A Survey of Restrictions on Eviction and Foreclosure Remedies
back back back backA Survey of Restrictions on Eviction and Foreclosure Remedies
A survey of residential and commercial restrictions on eviction or other contractual remedies as well as foreclosures
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State, County, Municipality: Selma
Overview: On March 14, 2020, Mayor Darrio Melton issued State of Emergency stating "the City of Selma is …. [r]equesting all landlords to halt evictions for the next 60 days."
Link to Source
Residential/ Commercial: Order is not expressly limited to residential tenants.
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: AHFC
Overview: Governor Mike Dunleavy directed Alaska Housing Finance Corporation to suspend foreclosures and evictions immediately for Alaskans receiving assistance through AHFC.
Link to Source
Residential/ Commercial: Residential (only AHFC)
Other Remedies: Loan servicers "authorized to grant forbearance to homeowners."
State, County, Municipality: Statewide
Overview: Alaska State Legislature bill: “During the novel coronavirus disease (COVID-19) public health disaster emergency declared by the governor on March 11, 2020, as extended by sec. 2 of this Act, the statutory cause of action for forcible entry and detainer for nonpayment of rent under AS 09.45 and any other statutory cause of action that could be used to evict or otherwise eject a person who is a residential tenant for nonpayment of rent is suspended as applied to a person experiencing financial hardship related to the COVID-19 public health disaster emergency.”
Link to Source
Residential/ Commercial: Residential only
Other Remedies: “Nothing in this section prevents evictions for misconduct, violations of law, or violations of contracts outside of inability to pay rent; this section may not be construed to increase civil liability in a court of law … [t]his section does not relieve a person of the obligation to pay rent or restrict a landlord’s ability to recover rent due.”
State, County, Municipality: Statewide
Overview: Governor Ducey issued executive order requiring law enforcement to "temporarily delay enforcement of eviction action orders for residential premises when [there are circumstances relating to COVID-19]."
Link to Source
Residential/ Commercial: Residential
Other Remedies: "A lanbdlord shall not interpret a health and safety providion of a contract to include COVID-19 as a reason for termination of a lease or rental agreement . . . [n]o provision contained in this Executive Order shall be cosntrued as relieving any individual of the obligation to pay rent or comply with any other obligation that an individual may have under a tenancy.".
State, County, Municipality: Pima County
Overview: Pima County Constables "will not be conducting evictions until we have received adequate guidance from the Pima County Health Department and the Arizona Supreme Court."
Link to Source
Residential/ Commercial: Order is not expressly limited to residential tenants but references concern about transmitting infection "from one household to another."
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Alameda County (Oakland)
Overview: "Stay of all evictions pending between Tuesday, March 17, 2020, up to and through Wednesday, April 8, 2020." Oakland City Counsel to vote on proposed emergency moratorium on 4/7/20.
Link to Source
Residential/ Commercial: Order calls for stay of all evictions.
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Alameda (City)
Overview: "It shall be a defense in any eviction action instituted under State law if: A. The eviction action is instituted for non-payment of rent or, as to a Section 8 Program tenant, for non-payment of the tenant's share of the contract rent; B. The tenant demonstrates by substantial evidence that the tenant or the tenant's household has suffered a Substantial Loss of Income; or if the tenant is sick with COVID-19 or caring for a household or family member who is sick with CO VI D-19; and C. The notice to quit or pay rent was served on or after March 1, 2020."
Link to SourceResidential/ Commercial: Residential only
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Agoura Hills
Overview: “No landlord shall evict or attempt to evict a residential or commercial tenant if both of the following criteria are satisfied:
1) The basis for the eviction is nonpayment of rent, or a foreclosure, arising out of a substantial decrease in household or business income (including, but not limited to, a substantial decrease in household income caused by layoffs or a reduction in the number of compensable hours of work, or a substantial decrease in business income caused by a reduction in opening hours or consumer demand), or substantial out-of-pocket medical expenses; and
2) The decrease in household or business income or the out-of-pocket medical expenses described in subparagraph 1) was caused by the COVID-19 pandemic, or by any local, state, or federal government response to COVID-19, and is documented.”
Link to Source
Residential/ Commercial: Both
Other Remedies: “This does NOT relieve the tenant's liability for the unpaid rent, which the landlord may seek after termination of the COVID-19 local emergency and the tenant must pay within six months of the termination of the COVID-19 local emergency. A landlord may not charge or collect a late fee for rent that is delayed for the reasons stated in the City's Executive Order; nor may a landlord seek through the eviction process rent that is delayed for the reasons stated in the Executive Order.”
State, County, Municipality: Albany
Overview: “During the term of the ordinance, no landlord shall evict a tenant for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to financial impacts related to COVID-19.”
Link to Source
Residential/ Commercial: Both
Other Remedies: “No other legal remedies available to landlord are affected by this ordinance.”
State, County, Municipality: Alhambra
Overview: "[T]emporary moratorium on evicting tenants who are unable to pay rent due to circumstances related to the Coronavirus Disease 2019 (COVID-19)."
Link to Source
Residential/ Commercial: Both
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Anaheim
Overview: "No landlord shall initiate proceedings or otherwise take steps to evict a tenant for nonpayment of rent from any residential dwelling … if the tenant … demonstrates that the inability to pay rent is due to COVID-10." Same for commercial tenants.
Link to Source
Residential/ Commercial: Both
Other Remedies: "Nothing in this ordinance relieves the tenant of liability for the unapid rent after expiration of this ordinance."
State, County, Municipality: Antioch
Overview: “During the term of this Ordinance, no landlord shall endeavor to evict a residential or commercial tenant for nonpayment of rent, including but not limited to any such action under Civil Code sections 1940 et seq. or 1954.25 et seq., if the tenant provides written documentation or other objectively verifiable proof evidencing … “inability to pay rent [caused by COVID-10.”
Link to Source
Residential/ Commercial: Both
Other Remedies: “A landlord may not charge or collect a late fee or any other new fees for rent that is delayed for the reasons stated in this Ordinance, nor may a landlord seek rent that is delayed for the reasons stated in this Ordinance through the eviction process.”
State, County, Municipality: Apple Valley
Overview: “During the period of local emergency declared in response to COVID-19, no landlord shall endeavor to evict a tenant for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to financial impacts related to COVID-19.”
Link to Source
Residential/ Commercial: Both
Other Remedies: “No other legal remedies available to landlord are affected by this Order.”
State, County, Municipality: Arcata
Overview: "[P]rohibit[s] [] residential, mobilehome, or commercial eviction" where the tenant demonstrates inability to pay due to COVID-19.
Link to Source
Residential/ Commercial: Both
Other Remedies: Repayment period within 90 days of May 31, 2020.
State, County, Municipality: Baldwin Park
Overview: "Temporary moratorium on evictions citywide for non-payment of rent for tenants affected by corona virus ... The order is triggered for tenants who: (1) are able to demonstrate that they are unable to pay rent due to financial impacts related to COVID-19 or (2) a no-fault eviction unless necessary for the health and safety of tenants, neighbors or the landlord."
Link to Source
Residential/ Commercial: Residential
Other Remedies: Landlords must not serve a 3-day notice to tenants experiencing financial hardship due to corona virus and tenants must notify landlord of the inability to pay rent in writing via previously established e-mail and text communication
State, County, Municipality: Benicia
Overview: “During the period of local emergency declared in response to COVID-19, no landlord shall endeavor to evict a tenant for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to Financial Impacts related to COVID-19.”
Link to Source
Residential/ Commercial: Both
Other Remedies: “Nothing in this Order shall relieve the tenant of liability for the unpaid rent, nor restrict a landlord’s ability to recover rent due … [a] Landlord shall not impose, charge, or collect a late fee or equivalent surcharge for any rent payments which were unpaid due to Financial Impacts related to COVID-19.”
State, County, Municipality: Berkeley
Overview: Prohibits "evictions during the declared State of Emergency for non-payment of rent for residential and commercial tenants, and for those in default of mortgage payments."
Link to Source
Residential/ Commercial: Both
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Beverly Hills
Overview: "[N]o landlord shall endeavor to evict a tenant … for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to financial impacts related to COVID-19 or … for a no-fault eviction unless necessary for the health and safety of tenants, neighbors, or the landlord."
Link to Source
Residential/ Commercial: Both
Other Remedies: "Nothing in this Ordiance shall relieve the tenant of liability for the unpaid rent, which the landlord may seek after expiration of the local emergency and the tenant must pay within six months of the expiration of the local emergency."
State, County, Municipality: Buena Park
Overview: "During the period of local public health emergency and/or local emergency declared in response to COVID-19 … no landlord or agent of a landlord shall endeavor to evict a [] tenant … [f]or nonpayment of rent if the tenant demonstrates that the tenant is unabl;e to pay rent due to financial impacts related to COVID-19, or ... [f]or a no-fault eviction if any member of the household is sick, in isolation, or under quarantine."
Link to Source
Residential/ Commercial: Both
Other Remedies: "Nothing in this Urgency Ordinance shall relieve the tenant of liability for the unpaid rent, which the landlord may seek to collect after expiration of the local emergency and the tenant must pay back within six (6) months of the expiration of the local emergency."
State, County, Municipality: Burbank
Overview:"No property owner or landlord shall evict a residential or commercial tenant in the City of Burbank if: A. The basis for the eviction is nonpayment of rent, or a foreclosure, arising out of a substantial decrease in household or business income (including, but not limited to, a substantial decrease in household income caused by layoffs or a reduction in the number of compensable hours of work, or a substantial decrease in business income caused by a reduction in opening hours or consumer demand), or substantial out-of pocket medical expenses; and B. The decrease in household or business income or the out-of-pocket medical expenses described in subparagraph (A) was caused by the COVID-19 pandemic, or by any local, state, or federal government response to COVID-19, and is documented."
Link to Source
Residential/ Commercial: Both
Other Remedies: "Nothing in this ordinance shall be construed to mean that the tenant will not
still be obligated to pay lawfully charged rent. Tenants will have up to six months following the expiration of the local emergency declared by Burbank to repay any back due rent."
State, County, Municipality: Camarillo
Overview: "During the period of local emergency declared in response to COVID-19, no landlord shall endeavor to evict a tenant for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to Financial Impacts related to COVID-19."
Link to Source
Residential/ Commercial: Both
Other Remedies: "Nothing in this Order shall relieve the tenant of liability for the unpaid rent, nor restrict a landlord's ability to recover rent due."
State, County, Municipality: Capitola
Overview: “[P]rohibits evictions, through May 31, 2020, of any commercial and residential tenants who can demonstrate that they have received a notice of eviction for failure to pay rent, and that such failure is related to [COVID-19].”
Link to Source
Residential/ Commercial: Both
Other Remedies: Does not waive obligation to pay back rent owed or relieve tenant of obligation to pay rent.
State, County, Municipality: Chula Vista
Overview: "It shall be unlawful and prohibited for a landlord to evict a residential or commercial tenant in either of the following situations: (1) for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to financial impacts related to COVID-19 or (2) for a no-fault eviction unless necessary for the for the health and safety of tenants, neighbors, or the landlord."
Link to Source
Residential/ Commercial: Both
Other Remedies: "This ordinance shall not relieve tenant of any obligation to pay lawfully due rent, lease, or mortgage payments to landlord or mortgagor."
State, County, Municipality: Clearlake
Overview: “Residential tenants shall not be evicted for nonpayment of rent if the tenant demonstrates that the inability to pay rent is due to COVID-19, the state of emergency regarding COVID-19, or following government-recommended COVID-19 precautions.”
Link to Source
Residential/ Commercial: Residential only.
Other Remedies: “[L] landlords shall not serve a notice a notice pursuant to California Code of Civil Procedure sections 1161 or 1162, file or prosecute an unlawful detainer action based on a three-day pay or quit notice, or otherwise endeavor to evict the tenant for nonpayment of rent, and the ordinance place into effect March 19, 2020 by the Clearlake City Council shall be an affirmative defense to any such eviction action.”
State, County, Municipality: Concord
Overview: “[T]emporary moratorium on evictions for failure to pay rent, utilities, late fees and penalties for residential and commercial tenants in Concord, who are experiencing a substantial decrease in household or business income caused by the COVID-19 pandemic.”
Link to Source
Residential/ Commercial: Both
Other Remedies: No apparent restrictions on other remedies.
State, County, Municipality: Costa Mesa
Overview:
“[N]o landlord may evict a residential or commercial tenant if both of the following are true:
Link to Source
Residential/ Commercial: Both
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Culver City
Overview: "No landlord shall evict a residential tenant in the city of Culver City during this local emergency period if the tenant is able to show an inability to pay rent due to circumstances related to the COVID-19 pandemic."
Link to Source
Residential/ Commercial: Residential
Other Remedies: "Tenants will have up to six months following the expiration of the local emergency period to repay any back due rent."
State, County, Municipality: Davis
Overview: "During the period of local emergency declared in response to COVID-19, landlord are prohibited from evicting a residential or commercial tenant" for nonpayment of rent due to financial impacts related to COVID-19 or "[f]or a no-fault eviction unless immediately necessary because of the existence of a hazardous condition affecting tenants or neighbors."
Link to Source
Residential/ Commercial: Both
Other Remedies: "The tenant is not relieved of liability for the unpaid rent, which the landlord may seek after expiration of the local emergency and the tenant must pay within six months of the expiration of the local emergency."
State, County, Municipality: Duarte
Overview: "[M]oratorium on evictions of residential and commercials tenants for non-payment of rent due to reasons associated with the coronavirus (COVID-19)."
Link to Source
Residential/ Commercial: Both
Other Remedies: Tenants are still obligated to pay their rent and will have up to three months after the City of Duarte proclaims the termination of the Local Emergency to repay any unpaid rent, unless a landlord agrees to a longer repayment term.
State, County, Municipality: East Palo Alto
Overview: “[E]viction moratorium applies to every residential tenant in the City of East Palo Alto that has been impacted by the COVID-19 pandemic.”
Link to Source
Residential/ Commercial: Residential only
Other Remedies: Landlords should not charge or collect late fees for a delayed payment as defined in the emergency eviction moratorium.
State, County, Municipality: El Cerrito
Overview: “City Council adopted a temporary moratorium on residential and commercial tenants who have been financially impacted by the novel coronavirus (COVID-19).”
Link to Source
Residential/ Commercial: Both
Other Remedies: Suspends late fees from being charged.
State, County, Municipality: El Monte
Overview: 60 day eviction moratorium approved by City Council. Text of executed moratorium not available online.
