Florida Realtors® Sue CDC over Eviction Moratoriums

Covid changed a lot of things, some bad and some not. The eviction moratorium that was fist enacted under the CARES Act in March of 2020 was intended to be a temporary measure that did not apply to all residential housing, but only to properties tied to Federal assistance programs or those funded through Federal loan programs. That still did not stop States, in this case Florida, from enacting their own eviction moratoriums like the one under Governor DeSantis that was scheduled to expire in October of 2020. 

Just prior, the Centers for Disease Control (CDC) expounded upon that an order that was issued which barred "residential landlords from evicting tenants who make certain declarations that they are unable to pay rent. The order remains in place under extensions from Congress and the CDC." It is claimed that the moratorium does not ban evictions for other reasons, but the fear of penalty associated with the above has literally and figuratively handcuffed landlords from taking action, even if warranted. As this suit ramps up, and if it is cleared to go to trial, many more will follow. 

The suit also further states that "...the CDC's order does not give landlords any relief from paying their property taxes, mortgage payments, or utility and maintenance costs, and points out that while Congress has spent trillions to address the economic impact of COVID-19, it has opted against direct assistance for landlords." We at have always recognized the need for certain protections for those truly affected by the virus and rendered unable to pay rent, but we've also called for assistance to Landlords, many of whom are NOT large companies, REIT's, but often are "mom and pop" owners who are ALSO directly affected by the fallout from covid. Makes us wonder if any of the stimulus packages or Federal assistance offered to qualifying tenants have been offered to Landlords as well.  Where would we be right now? Stay tuned. The more you know. 

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