http://yourlegallegup.wpengine.com/wp-content/uploads/2018/03/YLLU_Main_Logo.png 0 0 Ken Gibert http://yourlegallegup.wpengine.com/wp-content/uploads/2018/03/YLLU_Main_Logo.png Ken Gibert2020-09-02 17:45:082020-09-02 17:45:08Moratorium on Evictions
There’s a New Moratorium in Town
With evictions beginning to happen, the feds have stepped in with an eviction moratorium. See, hosted.ap.org/berkshireeagle.
You have to prove four things to block an eviction: 1) Income < 99,000/yr if single; (2) you have sought government assistance to pay; (3) you can’t pay because of “Covid-19 hardships” and (4) likely to become homeless if evicted. The courts supposedly determine whether the moratorium applies in specific instances. The fact that the moratorium is a *defense* to eviction rather than a ban on access to the courts for landlords seeking eviction suggests that some landlords will ignore the moratorium and press on with evictions. And it raises issues of proof as to what must be shown and how, so it is not an ideal solution even to the evictions.
On the other hand, if enough people assert the right, it may simply cause cost-conscious landlords not to bring eviction suits. The problem there is that landlords need and want their rent, and in most places the legal fees for asserting an eviction are not much of a deterrent to bringing an eviction action. Thus landlords have a large incentive to try to evict and small reason not to go for it even if they shouldn’t get it.