Link to Source
Residential/ Commercial: Residential
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Emeryville
Overview: "During the term of this Ordinance, a Landlord may not terminate the tenancy of a Residential Tenant or Residential Tenant Household for failure to pay rent as described in Emeryville Municipal Code section 5-40.03(e)(1)(i) … a Landlord may not terminate the tenancy of a Commercial Tenant for failure to pay rent if the Commercial Tenant has notified the Landlord that the Commercial Tenant qualifies as an Affected Commercial Tenant prior to the expiration of the notice of termination that the Landlord is required to provide under applicable lease and/or contract provisions and/or state law.
Link to Source
Residential/ Commercial: Both
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Encinitas
Overview: “No landlord shall take action to evict a tenant for not timely paying rent that was due on or after March 27, 2020, if the tenant provided written notice to the landlord, on or before the date that each rent payment was due, that the tenant is unable to pay rent due to financial impacts related to COVID-19.”
Link to Source
Residential/ Commercial: Both
Other Remedies: Does not relieve tenant of liability for unpaid rent or prohibit landlord from collecting all rents due when tenant moves out.
State, County, Municipality: Fort Bragg
Overview: “[T]he authority of any landlord to commence evictions on any residential or commercial property within the incorporated area for [reasons related to COVID-19] is hereby suspended through May 31, 2020, including any extensions unless otherwise terminated.”
Link to Source
Residential/ Commercial: Both
Other Remedies: “Nothing is this ordinance shall relieve a tenant of the obligation to pay rent, nor restrict a landlord’s ability to recover rent due.” “Tenants who were afforded eviction protection under Section 2 of this ordinance shall have up to 180 days after the expiration on May 31, 2020, including any extensions, to pay their landlord all unpaid rent accrued during the term covered by this ordinance.”
State, County, Municipality: Fremont
Overview: “Fremont City Council ratified Executive Orders … temporarily prohibit evictions on all residential rental units and small-scale commercial tenants where the failure to pay rent is due to substantial income loss resulting from the COVID-19 public health crisis.
Link to Source
Residential/ Commercial: Both
Other Remedies: “[D]oes not relieve a tenant of liability for the unpaid rent, which the property manager or landlord may seek after expiration of the local emergency.”
State, County, Municipality: Fresno
Overview: "No residential tenant in the City shall be evicted due to loss of income related to a business closure, loss of hours or wages, layoffs, or out-of-pocket medical costs caused by the COVID-19 outbreak. Commercial landlords in the City are hereby prohibited from evicting commercial tenants for nonpayment of rent with respect to tenants whose businesses are subject to this Section or are otherwise closed (voluntarily or by mandate) to prevent or reduce the spread of COVID-19."
Link to Source
Residential/ Commercial: Both
Other Remedies: "Tenants will have up to six months after the termination of the emergency declaration to repay any back-due rent."
State, County, Municipality: Glendale
Overview: "[N]o landlord shall file an unlawful detainer action against a residential or commercial tenant …. During this local emergency period if the tenant is able to show an inability to pay rent due to circumstances related to the COVID-19 pandemic."
Link to Source
Residential/ Commercial: Both
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Goleta
Overview: "[D]uring the period of local emergency declared in response to COVID-19, no landlord shall endeavor to evict a residential or commercial tenant for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to financial impacts related to COVID-19."
Link to Source
Residential/ Commercial: Both
Other Remedies: "No other legal remedies available to landlord are affected by this order."
State, County, Municipality: Hayward
Overview: "During the Moratorium Period, no Landlord shall evict a tenant" for nonpayment of rent or "unless necessary for the imminent health and safety of tenants, neigjbors, or the landlord."
Link to Source
Residential/ Commercial: Residential
Other Remedies: "Nothing in this Ordinance shall relieve the tenant of liability for the unpaid rent, which the landlord may seek after expiration of the moratorium, unless the landlord and tenant agree otherwise. A landlord may not charge or collect a late fee for rent that is delayed for the reasons stated in this Ordinance."
State, County, Municipality: Humboldt County
Overview: In an email sent to the Outpost on March 18, the Humboldt County Sheriff’s Office said that it will not be enforcing evictions “effective immediately until further notice.” No official order has been entered by the county, the City of Arcata, or the City of Eureka.
Link to Source
Residential/ Commercial: Residential
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Inglewood
Overview: "45-day moratorium on the eviction of any residential tenant for non-payment of rent due to any financial impact related to COVID-19."
Link to Source
Residential/ Commercial: Residential
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Long Beach
Overview: “[E]mergency ordinance … temporarily halts evictions for residential and commercial tenants affected by the COVID-19 pandemic.”
Link to Source
Residential/ Commercial: Both
Other Remedies: Protected tenants have until Nov. 30 to pay all delayed rent to their landlords without incurring late charges.
State, County, Municipality: Los Angeles
Overview: "I hereby order that no landlord shall evict a residential tenant in the City of Los Angeles during this local emergency period if the tenant is able to show an inability to pay rent due to circumstances related to the COVID-19 pandemic." Mayor subsequently issued a similar moratorium on commercial evictions.
Link to Source
Residential/ Commercial: Both
Other Remedies: "Nothing in this subsection shall be construed to mean that the tenant will not still be obligated to pay lawfully charged rent. Tenants will have up to six months following the expiration of the local emergency period to repay any back due rent."
State, County, Municipality: Marin County
Overview: "[I]f a residential or commercial tenants has not made a timely rent payment that was due on or after the date of adoption of the proposed Resolution, the landlord may not receover possession of the unit if the tenant aprovides notice to the landlord within 30 days after the date that rent was due that the tenant is unable to pay rent due to financial impacts related to COVID-19."
Link to Source
Residential/ Commercial: Both
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Mendocino County
Overview: “[T]he authority of any landlord to commence evictions on any residential or commercial property within the unincorporated area for [reasons related to COVID-19] is hereby suspended through May 31, 2020, unless otherwise terminated or extended.”
Link to Source
Other Remedies: “Nothing is this resolution shall relieve a tenant of the obligation to pay rent, nor restrict a landlord's ability to recover rent due.”
State, County, Municipality: Mission Viejo
Overview: "[E]viction moratorium on both residential and commercial tenants and will remain in effect through May 31, 2020, unless extended by the City Council. The ordinance restricts an owner’s ability to evict a tenant for non-payment of all – or a portion of – rent if the tenant can demonstrate that the tenant is unable to pay full rent due to financial impacts related to COVID-19."
Residential/ Commercial: Both
Other Remedies: "[D]oes not relieve the tenant of their obligation to pay rent. Rent is required to be paid in full within six months after the moratorium's expiration."
State, County, Municipality: Monrovia
Overview: “During the existence of the local emergency, no residential property owner or agent shall take any action, or threaten, to evict a tenant … for nonpayment of rent” or for a “[n]o-fault eviction unless immediately necessary for [] health and safety.”
Link to Source
Residential/ Commercial: Residential
Other Remedies: “Tenants must pay all rent that is due within 6 months following the termination of this local emergency. All tenants are encouraged to work hand-in-hand with landlords.”
State, County, Municipality: Monterey
Overview: "Pursuant to Executive Order N-28-20 and to the general police power the City to protect the health, safety, and welfare of its citizens, the authority of any landlord to commence an eviction on any tenant of a residential or commecial property within the City of Monterey [for reasons related to COVID-19] is hereby suspended through May 31, 2020."
Link to Source
Residential/ Commercial: Both
Other Remedies: "Nothing herein shall relieve a tenant of the obligation to pay rent, nor restrict an owner's ability to receover rent due." All rental amounts due no later than 120 calendar days from May 31, 2020, or from the date that the Health Officer of the County of Monterey terminates its March 17, 2020 order that all non-essential persons shelter in their place of residence, whichever date is later.
State, County, Municipality: Moorpark
Overview: Until the period of local emergency declared in response to COVID-19 concludes, or until May 31, 2020, whichever date is sooner, no landlord shall endeavor to evict a residential or commercial tenant . . . [if t]he basis for for the eviction is nonpayment of rent [resulting from COVID-19]."
Link to Source
Residential/ Commercial: Both
Other Remedies: Nothing in this Executive Order shall relieve the tenant of liability for the unpaid rent, which the landlord may seek after expiration of the local emergency and the tenant must pay within six months of the expiration of the local emergency. Six months after the end of the emergency if the rent is unpaid, a landlord may charge or collect a late fee for rent that is delayed for the reasons stated in this Executive Order; or a landlord may seek rent that is delayed for the reasons stated in this Executive Order through the eviction or other appropriate legal process.
State, County, Municipality: Mountain View
Overview: Temporary eviction moratorium for residential evictions for non-payment of rent due to COVID-19-related financial impacts.
Link to Source
Residential/ Commercial: Residential only.
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Nevada County
Overview: “[T]he authority of any landlord to commence any residential or commercial property evictions of tenants or occupants of residential or commercial properties located m the unincorporated areas of Nevada County based on [inability to pay due to COVID-19] is hereby suspended through May 31, 2020.”
Link to Source
Residential/ Commercial: Both
Other Remedies: “Nothing in this Resolution shall relieve a tenant of the obligation to pay rent, nor restrict a landlord's ability to recover rent due.”
State, County, Municipality: Oakland
Overview: “Except when the tenant poses an imminent threat to the health or safety of other occupants of the property, and such threat is stated in the notice as the grounds for the eviction, it shall be an absolute defense to any unlawful detainer action filed under Oakland Municipal Code 8.22.360A subsections (1) – (10) that the notice was served or expired, or that the complaint was filed or served, during the Local Emergency.” Similar language for commercial tenants.
Link to Source
Residential/ Commercial: Both
Other Remedies: Also imposes a moratorium on rent increases and late fees for residential tenants but does not provide relief from liability for rent.
State, County, Municipality: Ojai
Overview: “[N]o landlord shall evict a residential tenant in the city of Ojai during this local emergency period if the tenant is able to show an inability to pay rent due to circumstances related to the COVID-19 pandemic.”
Link to Source
Residential/ Commercial: Residential only.
Other Remedies: “Nothing in this section shall be construed to mean that the tenant will not still be obligated to pay lawfully charged rent. Tenants will have up to six months following the expiration of the local emergency period to repay any back-due rent.”
State, County, Municipality: Oxnard
Overview: “During the period of Local Emergency declared in response to COVID-19, no landlord shall endeavor to evict a tenant for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to Financial Impacts related to COVID-19.”
Link to Source
Residential/ Commercial: Both
Other Remedies: “Nothing in this Order shall relieve the tenant of liability for the unpaid rent, nor restrict a landlord’s ability to recover rent due.”
State, County, Municipality: Palm Springs
Overview: “[N]o landlord shall endeavor to evict a tenant for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to financial impacts related to COVID-19. Nor shall any landlord endeavor to evict a tenant during the period of local declared emergency period based on the presence of unauthorized occupant(s) (within building code occupancy limits), pet(s) or alleged nuisance, provided that such unauthorized occupant(s), pet(s) or alleged nuisance is related to COVID-19.”
Link to Source
Residential/ Commercial: Both
Other Remedies: “No other legal remedies available to landlord are affected by this ordinance. This ordinance does not prevent a landlord from evicting a tenant who failed to pay rent when due prior to March 14, 2020 or for any other lease violation.”
State, County, Municipality: Pasadena
Overview: "For residential properties, no landlord shall endeavor to evict a tenant in either of the following situations: (1) for non-payment of rent if the tenant demonstrates that the tenant is unable to pay rent due to financial impacts related to COVID-19 or (2) for a no-fault eviction unless necessary for the health and safety of tenants, neighbors, or the landlord. .... For commercial properties, no landlord shall endeavor to evict a commercial tenant for non-payment of rent if a commercial tenant is unable to pay rent due to financial impacts related to COVID-19."
Link to Source
Residential/ Commercial: Both
Other Remedies: Unpaid rent must be paid back within 6 months of expiration of local emergency. Landlord may not charge or collect late fee for rent nor seek rent through eviction process.
State, County, Municipality: Placentia
Overview: "No landlord shall seek to evict a residential or commercial tenant" who is unable to pay for reasons associated with COVID-19."
Link to Source
Residential/ Commercial: Both
Other Remedies: "A landlord may not charge or collect penalties or a late fee for rent that is delayed for the reasons stated in this Ordinance."
State, County, Municipality: Pomona
Overview: “To assist residents and businesses that have been economically impacted by the Coronavirus, the City issued an Eviction Moratorium Emergency Order, which includes a temporary moratorium on evictions for non-payment of rent for tenants who are unable to pay rent due to circumstances related to the COVID-19 pandemic.”
Link to Source
Residential/ Commercial: Both
Other Remedies: “The City’s Order does not relieve tenants from eventually paying the rent within six months after the expiration of the local emergency. The landlord may not charge a late fee on the rent.”
State, County, Municipality: Rancho Cucamonga
Overview: "The eviction moratorium applies only to evictions based on the non-payment of rent due to a financial hardship related to the COVID-19 pandemic." "[W]ill last through May 31st for residential tenants and April 30th for commercial tenants unless the City's emergency declaration ends sooner."
Link to Source
Residential/ Commercial: Both
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Richmond
Overview: "A temporary moratorium on no-fault evictions and evictions for non-payment of rent by residential tenants impacted by the COVID-19 crisis is imposed."
Link to Source
Residential/ Commercial: Residential
Other Remedies: Landlord may not charge or collect late fee or seek rent through the eviction process.
State, County, Municipality: Riverside
Overview: “A temporary moratorium on the eviction of residential and commercial tenants due to non-payment of rent in relation to the COVID-19 crises is hereby imposed for sixty (60) days.”
Link to Source
Other Remedies: Does not relieve tenant from obligation to pay rent or restrict landlord’s ability to recover rent due after termination of moratorium.
State, County, Municipality: Rosemead
Overview: “From the date of this Ordinance through its expiration, as set forth herein, in response to COVID-19 no landlord shall endeavor to evict a tenant for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to Financial Impacts related to COVID-19.”
Link to Source
Residential/ Commercial: Both
Other Remedies: “Nothing in this Ordinance shall relieve the tenant of liability for the unpaid rent, nor restrict a landlord’s ability to recover rent due. A tenant shall not be deemed in default of rent payment obligations unless the Tenant fails to tender rent payments which were unpaid due to Financial Impacts related to COVID-19, within 6 months of May 31, 2020, or within 6 months of the date upon which an extension of this Ordinance expires, whichever is later. A Landlord shall not impose, charge, or collect a late fee or equivalent surcharge for any rent payments which were unpaid due to Financial Impacts related to COVID-19.”
