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.
Read MoreThe 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.
Read MoreIt 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.
Read More