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Landlord Alert: CDC Issues Temporary Halt in Residential Evictions

Client Alert

On September 1 the Centers for Disease Control and Prevention (“CDC”) issued a nationwide temporary halt on all residential evictions through December 31, 2020.  With the July 24, 2020 expiration of the prior moratorium established under the CARES Act, the CDC based the new moratorium on the need to protect public health and the likely increase in the spread of COVID-19 if mass evictions take place.

Under the CDC’s Order, “a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any jurisdiction to which this Order applies ***.”  Tenants facing the prospect of eviction and wishing to invoke the moratorium must provide the landlord with a signed declaration containing specific sworn statements including:

  • The tenant has used best efforts to obtain all available government assistance for rent or housing.
  • The tenant expects to earn no more than $99,000 in calendar year 2020 (or $198,000 for joint tax filers).
  • The tenant is unable to pay the full rent due to substantial loss of household income.
  • The tenant is using best efforts to make partial rent payments.
  • Eviction would likely render the tenant homeless.

While the CDC’s Order broadly defines what constitutes a residential property and is intended to halt all efforts to remove a tenant for failing to pay rent until the end of the year, it does not relieve the obligation to pay rent or to comply with any other lease obligations. Thus, the Order does not preclude evictions based on criminal conduct, health and safety concerns of other residents, violations of applicable health ordinances and building codes, or the violation of other lease obligations that do not include the timely payment of rent.

Landlords need to be mindful of the CDC Order and seek legal counsel if contemplating eviction between now and the end of the year. Penalties for not complying are steep for an individual and include (i) fines of up to $100,000 if the violation does not result in a death, (ii) fines of up to $250,000 if the violation results in a death, (iii) and can in addition include one year in jail. Penalties for an organization violating the CDC Order similarly are based on whether the violation resulted in a death and can climb as high as $500,000 per violation.

For questions for more information, please contact Member Blake R. Gerney at brgerney@bmdllc.com, or your primary BMD attorney.


House Bill 249: Key Updates to Involuntary Hospitalization Law for Mental Health Providers

House Bill 249 (HB 249) proposes changes to Ohio Revised Code (ORC) Sections 5122.01 and 5122.10 to expand the conditions under which a person with a mental illness can be involuntarily hospitalized.

Starting an Advanced Practice Provider Practice

Advanced practice providers (APPs), which includes non-physician providers such as nurse practitioners, physician assistants, and nurse anesthetists, commonly start their own healthcare practices. Practices may provide, for example, service offerings such as primary care, anesthesiology, mental health, and aesthetics (medical spas). However, there are a number of considerations and steps that must be taken for APPs to compliantly function independently.

FTC Increases Targeting of Companies Lacking Cyber Protection

The Federal Trade Commission (FTC) recently released a comprehensive cybersecurity report outlining key findings and recommendations based on emerging threats, trends in data breaches, and strategies for businesses to enhance their cybersecurity posture observed over the last year.

New Federal Medical Conscience Rule and Its Implications

The Department of Health and Human Services Office for Civil Rights issued a Final Rule to clarify protections for healthcare providers who refuse services based on religious or moral beliefs. This includes protection against discrimination for refusing procedures like assisted suicide or abortion. The OCR can receive complaints, conduct investigations, and enforce these protections. Entities are encouraged to update policies accordingly and display a model notice provided by the OCR.

Marijuana Reclassification and APRN/PA Prescribing

Marijuana is expected to be reclassified by the Drug Enforcement Administration (DEA) from a Schedule I controlled substance to a Schedule III controlled substance as a result of efforts by the Biden administration.