INFORMATION PROVIDED BY ZONA LAW GROUP P.C.
Things are changing rapidly regarding the CDC Order.
Here are a few things you must know:
- Our firm is going to require managers to sign a declaration each time they request an eviction for non-payment or a writ on a non-payment of rent case. This is effective immediately.
- CLICK HERE FOR THE DECLARATION.
- Management companies may want to two people involved each time an eviction request is submitted.
- Companies should download the form and send to all of their properties.
- Clients should dismiss any pending non-payment eviction action if they receive a CDC declaration from the resident saying they are protected by the CDC order.
- Do not serve a non-payment of rent notice if you have received a CDC declaration from your resident.
- If you want to have a form available for your residents to use to show they are protected by the CDC order, click here.
- The AMA will also be publishing a detailed analysis, which we helped put together with others (it will highlight the things in this newsletter and the newsletter we sent on Tuesday). Be on the lookout for the AMA newsletter.
- Penalties for violating the CDC order are up to $500,000 and up to one year in jail PER VIOLATION. This is very serious.
As we wrote in last night in our newsletter Tuesday night, the CDC published an Order, which becomes effective Friday, September 4, 2020. It creates an national eviction moratorium for non-payment of rent matters, if the resident signs a declaration provided by the CDC.
There are a lot of questions in the language created by the CDC. We are hoping to get more answers shortly, but what is immediately clear is that there are significant penalties for violating the Order and landlords must be very careful in how they proceed with any action against a resident for non-payment.
AN IMPORTANT UPDATE SINCE THE PODCAST WAS TAPED – IF MANAGERS RECEIVE A DECLARATION FROM A RESIDENT, THEY SHOULD IMMEDIATELY DISMISS ANY NON-PAYMENT OF RENT CASE OR NOT FILE THE CASE. UNTIL CLARIFICATION COMES OUT FROM THE CDC, IT IS BETTER TO PURSUE THIS SAFER APPROACH.
Our readers likely knew we would publish a podcast and that more podcasts will come as we learn more information.
While you are in youtube, don’t forget to subscribe to the Zona Law channel.