State, County, Municipality: Sacramento
Overview: "No landlord shall endeavor to evict a tenant for nonpayment of rent if the tenant, in accordance with this subsection D, demonstrates that the inability to pay rent is due to the Coronavirus Disease 2019 (COVID-19), the state of
emergency regarding COVID-19, or following government-recommended COVID19 precautions."
Link to Source
Residential/ Commercial: Order is not expressly limited to residential tenants, but language suggests it may be intended to protect only residential tenants.
Other Remedies: "[A] landlord shall not serve a notice pursuant to California Code of Civil Procedure sections 1161 and 1162, file or prosecute an unlawful detainer action based on a three-day pay or quit notice, or otherwise endeavor to evict the tenant for nonpayment of rent."
State, County, Municipality: San Bernardino
Overview: “During the period of local emergency declared in response to COVID-19, no landlord shall endeavor to evict a tenant for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to financial impacts related to COVID-19.”
Link to Source
Residential/ Commercial: Both
Other Remedies: No other legal remedies affected.
State, County, Municipality: San Diego
Overview: The San Diego City Council voted to support a temporary moratorium on evictions for residents and businesses in the city. Any resident or business missing rent payments due to a loss of income or medical bills resulting from novel coronavirus will be granted a stay until at least May. The City Attorney's Office will collaborate with city staff to draw up the actual law going into effect.
Link to Source
Residential/ Commercial: Both
Other Remedies: Unknown, actual law pending
State, County, Municipality: San Gabriel
Overview: “[A] landlord shall not (a) terminate the tenancy of a Tenant who qualifies as an Affected Tenant for non-payment of rent; or (b) impose, charge, or collect a late fee or equivalent surcharge for any unpaid rent due to any reason [related to COVID-19].”
Link to Source
Residential/ Commercial: Both
Other Remedies: No apparent impact to other legal remedies.
State, County, Municipality: San Francisco
Overview: Mayor London N. Breed announced a 30 day moratorium on residential evictions related to financial impacts caused by COVID-19. Under the order, a tenant must notify their landlord that they cannot pay rent due to a COVID-19 related impact. Within one week of this notice, the tenant must provide documentation or other objective information that they cannot pay rent.
Link to Source
Residential/ Commercial: Residential
Other Remedies: Tenants will have up to six months after the termination of the emergency declaration to repay any back due rent.
State, County, Municipality: San Jose
Overview: Moratorium of at least 30 days on evictions against residents who can show that they cannot pay rent because of a loss of income related to COVID-19.
Link to Source
Residential/ Commercial: Residential
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: San Luis Obispo County
Overview: "[T]he authority of any landlord to commence evictions on any residential or commercial property for [reasons related to COVID-19] is hereby suspended through May 31, 2020."
Link to Source
Residential/ Commercial: Both
Other Remedies: Landlord may not charge or collect a late fee for rent delayed as a result of COVID-19 or seek rent through the eviction process.
State, County, Municipality: San Mateo
Overview: “[U]ntil May 31, 2020, unless further extended by the County before that date (“Termination Date”), no Landlord shall endeavor to evict a Tenant in either of the following situations: (1) for non-payment of rent if the Tenant demonstrates that inability to pay rent is due to the COVID-19 pandemic or the federal, state or local government response to the COVID-19 pandemic, or (2) for a no-fault termination of tenancy as defined herein unless necessary for the health and safety of the Tenant, other residents of the building at which the Tenant resides, the Landlord, or the Landlord’s Family.”
Link to Source
Residential/ Commercial: Residential
Other Remedies: “Nothing in this Emergency Regulation shall relieve the Tenant of the obligation to pay rent as it comes due after the Termination Date or of the liability for the unpaid rent that is a Delayed Payment, payment of which the Landlord may seek after the Termination Date. However, with respect to any Delayed Payment covered by this Emergency Regulation, a Tenant shall have up to 180 days after the Termination Date to tender the full amount of the Delayed Payment, before the Tenant shall be deemed to be in default of rent payment obligations.”
State, County, Municipality: Santa Ana
Overview: "During the period of local emergency declared in response to COVID-19, no landlord shall endeavor to evict a tenant for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to Financial Impacts related to COVID-19."
Link to Source
Residential/ Commercial: Both
Other Remedies: "Nothing in this order shall relieve the tenant of liability for the unpaid rent, which the landlord may seek after expiration of the local emergency and the tenant must pay within six months of the expiration of the local amergency. A landlord may not charge or collect a late fee for rent that is delayed for the reasons stated in this order; nor may a landlord seek rent that is delayed for the reasons stated in this order through the eviction process."
State, County, Municipality: Santa Barbara
Overview: "The owner of residential real property or the owner’s agent shall grant a rent or lease payment deferral to a tenant who has notified the owner or the owner’s agent of a Significant Negative Change to Their Household Financial Condition as provided in Subsection B. below. Upon receipt of such notice, the owner or agent shall not take any action to terminate the tenancy for nonpayment of rent, or to evict a tenant for nonpayment of rent, if the tenant’s notice states that they are unable to pay all or part of their rent (including lease payments) because of a Significant Negative Change to Their Household Financial Condition as a result of COVID-19 or any private or governmental actions resulting from COVID-19, including but not limited to termination of employment, significantly reduced hours of employment, lay-off, or significant salary reduction." Same for commercial tenancies.
Link to Source
Residential/ Commercial: Both
Other Remedies: "Any rents or lease payments that are deferred pursuant to this ordinance shall remain the lawsul debt and obligation of the tenant."
State, County, Municipality: Santa Cruz
Overview: “[T]he Santa Cruz City Council approved Ordinance No. 2020-07, an emergency ordinance would prevent residential or commercial evictions for non-payment of rent as a result of economic losses related to the coronavirus pandemic.”
Link to Source
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Santa Monica
Overview: "During the period of local emergency declared in response to COVID-19, no landlord shall endeavor to evict a tenant in either of the following situations: (1) for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to financial impacts related to COVID-19 or (2) for a no-fault eviction unless necessary for the health and safety of tenants, neighbors, or the landlord."
Link to Source
Residential/ Commercial: Residential
Other Remedies: "A landlord who knows that a tenant cannot pay some or all of the rent temporarily for the reasons set forth above shall not serve a notice pursuant to CCP 1161(2), file or prosecute an unlawful detainer action based on a 3-day pay or quit notice, or otherwise seek to evict for nonpayment of rent."
State, County, Municipality: Scotts Valley
Overview: "Through May 31, 2020, the expiration date in Governor Newsom’s Executive Order N-28-20, the Owner of Residential or Commercial real property shall not terminate a tenancy for failure to pay rent if the tenant demonstrates that the failure to pay rent is directly related to substantial loss of income or the substantial out-of-pocket medical expenses associated with the COVID-19 pandemic or any local, state or federal government response to the pandemic."
Link to Source
Residential/ Commercial: Both
Other Remedies: "Nothing in this ordinance shall relieve a tenant of the obligation to pay rent or other monies owed, nor restrict a landlord’s ability to recover rent or amounts due."
State, County, Municipality: Shasta County
Overview: "Through May 31, 2020, an owner of residential or commercial real property shall not evict a tenant for failure to pay rent or evict a tenant through foreclosure if the tenant demonstrates that the failure to make required payments is directly related to a substantial loss of income or substantial out-of-pocket medical expenses associated with the coronavirus pandemic or any local, state, or federal government response to the pandemic.
Link to Source
Residential/ Commercial: Both
Other Remedies: "Nothing in this chapter shall relieve a tenant of the obligation to pay rent or otherwise make required payments, nor restrict an owner's ability to recover such payments."
State, County, Municipality: Simi Valley
Overview: "[T]emporary moratorium on eviction for non-payment of rent by residential or commercial tenants impacted by the COVID-19 crisis."
Link to Source
Residential/ Commercial: Both
Other Remedies: "Nothing in this Order shall relieve the tenant of liability for the unpaid rent, nor restrict a landlord's ability to recover rent due."
State, County, Municipality: Statewide
Overview: Governor entered executive order giving local governments in the state the authority to impose their own restrictions and limitations on residential and commercial evictions.
Link to Source
Residential/ Commercial: Both
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Thousand Oaks
Overview: "A temporary moratorium on eviction has been issued for non-payment of rent by commercial tenants impacted by the COVID-19 crisis."
Link to Source
Residential/ Commercial: Both
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Watsonville
Overview: "No landlord shall endeavor to evict a commercial or residential tenant … if the tenant, in accordance with this ordinance, demonstrates that the inability to pay rent is due to the Coronavirus Disease 2019…"
Link to Source
Residential/ Commercial: Both
Other Remedies: "The tenant is not relieved of liability for the unpaid rent after expiration of this moratorium."
State, County, Municipality: West Hollywood
Overview: “[T]emporary moratorium on evictions for nonpayment of rent during the current state of emergency caused by the COVID-19 pandemic”
Link to Source
Residential/ Commercial: Not expressly limited to residential tenants
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Woodland
Overview: "[D]uring the period of local emergency declared in response to COVID-19, no landlord shall endeavor to evict a tenant for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to financial impacts related to COVID-19."
Link to Source
Residential/ Commercial: Both
Other Remedies: "No other legal remedies available to landlord are affected by this Ordinance."
State, County, Municipality: Statewide
Overview: "I direct the Executive Directors of the Department of Local Affairs (DOLA), Department of Labor and Employment (CDLE), and Department of Regulatory Agencies (DORA) to work with property owners and landlords to identify any lawful measure to avoid removing or executing eviction procedures against tenants or mobile home owners without cause or as a result of late or non-payment of rent or minor tenancy violations until April 30, 2020... I direct the Executive Director of the Department of Public Safety (DPS) to work with all Sheriffs, Mayors, and other local leaders to take similar formal actions with their law enforcement agencies to suspend residential eviction activity in the State until April 30, 2020 unless such actions are necessary to protect public health and safety." Subsequently extended through May 31/2020.
Link to Source
Residential/ Commercial: Residential
Other Remedies: "Nothing in this Executive Order relieves a tenant of the obligation to pay rent, nor restrict a landlord's ability to recover rent due, or otherwise comply with the public health and safety requirements or other legal requirements."
State, County, Municipality: Denver
Overview: "The Denver Sheriff Department will temporarily redeploying sheriff deputies away from evictions to other areas of need within the department."
Link to Source
Residential/ Commercial: Order is not expressly limited to residential tenants and appears to cover both.
Other Remedies: No impact or restriction on other remedies.
State, County, Municipality: Statewide
Overview: "[I]mmediate stay of all issued executions on evictions and ejectments through May 26, 2020."
Link to Source
Residential/ Commercial: Order is not expressly limited to residential tenants and appears to cover both.
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Statewide - Judicial Proceedings Paused
Overview: "All landlord/tenant, debt, replevin and trespass proceedings scheduled for in-court appearance and all evictions currently ordered and scheduled from March 17, 2020 through April 16, 2020 shall be rescheduled for a date not earlier than May 1, 2020, with the following exceptions: 1) Forthwith summons applications in landlord-tenant matters involving essential services and/or harm to person or property will be accepted and ruled upon; 2) Case by case exceptions to these guidelines may be ordered at the discretion of the Court and with proper notice to all parties"
Delaware Justice of the Peace Court's Standing Order
Residential/ Commercial: Both. Applies to "all landlord/tenant" proceedings"
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Statewide - No Actions for Summary Possession - Residential
Overview: "Until the state of emergency is terminated and the public health emergency is rescinded . . . [n]o action for summary possession may be brought with respect to any residential rental unit located within the State."
Link to Source
Residential/ Commercial: Residential.
Other Remedies: No late fees or interest may be charged, but "no provision contained in this Order shall be construed as relieving any individual of the obligation to pay rent or to comply with any other obligation that an individual may have under tendency."
State, County, Municipality: Washington D.C.
Overview: On March 19, 2020, the Chief Judge of the Superior Court of the District of Columbia issues an Order suspending deadlines, including: “All deadlines and time limits in statutes, court rules, and standing and other orders issued by the court that would otherwise expire before May 15, 2020 . . . are tolled and extended during the period of the current emergency.” The Order also states: “All evictions of tenants and foreclosed homeowners on or before May 15, 2020 are stayed.”
Superior Court Order
Residential/ Commercial: Appears to apply to residential and commercial because stays “all evictions of tenants.”
Other Remedies: No apparent impact on other remedies
State, County, Municipality: Washington D.C.
Overview: The D.C. City Council passed a temporary bill (will become law when signed by the Mayor) that will remain in effect for 90 days (270 days once it passes a second Council vote). The bill amends the Rental Housing Conversion and Sale Act of 1980 to add Section 514: “All deadlines for tenants and tenant organizations to exercise rights under this act that will occur during a period of time for which a public health emergency has been declared . . . are extended to a date 30 days following the end of the public health emergency.” The Rental Housing Act is also amended to add paragraph 6 to section 531(c) stating: “Impose a late fee on a tenant during any month for which a public health emergency has been declared.”
D.C. Act 23-247
Residential/ Commercial: Appears to apply to residential and commercial.
Other Remedies: The law restricts evictions and also limits landlord’s ability to impose any late fees for a month in which a public health emergency has been declared
State, County, Municipality: Statewide
Overview: Governor DeSantis issued an executive order that states, “I hereby suspend and toll any statute providing for a mortgage foreclosure cause of action under Florida law for 45 days from the date of this Executive Order, including any extensions. Section 2. I hereby suspend and toll any statute providing for an eviction cause of action under
Florida law solely as it relates to non-payment of rent by residential tenants due to the COVID-19 emergency for 45 days from the date of this Executive Order, including any extensions. Section 3. Nothing in this Executive Order shall be construed as relieving an individual from their obligation to make mortgage payments or rent payments.”
Link to Executive Order
Residential/ Commercial: Residential
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Broward County
Overview: Administrative Order enacted by Seventeenth Judicial Circuit of Florida: "I have previously entered Administrative Order 2019-85-Gen, Suspending the Execution of Writs of Possession During Emergencies….Pursuant to that Adminissrtative Order, the Sheriff shall suspend posting and execution of any wris of possession for residential premises that have not been executed prior to the declaration of emergency and partial suspension of court operations. This mandate not only applies to the Sheriff but to all law enforcement agencies."
Chief Judge of Seventeenth Judicial Circuit of Florida's Letter
Residential/ Commercial: Residential
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Hillsborough
Overview: Hillsborough County Sheriff's Office announced a moratorium on evictions through April 20.
