The Supreme Court Allows Evictions Again
In a 6-3 decision, the Supreme Court recently ruled to end the eviction moratorium initially put in place by the Centers for Disease Control and Prevention (CDC). The CDC put the eviction moratorium in place in response to the COVID-19 pandemic to curb the spread of the virus and any variants. The Supreme Court ruled that the CDC exceeded their authority in ordering the eviction moratorium in a ruling that has been hailed by landlords. The judges who dissented stated that the decision was made hastily, without proper briefing and argument. In the end, the Supreme Court said that if the eviction moratorium is to continue, it must be Congress who authorizes it through legislation. Congress initially authorized the eviction moratorium, and when it lapsed, the CDC stepped in with a series of orders continuing the moratorium.
What Is Happening Now
Residential evictions and foreclosures now get the go-ahead from the Supreme Court. This has led to huge eviction court dockets across the country. Anyone being threatened with eviction or foreclosure may be eligible for help from a $2.4 billion emergency rental assistance fund recently started by the state of New York. The state is accepting applications now. Many states and municipalities have extended their own eviction moratoriums to protect renters.
What Are Your Options as a Homeowner?
If you are a homeowner, then the end of the moratorium also ends the protection against foreclosure. You may have options to stop required payments, such as a forbearance or changing your requirements with a loan modification. If you have been served with an eviction notice or a notice of foreclosure, then it is important to speak to an experienced real estate attorney who knows how to help you stay in your home. If you have other legal questions related to residential or commercial real estate, then call us so we can help!
Get Professional Assistance
To schedule a consultation with an experienced attorney at The Law Offices of Melvin Monachan, call us at (347) 389-1682 or contact us online.