Proceeding with the end of the Moratorium on Evictions
Because of the moratorium on evictions, some Property Owners in Durango have been dealt a financial blow. Some were unaware of where to find help for rent payments (or what the exact laws were). The Property Manager can help point you in the right direction.
The Eviction Ban
Recently, the U.S. Supreme Court ruled (at the end of August), stating that the CDC’s August 3, 2021 eviction ban, is now invalid.
It started with the Alabama Association of Realtors, who, along with other plaintiffs, challenged the validity of the Centers for Disease Control and Prevention (CDC)’s August 3, 2021, Agency Order,7 halting evictions in areas with high COVID-19 transmission rates.
The U.S. District Court for the District of Columbia agreed with the plaintiffs that the Order was unlawful. They stayed (put on hold) its decision, leaving the Order in place. Because of this, the plaintiffs asked the U.S. Supreme Court to lift (vacate) the District Court’s stay of its decision, which would result in the eviction ban created by the Order.
Thankfully, on August 26, 2021, the Supreme Court granted the plaintiffs’ request and vacated the District Court’s stay8 meaning the CDC’s eviction ban is no longer in place.1,8
For those who own property in Colorado, this is a relief. Yet, by order of the Governor, Jared Polis of Colorado, Landlords must give their tenants (who have applied for rental assistance), 30 days’ notice of nonpayment of rent before they can file an eviction suit.2,9
Local Eviction Bans
Though the CDC’s ban has ended, there could still be state or local eviction bans. Different states, counties, or cities may have their own rules on evictions. Sometimes enacting additional tenant protections. It’s recommended to check your State Eviction Protection program to find out if your state has any protections in place for your area.2 Find out if there is a local eviction ban or other tenant protections in place that you are unaware of. Click on this link and choose the official you need to talk for: “How to Contact Your Elected Officials” in USA.gov.2,3,4
Rent Relief Programs for Landlords
The Small Business Administration provides Economic Disaster Injury Loans for you.12,14 Help for Landlords (and Tenants alike) can be found here at the Emergency Rental Assistance Program the Department of Treasury set up.3
Rent may be raised at the end of the Lease, or if a month to month, it can be raised the next month. This may help recoup some of your losses.12
For the rent in arrears, there is a free legal form here, to be able to make a free Rent Payment Plan for the monies tenants have not yet paid.14
Utility Assistance Programs For Landlords
Some landlords include paying the utilities with their rentals. The Colorado statewide utility tracker5 can give you information about whether there are any current moratoriums on shutoffs. If you are one of the Landlords paying for the utilities, you will want to get current information about utility assistance programs on the Public Utilities Commission site. 2,6
If you already have a rental property, strongly consider using The Property Manager to help you professionally manage your residential or commercial rentals. They’ve been established here in Durango, Colorado for almost 35 years. Give us a call, and let’s set up a time to talk, (970) 259-0222, or email rentalinfo@rentdurango.com.
1 – https://www.nolo.com/legal-updates/the-u-s-supreme-court-has-ended-the-cdc-s-eviction-ban.html
2 – https://www.nolo.com/evictions-ban
3 – https://nlihc.org/era-dashboard
4 – https://www.usa.gov/elected-officials
6 – https://puc.colorado.gov/puc_covid19
7 – https://www.cdc.gov/media/releases/2021/s0803-cdc-eviction-order.html
8 – https://www.supremecourt.gov/opinions/20pdf/21a23_ap6c.pdf
9 – https://drive.google.com/file/d/18Loj8ImOLhRcVuEFLVAxLOis_6KfIK2B/view
10 – https://covid.cdc.gov/covid-data-tracker/#county-view
11 – https://nlihc.org/sites/default/files/COVID-Relief-Budget_Reconciliation.pdf
13 – https://www.sba.gov/funding-programs/loans/covid-19-relief-options/eidl/covid-19-eidl
14 – https://www.rocketlawyer.com/real-estate/landlords/property-management/document/rent-payment-plan
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