Hillsborough Sheriff's Office Press Release (formal order not published)
Residential/ Commercial: The moratorium applies to "any evictions"; however, the remainder of the announcement only discusses "families" and "their homes."
Other Remedies: The Sheriff's Office will continue to accept writs of possession and property owners and landlords may still file for evictions with the courts, but the Sheriff's Office will not execute any eviction orders during the suspension period. The $90 dollar fee paid to serve an eviction notice remains non-refundable.
State, County, Municipality: Miami
Overview: "Due to @Mayor Gimenez declaring a state of emergency in #Our County, the #MDPD has temporarily suspended all eviction activities until further notice. #COVID19"
Formal Order not issued. Announcement made on social media, found here
Residential/ Commercial: Both. Applies to "all eviction proceedings"
Other Remedies: Landlords may continue to prosecute evictions up to the point of the Writ of Possession. The Miami-Dade Sheriff has states they will not process eviction orders until further notice.
State, County, Municipality: Orange County (Orlando)
Overview: "[B]ecause of the State of Emergency related to Coronavirus, the Orange County Sheriff's Office has temporarily suspended all eviction activities until further notice."
Orange County Sheriff's Office Website (formal order not published)
Residential/ Commercial: Applies to "all eviction activities," presumably both residential and commercial
Other Remedies: While sheriff's offices are suspending eviction removals, landlords are should still be able to obtain final judgments for eviction and have the Clerk of Court issue the writs of possession, and the writs of possession can be delivered to the Sheriff
State, County, Municipality: Second Judicial Circuit (Leon, Gadsden, Liberty, Franklin, and Wakulla counties)
Overview: "Each sheriff of the Second Judicial Circuit is
authorized to stay execution of writs of possession and orders directing removal of tenants through eviction proceedings for the duration of the public health emergency or further administrative order."
Second Judicial Circuit of Florida Court Order (only PDF available)
Residential/ Commercial: Presumably applies to both
Other Remedies: The Leon County Clerk of Court stated, in an interview, "It doesn't stop late fees, or penalties [from accruing]."
State, County, Municipality: Fourth Judicial Circuit (Jacksonville, Duval County)
Overview: In Duval County, execution on any writ of possession or writ of eviction issued by authority of these same County Courts and Circuit Courts is stayed for the period from March 19 2020, through April 3, 2020.
Link to Source
Residential/ Commercial: Presumably applies to both
Other Remedies: Foreclosure sales are also cancelled. No apparent impact or limitation on other remedies.
State, County, Municipality: Eighteenth Judicial Circuit (Seminole and Brevard counties
Overview:
Administrative Order No. 20-15 Amended
Residential/ Commercial: Presumably applies to both. Applies to "all eviction…proceedings" and "all foreclosure sales"
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Statewide (Florida Supreme Court)
Overview: The Florida Supreme Court's order states, "Given the exigencies of the public health emergency, the requirement in Florida Rule of Civil Procedure 1.580(a) for the clerk to issue a writ of possession
“forthwith” shall be suspended through the close of business on Friday, April 17, 2020, or as provided by subsequent order."
Florida Supreme Court Administrative Order No. AOSC20-17
Residential/ Commercial: Applies to both
Other Remedies: The order only suspends writs of evictions, and does not seem to impact or limit any other remedies. Evictions and foreclosure proceedings will continue until the final step of obtaining a writ of possession.
State, County, Municipality: Atlanta
Overview: [T]he Atlanta Housing Authority, Atlanta Beltline, Inc., Fulton County/City of Atlanta Bank Authority, Invest Atlanta, Partners for Home, and the City of Atlanta's Department of Grants and Community Development are called upon to institute a Temporary moratorium on residential evictions and filing for a period of sixty (60) days from the date of this order.
The entities subject to this order are instructed not to permit the issuance of notices of termination or initiate evictions for non-payment of rent, and not to permit the imposition of late fees or other charges due to late or non-payment of rent during the term of this order."
Office of the Mayor Executive Order No. 2020-10
Residential/ Commercial: Residential
Other Remedies: Impacts evictions and late fees or penalties for the non-payment of rent
State, County, Municipality: Cobb County
Overview: Cobb County Superior Court suspended all eviction hearings for the duration of the Georgia's judicial emergency issued on March 13.
Cobb County Superior Court Order
Residential/ Commercial: Both. Applies to "all evictions"
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Dekalb County
Overview: "The judicial branch of government has agreed to a moratorium on evictions within Dekalb County and such moratorium shall stay in place for as long as directed by Order of the Supreme Court of Georgia, now and as such Order may be amended hereafter."
Dekalb County Executive Order No. 20-001
Residential/ Commercial: Presumably applies to both
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Fulton County
Overview: "All evictions scheduled during the Judicial Emergency are temporarily suspended...Absent additional direction from Chief Justice Harold Melton, the landlord-tenant (eviction) calendar along with the other suspended calendars will resume on April 14, 2020"
Formal Press Release
Residential/ Commercial: Both. Applies to "all evictions"
Other Remedies: Landlords can still file while order is in place. When hearings resume, all earlier cases will need to be rescheduled.
State, County, Municipality: Statewide
Overview: Public Safety Order: "The Hawaii Department of Public Safety Sheriff Division is suspending all eviction activities as part of the Department’s COVID-19 response efforts....The temporary hold on evictions is effective immediately. This suspension will be reevaluated at a later date."
Governor's' statements: "During the emergency, the following additional steps are being discussed with our community’s business partners and non-profit organizations to maintain stability for our families by...[h]alting eviction for non-payment of rent, [h]alting foreclosures."
Hawaii Department of Public Safety Order
Residential/ Commercial: The proposed plan does not specify so it presumably applies to both residential and commercial evictions. However the Order mentions that the purpose of the Order is to "maintain the stability of our families"
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: City of Boise
Overview: The City Council for Boise issued a resolution that applies only to city-owned housing and providing that "due to the possible economic and health consequences from this emerging crisis, City staff are directed to take no action to evict lawful residents of City owned housing facilities for the inability to pay rent while the local disaster regulation remains effect and waive rent for th emonth of April for all lawful residents of City owned housing."
City of Boise Resolution
Residential/ Commercial: Residential Only
Other Remedies: The Order does not appear to impact other remedies; it is limited only to the actions of the City as landlord.
State, County, Municipality: Ada County (largest)
Overview: Ada County Commissioners were unable to enact a moratorium on evictions as of 3/22/2020, but specific judicial districts in the state suspended jury trials in light of coronavirus concerns, and eviction hearings were ceased in Blaine County Idaho by order from 5th District Administrative Judge Eric Wildman, which provided "only emergency matters and hearings will be conducted."
Fifth Judicial District Administrative Order
Residential/ Commercial: This applies to all eviction proceedings, so we assume it applies to both commercial and residential
Other Remedies: The Administrative Order does not appear to impact other remedies, it is limited only to the court functions in hearing evictions.
State, County, Municipality: Supreme Court Idaho
Overview: The Supreme Court of Idaho issued an order on March 13, 2020 providing for how the courts would proceed during this state of emergency, specifically that with the exception of emergency matters, child protection hearings, domestic violence hearings, and evidentiary hearings in criminal cases, all in person-appearances for civil and criminal dockets will be excused. It also provides that "with the exception of emergency matters and hearings statutorily or by Court Rule required to be held, small claims, eviction, juvenile, probate, traffic, and guardianship cases shall be continued."
Idaho Supreme Court Order 3-13-2020
Residential/ Commercial: Though it is unspecified in the order, the order applies to all evictions, so we assume that it applies to both commercial and residential evictions
Other Remedies: The Supreme Court's order does not appear to impact other remedies, it is limited only to court functions in hearing eviction matters.
State, County, Municipality: Cook County
Overview: Sheriff’s Office announced that all court-ordered evictions are put on hold; Order from Office of the Chief Judge suspending all evictions for 30 days as of March 14, 2020.
Cook County Administrative Order
Residential/ Commercial: Though it is unspecified in the order, the order applies to all evictions, so we assume that it applies to both commercial and residential evictions
Other Remedies: The announcement also provides "Please keep in mind that this suspension of enforcement may cause your eviction order to expire prior to being executed by the Cook County Sheriff's Office. Please review and comply with 735 ILCS 5/9-117 to ensure that all Eviction Orders remain enforceable." Otherwise the announcement appears to apply only to law enforcement functions.
State, County, Municipality: Kendall County
Overview: "No new orders for possession arising from an eviction or foreclosure proceeding will be enforced during the 30-day period."
Kendall County Order
Residential/ Commercial: Though it is unspecified in the order, the order applies to all evictions, so we assume that it applies to both commercial and residential evictions
Other Remedies: The order does not appear to impact other remedies; it is limited only to the actions of the court in hearing evictions
State, County, Municipality: Dekalb County
Overview: "No new orders for possession arising from an eviction or foreclosure proceeding will be enforced during the 30-day period."
Dekalb County Order
Residential/ Commercial: Though it is unspecified in the order, the order applies to all evictions, so we assume that it applies to both commercial and residential evictions
Other Remedies: The order does not appear to impact other remedies; it is limited only to the actions of the court in hearing evictions
State, County, Municipality: Statewide
Overview: Executive Order by Governor Pritzker issued on March 20, 2020: Pursuant to Illinois Emergency Management Agency Act, 20 ILCS 3305/7(2), (8), and (10), all state, county, and local law enforcement officers in the State of Illinois are instructed to cease enforcement of orders of eviction for residential premises for the duration of the Gubernatorial Disaster Proclamation."
Executive Order
Residential/ Commercial: Residential Only
Other Remedies: "No provision in this Executive Order shall be construed as relieving any individual of the obligation to pay rent, to make mortgage payments, or to comply with any other obligation that an individual may have under tenancy or mortgage."
State, County, Municipality: DuPage County
Overview: 18th Judicial Circuit Court issued the first Amendment to Administrative Order 20-8 under the exigent circumstances created by the Coronavirus (COVID-19) on March 16, 2020, which provided, in part: "Foreclosures and evictions shall be suspended until and including April 20, 2020." The order further provided that all matters in all divisions are rescheduled through April 17, 2020 and all matters "are continued for a period of 30-60 days from the originally scheduled court date." Any matters that have already been scheduled for trial/hearing "shall be rescheduled for status and setting."
1st Amendment to Administrative Order DuPage County
Residential/ Commercial: Though it is unspecified in the order, the order applies to all evictions, so we assume that it applies to both commercial and residential evictions
Other Remedies: The order does not appear to impact other remedies; it is limited only to the actions of the court in hearing evictions
State, County, Municipality: Lake County
Overview: The 19th Judicial Circuit court is also only hearing emergency matters, with cases continued until at least April 14 or later. The Sheriff's Office is also scaling back "non-essential responsibilities," including "Evictions."
Lake County Announcements
Residential/ Commercial: Though it is unspecified in the order, the order applies to all evictions, so we assume that it applies to both commercial and residential evictions
Other Remedies: The order does not appear to impact other remedies; it is limited only to the actions of the court in hearing evictions
State, County, Municipality: Statewide
Overview: "No eviction or foreclosure actions or proceedings involving residential real estate or property, whether rental or otherwise, may be initiated between the period from the date of this Executive Order until the state of emergency has terminated; and any applicable statute in connection therewith is hereby suspended for any such actions or proceedings as described above. In addition, and notwithstanding the foregoing, any applicable rule or regulation in connection therewith is hereby rescinded for any such actions or proceedings as described above for the duration of the state of emergency." The order also directs the Indiana Department of Financial Institutions, along with the Indiana Housing & Community Development Authority, to "immediately engage with financial institutions to identify any tools, means, or methods tha could be utilized to afford Hoosiers relief from the threat of residential foreclosure, and to otherwise promote housing stability during this state of emergency."
Indiana Executive Order 20-06
Residential/ Commercial: Residential only
Other Remedies: "No provision in this Executive Order shall be construed as relieving any individual of the obligation to pay rent, to make mortgage payments, or to comply with any other obligation that an individual may have under tenancy or mortgage."
State, County, Municipality: Statewide
Overview: The Governor of Iowa issued a proclamation stating in Section Two. "I temporarily suspend the regulatory provisions of Iowa Code [sections] 562A.27, 562B.25, and 648.1(2)-(6), allowing for the termination of a rental agreement by a landlord and the eviction of a tenant under the Iowa Uniform Residential Landlord and Tenant Act or the Manufactured Home Communities or Mobile Home Parks Residential Landlord and Tenant Act in certain circumstances." "This suspension does not apply to actions for forcible entry and detainer where the defendant has by force, intimidation, fraud, or stealth entered upon the prior actual possession of another in real property and detains the same, or any other emergency circumstances allowed by law. Suspension of these provisions shall apply during the duration of this Proclamation or any future extension of this suspension."
Link to Order
Residential/ Commercial: Residential only
Other Remedies: Order does not appear to impact other remedies.
State, County, Municipality: Statewide
Overview: In an updated proclamation, the Governor of Iowa declared that "I temporarily suspend the regulatory provisions of Iowa Code chapters 646, 654, 655A, and 656 allowing for the commencement of foreclosure proceedings, or the prosecution of ongoing foreclosure proceedings, on residential, commercial, and agricultural real property located in the State of Iowa.
Link to Source
Residential/ Commercial: Residential and Commercial
Other Remedies: No. In Section Two (A) the proclamation states that "Nothing in this section shall be construed as relieving any individual of their obligation to make mortgage payments, or to comply with any other obligation that an individual may have under a mortgage."
State, County, Municipality: Statewide
Overview: The Iowa Utility Board (IUB) extended the "winter moratorium," i.e. preventing electric or gas shut-off for certain perople, from April 1, 2020 to May 1, 2020. It states "[t]he winter moratorium, which normally prevents disconnection of eligible electric and natural gas customers between Novemner 1 and April 1, is extended until May 1, 2020, and applies to all 99 counties, which have been declared to be impacted by the public health emergency resulting from the global pandemic."
Link to Source
Residential/ Commercial: Presumably Residential only
Other Remedies: The Order is restricted to the disconnection of natural gas and electric customers who are eligible for low-income energy assistance.
State, County, Municipality: Statewide
Overview: In this Executive Order No. 20-10, the Governor of Kansas rescinded the earlier issued Executive Order No. 20-06 stating that "4. No bank or financial lending entity operating in Kansas shall foreclose on a residential property in Kansas when all defaults or violations of the mortgage are substantially caused by a financial harship resulting from the COVID-19 pandemic. (5) No landlords - whether individuals, companies, banks, financial lending entities, nursing homes, long-term facilities, or other entities - shall evict a residential tenant w hen all defaults or violations of the rental agreement are substantially caused by a financial harship resulting from the COVID-19 pandemic. (6) Any bank, financial lending entity, or landlord initiating judicial foreclosure or judicial eviction proceedings after the effective date of this order shall have the burden of pleading and proving that the foreclosure or eviction proceeidngs is not being initiated solely because of defaults or violations of mortgages or rental agreements substantially caused by a financial hardship resulting from the COVID-19 pandemic."
