Posts in Apartment Lease
Cedar Point Nursery v. Hassid – A Labor Law Case That Could Affect Eviction Moratoriums

In Cedar Point Nursery v. Hassid, the U.S. Supreme Court held that California's law requiring agricultural land owners to permit union organizers onto their land for up to 360 hours per year is unconstitutional. This labor law case may support similar claims that the CDC eviction moratorium was not just beyond the CDC's statutory authority but also was unconstitutional. Although the CDC eviction moratorium is over, Cedar Point serves as a cautionary tale for states and local governments wanted to impose similar moratoriums.

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It’s the End of the CDC Eviction Moratorium–What’s Next?

Many people are concerned about a flood of evictions in the wake of the U.S. Supreme Court order that ended the CDC eviction moratorium. While some evictions are likely to happen, on the eve of that order, the Department of Treasury relaxed requirements to qualify for Emergency Rental Assistance, which should help some landlords and tenants who can't pay rent. And it's likely that state and local governments will react with their own eviction moratoriums to prevent an eviction crisis in their communities.

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Victims of the CDC Eviction Moratorium

The CDC Eviction Moratorium protected tenants from eviction until the U.S. Supreme Court ended it on August 26, 2021. However, the Moratorium's requirements didn’t protect tenants from rent increases. And because the Moratorium lacked standards to determine what tenants can afford and doesn't require them to provide financial documents, some tenants may have falsely claimed eligibility. This article serves as a cautionary tale about loopholes and pitfalls of COVID-19 eviction moratoriums generally.

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CDC Eviction Moratorium–A Primer for Landlords and Tenants

It sometimes was challenging for tenants to meet CDC eviction moratorium requirements, just as it can be challenging for landlords to pursue permissible evictions. Although the CDC eviction moratorium now has ended, this article’s guidance may also be applicable to state and local eviction moratoriums patterned after the CDC moratorium.

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Landlords Must Allow Emotional Support Animals

HUD recently charged a Missouri landlord with violating the Fair Housing Act by requiring a disabled individual to pay a pet deposit for her assistance animal. Here’s what the landlord should have done instead.

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Fair Housing Act Prohibits LGBTQ Discrimination

The U.S. Supreme Court’s decision in Bostock v. Clayton County, Georgia doesn’t only apply to employment relationships. The decision also clarifies that the Fair Housing Act prohibits discrimination based upon sexual orientation or gender identity.

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