Link to Order
Residential/ Commercial: Presumably both
Other Remedies: Order does not prohibit (3) the continuation of any judicial foreclosure or judicial eviction proceedings filed before the effective date of this order; (4a) the provisions of paragraph 3 and paragraph 6 do not apply to foreclosures on multi-family residential properties in which residential tenants rent from a landlord, as long as the foreclosure will not result in the eviction of any tenants; (7) This order does not relieve mortgage borrowers or tenants who have not suffered a financial hardship resulting from the COVID-19 pandemic form the obligation to comply with mortgage or rental agreements or to continue making required mortgage or rent payments; (10) This order does not apply to forelosures intiated by the United States government; and (11) All other laws or regulations relating to foreclosures and landlord-tenant rights remain in effect.
State, County, Municipality: Statewide
Overview: By Executive Order 2020-257, The Governor of Kentucky issued an order stating that "Pursuant to the authority vested in me by KRS Chapter 39A, evictions within the Commonwealth are suspended, and all state, county, and local law enforcement officers in the Commonwealth are directed to cease enforcement of orders of eviction for residential premises for the duration of the State of Emergency under Executive Order 2020-215. No provision contained within this Order shall be construed as relieving any individual of the obligation to pay rent, to make mortgage payments, or to comply with any other obligation that an individual may have under tenancy or mortgage."
Link to Order
Residential/ Commercial: Residential
Other Remedies: Order does not impact other remedies
State, County, Municipality: Statewide
Overview: The Supreme Court of Kentucky "by Section 116 of the Constitution of the Commonwealth and Supreme Court Rule 1.010 ordered from March 16 to April 10, 2020 that with the exception of emergency matters and hearings statutorily required to be held, small claims, eviction, juvenile, probate, traffic, and guardianship cases shall be continued."
Link to Order
Residential/ Commercial: Presumably both
Other Remedies: Order does not appear to impact other remedies.
State, County, Municipality: Statewide
Overview: The Governor of Louisiana by proclamation stated in Section 5 that "(A). Legal deadlines, including liberative prescription and preemptive periods applicable to legal proceedings in all courts, administrative agencies, and boards, are hereby suspended until at least Monday, April 13, 2020, including, but not limited to, any such deadlines set forth by law within - Louisiana Civil Code, Louisiana Code of Civil Procedure, Title 9 of Louisiana Revised Statutes, Courts and Judicial Procedure." "(B). In addition, all other deadlines in legal proceedings in all courts, administrative agencies, and boards shall be suspended until Monday, April 13, 2020." "(D). Paragraph B of this Section shall not be interpreted so as to prohibit an owner of immovable property from reclaiming leased property if abandoned as provided by law or entering leased property to make necessary repairs as provided by law."
Link to Order
Residential/ Commercial: Presumably both
Other Remedies: Order does not appear to impact other remedies.
State, County, Municipality: Civil District Court and First and Second City Court
Overview: "The following emergency court procedures, effective March 17, 2020, will be in place: (4) First and Second City Court have suspended all evictions hearings from the date of this order until April 13, 2020."
Link to Order
Residential/ Commercial: Presumably both
Other Remedies: Order does not appear to impact other remedies.
State, County, Municipality: Statewide
Overview: Louisiana Public Service Commission stated that "[a]s of the date of this Executive Order, all Public Utilities subject to the jurisdiction of the Commission are prohibited from disconnecting customers for non-payment of utility bills statewide, irrespective of whether the utility has followed the disconnection protocol outlined in the General Orders dated July 12, 1976 and October 11, 2019.
Link to Source
Residential/ Commercial: Presumably both
Other Remedies: "This Executive Order shall not affect a utility's ability to disconnect a customer's service for public safety concerns unrelated to non-payment of services."
State, County, Municipality: Statewide
Overview: Maine Judicial Supreme Court - "Effective immediately, and continuing through May 1, 2020, unless otherwise ordered by the court, the following case types and proceedings, will NOT be scheduled or heard: FED (Eviction, landlord/tenant) … Foreclosures."
Link to Order
Residential/ Commercial: Presumably both
Other Remedies: Order does not appear to impact other remedies.
State, County, Municipality: Statewide
Overview: Maine Superior and District Court issued emergency order stating that until further order of court, 49 days are added to the unexpired deadline established by court order or court rule, but does not extend statutory deadlines or limitations.
State, County, Municipality: Statewide
Overview: Maine Public Utilities Commission directed that all electric transmission and distribution utilities, natural gas utilities, water utilities, and telephone Providers of Last Resort (POLR) service not engage in any disconnection activity until further notice.
Maine PUC
Residential/ Commercial: Presumably both
Other Remedies: Directive does not appear to impact other remedies.
State, County, Municipality: Statewide
Overview: The Governor of Maryland issued an amended order (from the earlier March 16, 2020 order) and directs as follows: “IV. No Initiation of Residential Foreclosures. The Commissioner is hereby ordered to suspend the operation of the Commissioner’s Notice of Intent to Foreclose Electronic System, and to discontinue acceptance of Notices of Intent to Foreclose until the state of emergency is terminated and the catastrophic health emergency is rescinded. V. Prohibition on Residential and Commercial Evictions. a. Until the state of emergency is terminated and the catastrophic health emergency is rescinded, the effect of RP § 8-401 is hereby suspended as follows: i. No court shall give any judgment for possession or repossession, or warrant for restitution of possession or repossession of residential, commercial, or industrial real property, if the tenant can demonstrate to the court, through documentation or other objectively verifiable means, that the tenant suffered a Substantial Loss of Income. b. Until the state of emergency is terminated and the catastrophic health emergency is rescinded, the effect of RP § 8-402.1 is hereby suspended as follows: i. No court shall give any judgment for possession or repossession, or warrant for restitution of possession or repossession of residential, commercial, or industrial real property, if the tenant can demonstrate to the court, through documentation or other objectively verifiable means, that the tenant suffered a Substantial Loss of Income. ii. The fact that the tenant, or any person permissibly cohabiting with the tenant in accordance with the terms of the lease, has a confirmed diagnosis of COVID-19 or is under investigation for COVID-19, shall not constitute a “clear and imminent danger” for purposes of RP § 8-402.1(a)(1)(i)2.A.
Link to Order
Residential/ Commercial: Residential and Commercial
Other Remedies: To the extent any statute, rule or regulation of the State of Maryland or any political subdivision would permit a Creditor to repossess any automobile, truck, or Chattel Home by self-help (including, without limitation, CL §§ 9-609, 12-115, 12-624, 12-1021, or 14-2008), such statute, rule, or regulation is hereby suspended until the state of emergency is terminated and the catastrophic health emergency is rescinded. However, “[n]o provision of this Order shall be construed as relieving any person or entity of any obligation to make payments or to comply with any other obligation that such person or entity may have pursuant to a note, loan agreement, or lease.“
State, County, Municipality: Statewide
Overview: The Court of Appeals of Maryland by Administrative Order directed as follows: (1) Those foreclosures of residential properties and foreclosures of the rights of redemption of residential properties pending in the circuit courts shall be stayed effective immediately; and (2) Residential eviction matters pending in the District Court of Maryland and all pending residential eviction orders shall be stayed effective immediately; and (3) New foreclosure of residential property, foreclosure of rights and redemption after a tax sale, and residential evictions shall be stayed upon filing...."
Link to Order
Residential/ Commercial: Residential only.
Other Remedies: Order does not appear to impact other remedies.
State, County, Municipality: Baltimore County
Overview: The Baltimore County Government published that "[a]t the County Executive's request, Sheriff R. Jay Fisher has agreed to suspend all evictions for the duration of the state of emergency in the County."
Baltimore County Government
Residential/ Commercial: Presumably both
Other Remedies: Report does not appear to impact othre remedies.
State, County, Municipality: Montgomery County
Overview: The Administrative Judge of the Sixth District Court of Maryland for Montgomery County ordered on March 12, 2020 that "all eviction orders in Montgomery County are STAYED for an initial period of 15 days, subject to renewal in 15-day increments, until further notice from this Court."
Link to Order
Residential/ Commercial: Presumably both
Other Remedies: Order does not appear to impact other remedies.
State, County, Municipality: Statewide
Overview: "No electric, gas, sewage disposal, telegraph, telephone, water, or cable television company, or internet service provider, or any company providing a combination of such services (a "Residential Service Company"), shall terminate the service of a customer if the service is used, in whole or in part, in a dwelling unit or residence." "A Residential Service Company shall not bill or collect, on an account that serves a dwelling unit or residence, any fee or charge imposed for a late or otherwise untimely payment that becomes due from the date of this Order."
Link to Order
Residential/ Commercial: Presumably Residential only
Other Remedies: Order restricted to ability to cut-off utility services for nonpayment
State, County, Municipality: Statewide
Overview: The Trial Court of Massachusett's Housing Court Department issued Standing Order 2-20, that, Effective immediately, all non-emergency court events, including but not limited to, summary process cases, small claims matters, civil matters, ticket appeals, supplementary process proceedings, probable cause hearings, and criminal matters, shall be scheduled for, or continued to, a date no earlier than April 21, 2020. A party may seek to advance its court event, upon filing a motion and by making a showing of good cause. Where practical, such motion shall be electronically filed (“eFiled”) through the eFiling system.
Link to Order
Residential/ Commercial: Presumably both
Other Remedies: Order does not appear to impact other remedies.
State, County, Municipality: Statewide
Overview: In a supplement to the initial Standing Order, the Chief Justice of the Housing Court Department directed that, "All Housing Court divisions shall remain open during regular business hours and, at least until April 6, 2020, shall hear only emergency matters. Where appropriate, such matters shall be heard telephonically or through video conferencing. “Emergency matters” in the Housing Court include the following circumstances: applications for injunctive relief, temporary restraining orders where a complaint involves a lockout, condemnation, no heat,
no water, and/or no utilities; conduct and or conditions endangering the health safety and welfare of residential occupants and others; stay of levy on an execution; or where access is required to address an emergency (e.g., burst water pipe, gas fumes, etc.). Where appropriate, the Clerk-Magistrate of each division, in consultation with the respective First Justice, shall otherwise have the discretion to determine whether a matter is an “emergency” and merits immediate hearing. Where possible, all attorneys and litigants shall provide the Clerk’s Office with their respective contact information, including an email address and telephone number."
Link to Source
Residential/ Commercial: Presumably both
Other Remedies: Order does not appear to impact other remedies
State, County, Municipality: Statewide (Proposed Legislation)
Overview: Bill HD. 4935 is "An Act Providing For A Moratorium on Evictions and Foreclosures During the COVID-19 Emergency." Violation of any section shall be punishable by a fine of $5,000 or 6 months imprisonment in a county jail, or by both.
Bill HD.4935
Residential/ Commercial: Residential only
Other Remedies: Proposed legislation impacts other remedies as they relate to foreclosures such as power of sale or right of entry
State, County, Municipality: City of Somerville
Overview: The Mayor of Somerville by order declared that: "No landlord and/or owner shall access or seek to access a tenant’s dwelling space for purposes such as general inspections, displaying units to potential future tenants and other non-critical activities. A landlord may only access a tenant’s dwelling space to make repairs requested by the tenant, repairs required as a matter of law, or to respond to a life threatening emergency. A tenant may refuse access or entry for non-critical purposes or when adequate social distancing arrangements (at a minimum of six feet) have not been made."
City of Sommerville Announcement (with Order)
Residential/ Commercial: Residential and Commerical
Other Remedies: Order restricts Landlord's right to access a tenant's dwelling place for inspection.
State, County, Municipality: City of Lawrence
Overview: Mayor Daniel Rivera announces today, the unanimous enactment of an emergency resolution calling for a sixty (60) day moratorium on rent and mortgage payments for Lawrence residents who experience an interruption of pay due to Coronavirus (COVID-19) and resulting school or business closures.
City of Lawrence Press Release
Residential/ Commercial: Presumably both
Other Remedies: This Emergency Resolution does not appear to impact other remedies.
State, County, Municipality: Statewide
Overview: The Department of Public Utilities requested the "extension of the Moratorium for all residential ratepayers until the state of emergency in the Commonwealth of Massachusetts is lifted or you receive further communication from the Department, whichever comes first."
Massachusetts PUC
Residential/ Commercial: Presumably Residential and Commercial
Other Remedies: Order restricted to ability to cut-off utility services for nonpayment
State, County, Municipality: Statewide
Overview: The Department of Public Utilities issued an Order to investor-owned utility companies that "Until the state of emergency in the Commonwealth of Massachusetts related to COVID-19 is lifted or you receive further communication from the Department, whichever comes first, the Companies shall not shut off gas, electric, or water service to any of their customers for failure to pay a bill or any portion of a bill the Companies issued to a customer." "Until the state of emergency in the Commonwealth of Massachusetts related to COVID-19 is lifted or you receive further communication from the Department, whichever comes first, the Companies shall not send communications that threaten to shut off gas, electric, or water service to any
of their customers for failure to pay a bill or any portion of a bill the Companies issued to a customer."
Link to Source
Residential/ Commercial: Presumably both
Other Remedies: Order restricted to ability to cut-off utility services for nonpayment
State, County, Municipality: Statewide
Overview: "[N]o person shall remove or exclude from leased residential premises or residential premises held under a forfeited executory contract a tenant, a vendee of a forfeited executory contract, or a person holding under a tenant or vendee, except when the tenant, vendee, or person holding under them poses a substantial risk to another person or an imminent and severe risk to property. This order should be broadly construed to effectuate that purpose. This section is effective immediately and continues until April 17, 2020 at 11:59 pm . . . Nothing in this order shall be construed to abrogate the obligation to pay or right to receive payment due under a lease . . . . Until thirty (30) days after the restrictions on eviction provided by sections 1 through 6 expire, any statutory limits on the court of this state to adjourn any proceedings, toll any redemption periods or limitations periods, or extend any deadlines are suspended."
Link to Order
Residential/ Commercial: Residential only.
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Detroit
Overview: 36th District Court Chief Judge issued an order placing a moratorium on evictions “until this threat has passed.” Link to official order cannot be found.
Link to Order
Residential/ Commercial: Both
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Statewide
Overview: The Governor of Minnesota ordered that "Beginning no later than March 24, 2020 at 5:00 pm, and continuing for the duration of the peacetime emergency declared in Executive Order 20-01 or until this Executive Order is rescinded, for property owners, mortgage holders, or other persons entitled to recover residential premises after March 1, 2020 because a household remains in the property after a notice of termination of lease, after the termination of the redemption period for a residential foreclosure, after a residential lease has been breached, or after nonpayment of rent, the ability to file an eviction action under Minnesota Statutes 2019, section 504B.285 or 504B.291 is suspended . . . Nothing in this Executive Order relieves a tenant’s obligation to pay rent. . . ."
"[A]ll officers who hold a writ of recovery of premises and order to vacate must cease executing such writs as required by Minnesota Statutes . . . with the exception of writs of recovery designated as a priority execution under Minnesota Statutes 2019, section 504B.365, subdivision 2, for any order to vacate that is based on an eviction under Minnesota Statutes 2019, section 504B.171 . . ."
"Financial institutions holding home mortgages are requested to implement an immediate moratorium on all pending and future foreclosures and related evictions when the foreclosure or foreclosure-related eviction arises out of a substantial decrease in income or substantial out of pocket medical expenses caused by the COVID-19 pandemic, or any local, state or federal governmental response to COVID-19. Financial institutions are also strongly urged not to impose late fees or other penalties for late mortgage payments related to the COVID-19 pandemic. "
"[A] person who willfully violates . . . this Executive Order is guilty of a misdemeanor and upon conviction must be punished by a fine not to exceed $1,000, or by imprisonment for not more than 90 days."
Emergency Executive Order 20-14
Other Remedies: Residential
Other Remedies: The order also stops the execution of writs of recovery where sheriff’s deputies order tenants to move out of their apartments or be forcibly removed.
State, County, Municipality: Statewide
Overview: Governor Reeves issued a statewide shelter in place order that states, in part, “Pursuant to Miss. Code. Ann. §§ 33-15-11(c)(1) and 33-15-11(c)(4), evictions within the State of Mississippi are suspended, and all state, county and local law enforcement officers are directed to cease enforcement of orders of eviction for residential premises during this Shelter in Place Order. No Provision contained within this Executive Order shall be construed as relieving any individual of the obligation to pay rent, to make mortgage payments, or to comply with any other obligation that an individual may have under tenancy or mortgage.”
Link to Order
Residential/ Commercial: Residential
Other Remedies: No apparent impact or limitation on other remedies
State, County, Municipality: Tupelo
Overview: Until further order, no landlord shall act to evict a tenant in either of the following situations: (1) for the nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to financial impacts related to COVID-19, and
the landlord has knowledge that the tenant's inability to pay rent is due to financial hardship caused by the COVID-19 pandemic, or (2) for a no-fault eviction unless necessary for the health and safety of tenants, neighbors, or the landlord. For the purposes of this executive order, the landlord has knowledge of a tenant's inability to pay rent due to financial hardship caused by COVID-19 when the tenant notifies the landlord in writing within 30-days after the rent is due that
the tenant has been financially impacted by the COVID-19 pandemic. For the purposes of this executive order, a tenant is financially impacted by the COVID-19 pandemic including but not limited to any of the following situations: (1) being sick with COVID-19, or caring for a household or family
member that is sick with COVID-19; (2) lay-off, loss of hours, or other income reduction resulting from business closure or other economic employer impacts of COVID-19; (3) compliance with a recommendation from a government health authority to stay home, self-quarantine, or avoid congregating with others during the state-of-emergency; (4) extraordinary out-of-pocket medical expenses; or (5) child-care needs arising from school closures related to COVID-19. For the purposes of this executive order, a landlord shall not evict based on health and safety if the health and/or safety concern arises from a tenant's sickness due to COVID-19. Nothing in this Order shall relieve the tenant of liability for the unpaid rent, which the landlord may seek after expiration of the local emergency. A landlord may not charge or collect a late fee for rent that is delayed for the reasons stated in this Order.
City of Tupelo Mayor's Executive Orders
Residential/ Commercial: Presumably applies to both. Applies to "all eviction…proceedings" and "all foreclosure sales"
Other Remedies: Tenant's may still be liable for rent following the emergency period but may not be assessed a late fee for delayed payment of rent for the reasons specified in the order
State, County, Municipality: Statewide (Supreme Court)
Overview: The Missouri Supreme Court issued an order siginficantly limiting the courts operations to essential proceddings. The Order "suspends all in-person proceedings in all appellate and circuit courts – including all associate, family, juvenile, municipal, and probate divisions." The Order has been interpretted broadly to include eviciton proceedings as a type of non-essential proceedings that is suspended.
Link to Order
Residential/ Commercial: Presumably both
Other Remedies: Only legal proceedings in court are suspended. Eviction cases may still be filed. No apparent impact or limitation on other remedies.
State, County, Municipality: Jackson County (Kansas City)
Overview: "The Court Clerk is directed to delay issuing writs of restitution, writs of replevin, writs of attachment and any other writs of execution up through and including April 18, 2020, and the Director of Civil Process is directed to refrain from executing any pending writs of restitution, writs of replevin, writs of attachment and any other writs of execution up through and including that same date."
Link to Order
Residential/ Commercial: Both
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: St. Louis
Overview: On March 16, 2020, St. Louis Mayor Lyda Krewson tweeted that, in consultation with the St. Louis Housing Authority and the Sheriff, there would be "a moratorium on evictions . . . until further notice to ensure individuals can maintain access to housing during the #COVID19 outbreak." No formal orders have been located. However, the Circuit Court followed up with an order: "The Circuit Clerk is hereby directed to delay issuing writs of restitution, attachment, execution and replevin (including writs for evictions) up through and including April 19, 2020, and the Department of Civil Process is directed to refrain from executing any pending writs of restitution, attachment, execution and replevin (including writs for evictions) up through and including the same date."
Link to Order
Residential/ Commercial: Both
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Greene County
Overview: Judge Cordonnier for the Thirty-First Judicial Circuit ordered that "The Greene County Clerk is directed to delay issuing writs of restitution, writs of replevin, writs of attachment, and any other writs of execution up through and including April 18, 2020, and the Greene County Sheriff is directed to refrain from serving or executing any pending writs of restitution, writs of replevin, writs of attachment and any other writs of execution up through and including that same date."
Administrative Order No. 15P-20
Residential/ Commercial: Presumably both
Other Remedies: No apparent impact or limitation on other remedies Judge Cordonnier stated in an interview that "[t]ere’s nothing about the court that could prevent a landlord from going to a tenant who’s not paying rent and asking them to leave."
State, County, Municipality: Thirteenth Judicial Circuit (Boone and Callaway counties)
Overview: "all evictions in the 13th Circuit are hereby suspended by operation of this Administrative Order up through and including April 17, 2020."
COVID-19 Order 2
Residential/ Commercial: Both
Other Remedies: Circuit Clerk is also directed to delay issuing writs of restitution, attachment, execution and replevin (including writs for evictions).
State, County, Municipality: Statewide
Overview: Governor Steve Bullock issued a directive stating, "For the duration of this Directive and except as provided herein, there shall be no actions for termination of a tenancy, possession, unlawful holdover, or rent involving a residential dwelling tenancy. No writ, judgment, or order requiring a tenant or authorized guest to surrender or vacate the premises shall be enforced. I request the courts of this State to stay all currently pending actions, related to the above, for the duration of this Directive. . . . [N]o landlord may: terminate a tenancy or refuse to renew or extend the terms of a residential dwelling tenancy on at least a month-to-month basis; charge or accrue late fees, interest, or other charges, penalties, or amounts due because of nonpayment of rent for the duration of this Directive; increase the amount of rent payable under the terms of a rental agreement (except previously agreed increases or reasonable increases reflecting the size of the unit, number of tenants or guests, or services provided by the landlord); request the suspension or termination of any utilities provided to the tenant based upon nonpayment of utilities, rents, or other amounts due under the rental agreement; or report a residential tenant to a credit bureau for nonpayment of a financial obligation. No landlord may at any time seek or collect treble damages based on the failure of a tenant or authorized guest to vacate the premises for the duration of this Directive. This Directive does not relieve the obligation of a tenant to pay rent or the obligations of landlords and tenants to comply with any other conditions of the tenancy. . . No default judgment may be entered against a defendant in an action for termination, possession, unlawful holdover, or rent for the duration of this Directive . . .This Directive is effective immediately and is in effect through April 10, 2020"
Link to Directive
Residential/ Commercial: Residential. The directive does not apply to "Property rented for commercial business use."
Other Remedies: The order prohibits landlords from imposing fees or other penalties due to late or nonpayment of rent during the stay at home order and pauses residential foreclosures due to nonpayment during the duration of the stay-at-home directive
State, County, Municipality: Statewide
Overview: "The right of a residential landlord to proceed to trial in an eviction to terminate a rental agreement for unpaid rent that accrues on or after March 13, 2020….is deferred from the date of this order until May 13, 2020, if tenant can demonstrate to the landlord, with documentation or other objective evidence, that the tenant: suffered a substantial loss of income from COVID-19...or missed work to care for a relative or child due to notice from a school"
Nebraska Governor's Executive Order no. 20-07
Residential/ Commercial: Residential
Other Remedies: All other rights or landlords and tenants remain intact except for the requirement that trial of possession actions for unpaid rent be held 10-14 days after the issuance of a summons are waived during the pendency of the order.
State, County, Municipality: Omaha Housing Authority
Overview: On March 21, 2020, the Omaha Housing Authority announced that it would temporarily stop bringing eviction proceedings against tenants. No formal order has been located.
Omaha World-Herald
Residential/ Commercial: Residential
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Statewide
Overview: SECTION 1: No lockout, notice to vacate, notice to pay or quit, eviction, foreclosure action, or
other proceeding involving residential or commercial real estate based upon a tenant or mortgagee's default of any contractual obligations imposed by a rental agreement or mortgage may be initiated under any provision of Nevada law effective March 29, 2020, at 11:59 p.m., until the state of emergency under the March 12, 2020 Declaration of Emergency terminates, expires, or this Directive is rescinded by order of the Governor. This provision does not prohibit the eviction of persons who seriously endanger the public or other residents, engage in criminal activity, or cause significant damage to the property.
SECTION 2: That an individual has tested positive for COVID-19 or has been potentially exposed to the novel coronavirus that causes COVID-19 does not serve as a basis for establishing that a tenant or resident seriously endangered the safety of others.
SECTION 3: No provision contained in this Directive shall be construed as relieving any party of their contractual obligations to pay rent, make mortgage payments, or comply with any other obligations imposed on parties by a lease, rental agreement, or mortgage. Landlords and lenders, however, shall be prohibited from charging any late fees or penalties for any nonpayment under the terms of a lease, rental agreement, or mortgage that occurs between the date of this Directive and the termination or expiration of the March 12, 2020 Declaration of Emergency or the date on which this Directive is rescinded by order of the Governor.
SECTION 4: No provision contained in this directive shall be construed to prohibit the
continuation of any eviction or foreclosure action or proceeding predating the March 12, 2020 Declaration of Emergency.
SECTION 5: Eviction of foreclosure actions currently being adjudicated by a court shall be
stayed until the state of emergency declared on March 12, 2020 terminates or expires. This limitation shall not include current eviction or foreclosure proceedings stemming from threats by a tenant or resident to public health or safety, criminal activity, or significant damage to the property.
SECTION 6: To the extent any agencies providing rental assistance to tenants in Nevada ordinarily require the tenant to provide a seven-day eviction notice issued under NRS 40.253(1) as a prerequisite to obtaining rental assistance, a landlord's or property manager's written notice of nonpayment of rent establishing the
delinquency in payment shall be considered as a substitute for the notice of eviction in determining an individual's eligibility for rental assistance while this Directive remains in effect.
SECTION 7: After the termination or expiration of the March 12, 2020 Declaration of Emergency relating to the COVID-19 pandemic, and abatement of the financial hardships created by the COVID-19 pandemic, borrowers, lenders, tenants, and landlords are encouraged to negotiate payment plans or other agreements within 30 days of the termination of this Directive to allow borrowers and tenants to cure any defaults or missed payments resulting from a financial hardship resulting from the COVID-19 pandemic.
SECTION 8: This Directive shall remain in effect until the state of emergency declared on March 12, 2020 is terminated or unless renewed by a subsequent Directive promulgated pursuant to the March 12, 2020 Declaration of Emergency to facilitate the State's response to the COVID-19 pandemic.
Link to Proclamation
Residential/ Commercial: Both
Other Remedies: Landlords and lenders prohibited from charging late fees or penalties for nonpayment.
State, County, Municipality: Carson City
Overview: “The Carson City Justice/Municipal Court has suspended all eviction proceedings until further order of the court.”
Link to Media Release
Residential/ Commercial: Both
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Henderson
Overview: “Per Nevada Supreme Court directive, effective March 17, 2020, all deadline and default provisions contained in NRS Chapter 40 concerning eviction and unlawful detainer proceedings are suspended and stayed until further notice.”
Link to Order
Residential/ Commercial: Both
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Reno
Overview: "Effective immediately, all deadlines and default provisions contained in NRS Chapter 40 concerning eviction and unlawful detainer proceedings are suspended and stayed. Accordingly, no lockout order will be granted by default for this period of suspension."
Link to Order
Residential/ Commercial: Both
Other Remedies: All deadlines and default provisions are stayed and tolled.
State, County, Municipality: Las Vegas
Overview: "Effective March 17, 2020, all deadline and default provisions contained in NRS Chapter 40 concerning eviction and unlawful detainer proceedings are suspended and stayed."
Link to Order
Residential/ Commercial: Both
Other Remedies: All deadlines and default provisions are stayed and tolled.
State, County, Municipality: Sparks
Overview: "1. All unlawful detainer and eviction actions shall be set out at least 30 days. 2. The default and deadline provisions in NRS Chapter 40 respecting unlawful detainer and eviction proceedings shall be suspended and stayed for at least 30 days."
Link to Order
Residential/ Commercial: Both
Other Remedies: All deadlines and default provisions are stayed and tolled.
State, County, Municipality: Washoe County
Overview: "1. All unlawful detainer and eviction actions shall be set out at least 30 days. 2. The default and deadline provisions in NRS Chapter 40 respecting unlawful detainer and eviction proceedings shall be suspended and stayed for at least 30 days."
Link to Order
Residential/ Commercial: Both
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Statewide
Overview: Governor Sununu signed Emergency Order 4 on March 17, 2020, ordering that "No owner of non-restricted property or restricted property, as those terms are defined in RSA 540:1-a, may initiate eviction proceedings under RSA 540 during the State of Emergency declared in Executive Order 2020-04 and no eviction order shall be issued or enforced during the State of Emergency declared in Executive Order 2020-04." The order goes on to state that "All applicable provisions of RSA 540 or any law, rule or other regulation which would allow for the initiation of eviction proceedings or the issuance of an eviction order are hereby suspended for the duration of the [State of Emergency]."
New Hampshire Emergency Order 4
Residential/ Commercial: Both - "Nonrestricted property" is defined in the NH Statute as "all real property rented for nonresidential purposes and the following real property rented for residential purposes: single-family houses…rental units in an owner-occupied building…single family houses acquired by banks or other mortgagees through foreclosure." Restricted property means all real property rented for residential purposes except those properties listed in the non-restricted property provision.
Other Remedies: "No provision in this Order shall be construed as relieving an individual of their obligations to pay rent, make mortgage payments, or any other obligation which an individual may have under a tenancy or mortgage."
State, County, Municipality: Newark
Overview: Newark Mayor signed an executive order placing a moratorium on rent evictions. Moratorium applies to anyone directly or indirectly affected by a quarantine order. Sheriff’s Office will not be carrying out eviction orders indefinitely. *The text of the order is not available online as of 3/23/2020.
NJ.com
Residential/ Commercial: Residential
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Essex County
Overview: Th Essex County Sherrif's office will not execute evictions and suspended foreclosure salse indefinitely due to concerns over the COVID-19 Pandemic.
Essex Sheriff's Office Suspends Evictions
Residential/ Commercial: Both; applies to "all evictions."
Other Remedies: No apparent impact or limitation on other remedies; this announcement only applies to enforcement.
State, County, Municipality: Statewide
Overview: Governor Murphy signed an executive order on March 19 placing a moratorium on residential tenant evictions and foreclosure evictions. The order provides: "Any lessee, tenant, homeowner or any other person shall not be removed from a residential property as the result of an eviction or foreclosure proceeding...While eviction and foreclosure proceedings may be initiated or continued during the time this Order is in effect, enforcement of all judgments for possession, warrants of removal, and writs of possession shall be stayed while this Order is in effect, unless the court determines on its own motion or motion of the parties that enforcement is necessary in the interest of justice. This Order does not affect any schedule of rent that is due." Sheriffs and court officers "shall refrain from acting to remove individuals from residential properties through the eviction or foreclosure processes during the time this Order is in effect, unless the court determines on its own motion or motion of the parties that enforcement is necessary in the interest of justice." The order defines "residential property" as "any property rented or owned for residential purposes, including, but not limited to, any house, building, mobile home or land in a mobile home park, or tenement leased for residential purposes, but shall not include any hotel, motel, or other guest house, or part thereof, rented to a transient guest or seasonal tenant, or a residential health care facility." The order will remain in effect for two months following the end of the Public Health Emergency or State of Emergency established by EO 103, whichever ends later, unless the Governor modifies it in a subsequent executive order.
Executive Order 106
Residential/ Commercial: Residential Only
Other Remedies: Eviction/foreclosure proceedings can be initiated, but enforcement of judgments for possession, warrants of removal, and writs of possession shall be stayed while the Order is in effect. The Order also leaves open the prospect that a court may order eviction necessary in the interest of justice.
State, County, Municipality: Statewide
Overview: On March 24, 2020, the state Supreme Court ordered a temporary moratorium on evictions for "inability to pay rent during the COVID-19 public health emergency." The order states that "effective for all writs of restitution issued on or after March 24, 2020, judges presiding in eviction proceedings arising under the Uniform Owner-Resident Relations Act shall stay the execution of writs of restitution issued for nnon-payment of rent only under NMSA 1978, Section 47-8-46(A) (1995), in accordance with the terms of this order." The order also stated that "to stay the execution of a write of restitution for nonpayment of rent, the judge presiding in the case must be satisfied that the resident has demonstrated by a preponderance of the evidence a current inability to pay the monthly rent established by the rental agreement."
NM Supreme Court's Order
Residential/ Commercial: Residential
Other Remedies: Under the Court's order, judges will stay the execution of writs of restitution that property owners can obtain and give to law enforcement to force the removal or a tenant." There appears to be no impact on any other remedies.
State, County, Municipality: Santé Fe
Overview: The Mayor of Santé Fe announced an eviction freeze on March 18, 2020. The text of the actual amendment to the Mayor's Emergency Proclamation is unavailable online, but the Santa Fe website provides a Q&A, which states that "The Mayor is prohibiting the eviction of residential and commercial property tenants who, because of the public health emergency, are unable to pay rent on time." It further provides, "This order is only related to inability to pay due to the public health emergency. Eviction for any other reason is not impacted.... Rent owed is not waived, nor is the pause on evictions a non-billable grace period. During the delay, rent charges will continue to accrue and be owed. Tenants should work with their landlord to make payment arrangements."
*This proposed order will go before the Santa Fe governing body on 3/25/2020, when it is approved it will be added as an amendment to the Emergency Proclamation.
Residential/ Commercial: Both
Other Remedies: According to the Santa Fe website, "This order does not prohibit eviction, but allows the parties to pursue other options, such as payment plans or alternative housing arrangement. It may simply delay the eviction.
State, County, Municipality: Bernalillo County (Most populous county; includes Albuquerque)
Overview: Bernalillo County Housing announced on March 20, 2020 that it would not evict residents for late rent payments for people with reduced incomes who cannot pay rent in the wake of COVID-19 shutdowns.
*The order itself is not available on the Bernalillo County website as of 3/23/2020, but it will be added when it is uploaded
Residential/ Commercial: Residential Only
Other Remedies: There appears to be no impact on other remedies as a result of this order, it only applies to the Housing Authority in enforcing evictions.
State, County, Municipality: Borough of Brooklyn / Kings County
Overview: President of the Borough of Brooklyn called for a moratorium of 90 days on rent payments (rent abatement)
Brooklyn County Announcement
Residential/ Commercial: Residential Only
Other Remedies: This moratorium has not gone into effect, but it appears that the President of the Borough has only generally called for such a rent abatement.
State, County, Municipality: Nassau County
Overview: Laura Curran, Nassau County Executive, ordered on March 13, 202 that "enforcement of all eviction proceedings by the Nassau County Sheriff Department pursuant to Section 2004-1 of the Nassau County Charter are hereby stayed until further notice."
Nassau County Local Emergency Order No. 1
Residential/ Commercial: Both
Other Remedies: Order does not appear to impact other remedies.
(Limited to law enforcement officers in OR and service/acting on an order or writ termination of tenancy “or the equivalent.”)
State, County, Municipality: Statewide
Overview: New York State Department of Financial Services promulgated a regulation to clarify the executive order, which explains that forbearance of mortgage payments is for a period of 90 days and only applies to residential mortgages on property located in New York State. The directive only applies to lenders licensed or regulated by the Department of Financial Services. It provides, "(a) Pursuant to Executive Order 202.9 and for the duration specified therein, which may be extended, New York regulated institutions are required to, in addition to adhering to the servicing requirements of Part 419, (i) make applications for forbearance of any payment due on a residential mortgage of a property located in New York, widely available to any individual who resides in New York and who demonstrates financial hardship as a result of the COVID-19 pandemic; and (ii) subject to the safety and soundness requirements of the regulated institution, grant such forbearance for a period of ninety (90) days to any such individual." The regulation adds: "For the sake of clarity, this regulation does not apply to any commercial mortgage or any other loans not described herein."
NY DFS Regulation re Cuomo's Executive Order 202.9
Residential/ Commercial: Residential only
Other Remedies: The regulation clarifies that pursuant to the terms of the Executive Order, "Section 39 of the Banking Law was modified to provide that it shall be an unsafe and unsound business practice if, in response to the COVID-19 pandemic, any regulated institution shall not grant a forbearance of any payment due on a residential mortgage for a period of ninety (90) days to any individual who has applied for such a forbearance and demonstrated a financial hardship as a result of the COVID-19 pandemic." In assessing whether an instution has engaged in an unsafe or unsound practice, DFS will consider: "the adequacy of the process established by the regulated institution to process such forbearance applications, the thoroughness of the review afforded to the application, the payment history, creditworthiness, and the financial resources of the borrower, the application of any state and federal laws or regulations that would prohibit the grant of a forbearance, as well as the safety and soundness requirements of the regulated institution."
State, County, Municipality: Statewide
Overview: Governor Cuomo executed an Executive Order on March 20, 2020 which provides "There shall be no enforcement of either an eviction of any tenant residential or commercial, or a foreclosure of any residential or commercial property for a period of ninety days."
NY Governor Executive Order 3.20.2020
Residential/ Commercial: Both
Other Remedies: Banks will waive 90 days’ worth of mortgage payments and are suspending or postponing foreclosures; Cuomo added that "the payments won't be exempted or wiped way, but rather adjusted and moved to the back end of loans."
State, County, Municipality: Statewide
Overview: There is no official order from an executive authority or from a court halting evictions, but the North Carolina governor provided further guidance on March 31, 2020 regarding eviction proceedings by order: “pursuant to the Chief Justice’s orders referenced above, there should be no new eviction proceedings until the orders expire.” The expiration date on Chief Justice Cheri Beasley’s order (see below) is April 17, 2020. The order further states that the Clerks of the Superior Court may, in their discretion, “delay, until regular court operations resume, issuing Writs of Possession for Real Property, which are the legal documents under which sheriff’s perform evictions.” The order “strongly encourage[s]” all Clerks of Superior Court “to follow the spirit” of the Chief Justice’s Order, and hold off on issuing writs of possession until April 17, 2020.
Finally, the order “strongly encourage[s]” property owners to work with tenants to “implement payment plans and avoid evictions…including cancelling pending evictions by notifying the relevant Sheriff’s Office.” It also encourages “all lenders to work with property owners…to provide loan payment flexibility that enables property owners to avoid evictions of tenants.”
The next section covers “mortgage servicing entities,” and provides that those entities are urged to take the following reasonable and prudent actions to support those adversely impacted mortgagors: “1. Forbear mortgage payments for at least 180 days from their due dates and give mortgagors the option to extent loan terms by that number of days without a lump sum payment due at the end of the forbearance period. 2. Refrain from reporting late payments to credit reporting agencies for at least 180 days. 3. TO the extent possible under existing law, offer mortgagors an additional ninety (90) day grace period to complete trial loan modifications, and ensure that late payments during the COVID-19 pandemic do not affect their ability to obtain permanent loan modifications. 4. Waive late payment fees [for 90 days] 5. Postpone foreclosures and evictions for at least ninety (90) days. 6. Notify customers by various means, including but not limited to the entity’s website, apps, and (if authorized by the customer) texts or emails, to explain the above-listed assistance being offered to customers.”
NC Governor Guidance Concerning Eviction Proceedings
Residential/ Commercial: Both
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Superior Court Judges
Overview: The Chief Justice Cheri Beasley announced that all superior court and district court proceedings would be rescheduled for at least 30 days. There are no specifics as to eviction proceedings, but it appears that the suspension of court proceedings applies to any non-emergent proceedings.
North Carolina Judicial Branch Order
Residential/ Commercial: This order does not mention evictions, but it suspends non-emergent proceedings such that it would apply to both commercial and residential eviction proceedings.
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Mecklenburg County
Overview: Mecklenburg County Sheriff's Office Suspends Evictions During Coronavirus Crisis: "Pursuant to the discretion provided yesterday in Chief Justice Beasley's Order regarding extensions of time and periods of limitation, the Mecklenburg County Sheriff's Office is suspending its enforcement of court-ordered evictions until April 17, 2020."
Mecklenburg County Sherrif's Office
Residential/ Commercial: This announcement only applies to this Sheriff's Office, and appears to apply to all court-ordered evictions.
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Statewide
Overview: North Dakota Supreme Court issued an Executive Order on March 26, 2020 ordering that "all residential eviction proceedings under NDCC Ch.47-32 are suspended until further order of the Court," but leaving open that a trial court may proceed "upon a showing of good cause in a specific case." On March 17, the Supreme Court issued an emergency order suspending all civil jury trials through April 24, 2020 and all continuances/extensions are presumptively granted if they relate to COVID-19. No apparent move by the Governor for any statewide freeze on evictions, foreclosures, or utility bill collection
ND Supreme Court Order Suspending Eviction Proceedings
Residential/ Commercial: Residential only; but note that all civil proceedings that are non-emergent have been suspended indefinitely.
Other Remedies: No impact or restriction on other remedies.
State, County, Municipality: Burleigh County
Overview: According to a news article from the Bismarck Tribune, Burleigh county has suspended evictions, but King & Spalding called the Sheriff's department on 3/23/2020 and was informed that evictions are still being enforced if they are handed down.
Bismarck Tribune
Residential/ Commercial: There is no additional information, but if this is true, then it would apply to both commercial and residential.
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Cass County (largest county, includes City of Fargo)
Overview: According to a news article from the Bismarck Tribune, Case County suspended evictions, but there is no information on the Cass County website or anywhere else that confirms this.
Bismarck Tribune
Residential/ Commercial: There is no additional information, but if this is true, then it would apply to both commercial and residential.
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Statewide
Overview: On April 1, 2020, the Governor of Ohio ordered that “Landlords are requested to suspend, for a term of at least ninety (90) consecutive days, rent payments for small business commercial tenants in the State of Ohio that are facing financial hardship due to the COVID-19 pandemic;” and “Landlords are requested to provide for a moratorium of evictions of small business commercial tenants for a term of at least ninety (90) consecutive days;” and “Lenders are requested to provide commercial real estate borrowers with a commercial mortgage loan for a property located in the State of Ohio an opportunity for a forbearance of a term of at least ninety (90) consecutive days for said mortgage as a result of a financial hardship due to the COVID-19 pandemic.”
Lender is defined as “any banking organization, bank holding company, credit union, mortgage broker, mortgage loan servicer, master, or special servicer, mortgage revenue bond issuer, mortgage revenue bond holder, mortgage loan originator, owning or holding any mortgage loan secured by property located in the State of Ohio, including commercial mortgage-backed securities loans (CMBS).”
Ohio Governor Executive Order 2020-08D
Residential/ Commercial: Commercial
Other Remedies: The definition of forbearance includes “an agreement to forbear from (a) the enforcement of any remedies following any monetary or non-monetary defaults arising as a result of the COVID-19 pandemic, including the filing of suit against any borrower, maker, co-maker, or guarantor, the filing of foreclosure, appointment of a receiver, impounding of reserve or other funds deposited in accord with any loan or security documents, or termination of any license to use cash, or (b) sweeping and/or seizing any cash by reason of cash sweep trigger events regardless of a default or the existence of circumstances that may give rise to a cash sweep trigger event arising as a result of the COVID-19 pandemic, or (c) any requirement that a party waive any legal rights or admit any default arising as a result of the COVID-19 pandemic.” The order also provides that the order should not be construed to negate the obligation of a small business commercial tenant to pay rent or restrict a landlord from recovering rent at a future time.”
State, County, Municipality: City of Cleveland
Overview: The City Counsel on March 23, 2020 passed an emergency resolution "directing the Housing Division of the Cleveland Municipal Court to immediately suspend or delay, for at least 60 days, all evictions that occur due to economic hardship caused by the coronavirus pandemic"; the legislation is expected to cover only cases where hardship is tied to the pandemic. At the time of this writing on March 23, 2020 there has been no update on whether this legislation has passed.
City of Cleveland Emergency Resolution 346-2020
Residential/ Commercial: Both; the text of the resolution applies to "all evictions."
Other Remedies: This does not appear to impact other remedies, it only directs the Housing Division of the Municipal Court to suspend or delay all evictions.
State, County, Municipality: Cleveland City Council
Overview: President of the Cleveland City Council Kevin Kelley wrote a letter on March 16, 2020 to Cleveland Municipal Housing Court Judge Mona Scot requesting that the court immediately suspend evictions for at least 60 days due to economic hardships caused by the coronavirus pandemic. He added that the Council will "act legislatively at [the] next Council meeting, scheduled for March 23, 2020."
City Council Letter to Municipal Housing Court
Residential/ Commercial: This preliminary report does not specify if the legislation will apply to residential or commercial property, but it appears to apply to both as written
Other Remedies: This does not appear to impact other remedies, it only suspends enforcement such that these evictions can be picked up again when the suspension comes to an end.
State, County, Municipality: Cleveland
Overview: The Cleveland Municipal Court Housing Division issued a case management order in response to the coronavirus pandemic, which suspended "all civil proceedings, except emergency actions" for 30 days. It also provides that "all non-emergency and new filings will not be accepted by the Clerk until April 20, 2020" and that "Court supervised move-outs are suspended and writs may not be purchased until April 20, 2020."
Cleveland Municipal Court Housing Division Administrative Order
Residential/ Commercial: Both
Other Remedies: "Court supervised move-outs are suspended and writs may not be purchased until April 20, 2020," but the order does not appear to have an impact on other remedies.
State, County, Municipality: City of Columbus
Overview: The Franklin County Municipal Court was closed starting Monday, March 16 for at least three weeks, which put a halt to all eviction proceedings. Hearings will be rescheduled at a future date.
City of Columbus Municipal Court Closure
Residential/ Commercial: The Court's order does not specify, but it states it applies to "all eviction proceedings," which implies it applies to both commercial and residential.
Other Remedies: Order does not appear to impact other remedies.
(Limited to law enforcement officers in OR and service/acting on an order or writ termination of tenancy “or the equivalent.”)
State, County, Municipality: City of Dayton
Overview: According to the City of Dayton website, "eviction cases heard by the Dayton Municipal Court are suspended until April 30, 2020
City of Dayton Closings
Residential/ Commercial: The City's announcement does not specify, but it states it applies to "all eviction proceedings," which implies it applies to both commercial and residential.
Other Remedies: Announcement does not appear to impact other remedies, it is only limited to the court functions.
State, County, Municipality: Oklahoma County
Overview: “Due to the outbreak of COVID-19 and out of an overabundance of caution and concern for the health and safety of the citizens of Oklahoma County, we are suspending all foreclosure sales until May 14th.”
Sheriff’s Office Foreclosure Sales Notification
Residential/ Commercial: Appears to apply to bo residential and commercial; although the order states concern over "health and safety of citizens"
Other Remedies: No restrictions or impact on other remedies.
State, County, Municipality: Tulsa County
Overview: The Sheriff’s office announced that: “In an overabundance of caution and concern for the health and safety of the citizens of Tulsa County, all foreclosure sales are postponed until further notice.”
Tulsa County Sheriff’s Office
Residential/ Commercial: Applies to “all” foreclosure sales, no limitation to residential or commercial
Other Remedies: No apparent impact on other remedies
State, County, Municipality: Tulsa County
Overview: “Forcible Entry and Detainer dockets are suspended for the weeks of March 16 and March 23, 2020. All FED cases which were set on these suspended dockets are hereby reset for the same day of the week, at the same time, exactly two weeks later.”
Tulsa County District Court
Residential/ Commercial: Applies to “all” forcible entry and detainer, presumably both residential and commercial
Other Remedies: No apparent impact on other remedies
State, County, Municipality: Statewide
Overview: The Oklahoma Supreme Court issued an Order suspending “all deadlines and procedures whether prescribed by statute, rule or order in any civil, juvenile or criminal case . . . through May 15, 2020.”
Supreme Court Order No. 2020-29
Residential/ Commercial: Residential and Commercial
Other Remedies: No apparent impact on other remedies
State, County, Municipality: Statewide
Overview: “A temporary moratorium throughout Oregon on law enforcement actions relating to residential evictions for nonpayment of rent and related costs will prevent economically vulnerable Oregonians from having to leave their homes.” “Law enforcement officers in Oregon are prohibited from serving, delivering or acting on any notice, order or writ of termination of tenancy or the equivalent or any judicial action . . . that relates to residential evictions for nonpayment.”
Executive Order No. 20-11
Residential/ Commercial: Residential only. (prohibition on officers . . . that relates to residential evictions for nonpayment)
Other Remedies: Order does not appear to impact other remedies. (Limited to law enforcement officers in OR and service/acting on an order or writ termination of tenancy “or the equivalent.”)
State, County, Municipality: Multnomah County (Portland)
Overview: “A temporary moratorium is imposed on all residential evictions in Multnomah County for tenants on the basis of nonpayment of rent due to wage loss resulting from COVID-19.” To be eligible, tenant must demonstrate substantial loss of income resulting from COVID-19 and inform their landlord before the day rent is due. “Nothing in this moratorium shall relieve tenants of liability for unpaid rent, which landlords may seek, and tenants must pay within six months after expiration of this emergency. No late fee may be charged or collected for rent that is delayed for the reasons stated in this moratorium; nor may a landlord seek rent that is delayed for the reasons stated in this moratorium through the eviction process.” Hearings on eviction proceedings will be suspended until April 30, 2020 or later. Writs of execution or actions in furtherance of residential evictions for nonpayment of rent or mortgage payments will not be enforced during the state of emergency.
Executive Rule No. 388
Residential/ Commercial: Residential only.
Other Remedies: Order allows landlord to seek unpaid rent but provides tenant 6 months after expiration of order to pay unpaid rent. Landlord is prohibited from charging any late fees for rent that is delayed due to the moratorium. Landlord is also prohibited from seeking rent that is delayed for the reasons stated in the moratorium through the eviction process.
State, County, Municipality: Philadelphia
Overview: The Office of the Sheriff postponed all tax lien sales and evictions until further notice. Court Order: “the issuance of residential writs of possession, and the execution or enforcement of residential writs of possession issued by the Court of Common Pleas Office of Judicial Records before this date, is Stayed until April 12, 2020 or until further order of the court.”
Philadelphia Sheriff’s Office;
President Judge Admin. Order
Residential/ Commercial: Residential only.
Other Remedies: No apparent impact on other remedies.
State, County, Municipality: Statewide
Overview:
Supreme Court Order closing all courts to the public has been extended through April 30, 2020. The original order provides: “It is further directed that, during the period encompassed by this Order or the judicial emergency, whichever is longer, no officer, official, or other person employed by the Pennsylvania Judiciary at any level shall effectuate an eviction, ejectment, or other displacement from a residence based upon the failure to make a rent, loan, or other similar payment. Nothing herein is intended to preclude requests for orders of possession resulting from judgments entered in landlord-tenant actions to be filed by mail. However, any execution on an order of possession is stayed to a date on or after April 3, 2020, subject to further orders.
The extension clarifies: “no officer, official, or other person employed by the Pennsylvania Judiciary . . . shall effectuate an eviction, ejectment or other displacement from a residence based upon the failure to make a monetary payment,” including “rent and loan payments,” and also “property tax payments.”
Pennsylvania Supreme Court Order
Residential/ Commercial: Residential only. (No officer shall effectuate an eviction “from a residence”)
Other Remedies: No apparent impact on other remedies. Order applies only to officers, officials, or employees of the judiciary.
State, County, Municipality: Statewide
Overview:
Order that: “Except for those matters specifically identified by court below as Emergency/Essential, all matters shall be continued as follows in accordance with the specific directives of the respective courts: All Superior Court jury trials and grand jury proceedings shall be extended until after April 17, 2020. All other matters in all courts within the unified judicial system shall be continued until after April 17, 2020. Governor Raimondo stated in press conference: An executive order on evictions is not an emergency, “because as I’ve said, the courts are closed.” “If in the case of COVID-19 happening you’re receiving an eviction notice, or your landlord is hassling you because you haven’t paid rent and want to evict you, that cannot happen. That cannot happen because that has to be adjudicated in the Rhode Island State Courts and those courts are closed until April 17.”
On April 8, the Supreme Court extended its order until May 17, 2020. “Eviction filings shall not be filed or heard by the District Court until after May 17, 2020.”
Supreme Court Executive OrderGovernor Raimondo Press ConferenceExecutive Order 2020-09
Residential/ Commercial: Court closures would appear to impact any proceedings regarding residential or commercial property.
Other Remedies: No restrictions or impact on other remedies beyond the effective court closure.
State, County, Municipality: Statewide
Overview: “All evictions currently ordered and scheduled statewide shall be rescheduled for a date not earlier than May 1, 2020. The court shall not accept applications for ejectment, schedule hearings, issue writs or warrants of ejectment, or proceed in any other manner regarding evictions until directed by subsequent order by the Chief Justice.” Further, order “a moratorium in Master-in-Equity courts statewide on foreclosure hearings, foreclosure sales, writs of assistance and writs of ejectments, nor should Masters-in-Equity proceed in any other manner regarding foreclosures until directed by subsequent order by the Chief Justice.”
Supreme Court Order
Residential/ Commercial: Residential and commercial. The order applies to “all evictions” and foreclosure sales and does not specify or limit to residential.
Other Remedies: No apparent impact or restriction on other remedies.
State, County, Municipality: Davidson County (Nashville)
Overview: “Sheriff Daron Hall has halted all evictions and service of other papers until further notice. A few exceptions will apply including orders of protection, child custody orders, papers related to protection of elderly and vulnerable persons, and emergency mental health orders.”
Davidson County Sheriff’s Office
Residential/ Commercial: Residential and commercial.
Other Remedies: No impact or restriction on other remedies.
State, County, Municipality: Statewide
Overview: “All in-person proceedings in all state and local courts in Tennessee . . . shall be suspended from the close of business on Friday March 13, 2020 through Thursday, April 30, 2020.” “Given the increasing economic issues caused by this pandemic, no judge, clerk, or other court official shall take any action to effectuate an eviction, ejectment, or other displacement from a residence during the effective dates of this order based upon the failure to make a rent, loan, or other similar payment absent extraordinary circumstances.”
Tennessee Supreme Court Order in re: COVID 19 Pandemic
Residential/ Commercial: Commercial and residential
Other Remedies: No apparent impact on other remedies
State, County, Municipality: Austin, Travis County
Overview: “All scheduled court proceedings except for essential court proceedings will be reset to a date after May 8, 2020.” “No eviction settings (both residential and commercial) will be held until after May 8, 2020. No writs of possession will be issued by a Justice Court until May 13, 2020.”
Travis County Justice of the Peace Standing Order re Coronavirus
Residential/ Commercial: Residential and commercial.
Other Remedies: No apparent impact or restriction on other remedies.
State, County, Municipality: Bexar County (San Antonio)
Overview: Ordered as of March 18, 2020 until 11:00 am on Tuesday June 16, 2020: “That Bexar County rental property owners temporarily suspend evictions for at least the next 30 days to prevent renters from being displaced due to the public health emergency.” “That foreclosure proceedings within Bexar County be temporarily suspended for at least the next 30 days to prevent the displacement of occupants during the public health emergency.”
Executive Order County Judge Nelson Wolff
Residential/ Commercial: Residential and commercial. No limitation to just residential, covers all “rental property owners.”
Other Remedies: No apparent impact or restriction on other remedies.
State, County, Municipality: Dallas County
Overview: Order on March 18: “Due to the public health emergency, the Office of the Dallas County Judge hereby advises the Dallas County Justices of the Peace to suspend eviction hearings and writs of possession for at least the next 60 days to prevent renters from being displaced.”
Dallas County Amended order of Judge Clay Jenkins
Residential/ Commercial: Appears to apply to all eviction hearings, residential and commercial.
Other Remedies: No apparent impact on other remedies
State, County, Municipality: Denton County
Overview: “Eviction case filings will be accepted, but not processes and handled in conjunction with rules set in place by the Supreme Court and Office of Court Administration. Current guidelines are: No citations issued until 20 April 2020; No writs of possession postings until 27 April 2020; Hearings to commence the week of 3 May 2020.”
Justice of the Peace Courts, Denton County
Residential/ Commercial: Appears to apply to both residential and commercial
Other Remedies: No apparent impact on other remedies.
State, County, Municipality: Harris County (Houston)
Overview: “Forcible Entry & Detainer (Eviction) Dockets scheduled to being on any date from now through March 31, 2020, will be suspended, subject to re-evaluation at that time. However, a landlord or a tenant may request a trial by agreement of all parties or if a request for a trial on those eviction cases where the tenant’s and/or their invitee’s violation and/or criminal behavior threaten the safety, peace, quiet enjoyment and/or wellbeing of others.”
Second Amended Order extending until April 30, 2020
Harris County Justice Court Order re: COVID-19
Residential/ Commercial: Residential and commercial. No limitation to just residential, applies to all eviction dockets.
Other Remedies: No apparent impact or restriction on other remedies.
State, County, Municipality: Hidalgo County
Overview: Order issued March 22: “To the extent allowed by law and in accordance with the orders issued by the Texas Supreme Court, no trial, hearings or other proceedings may be had by landlords attempting to evict a tenant for lack of payment for the next thirty (30) days. To the extent allowed by law, all foreclosure proceedings within Hidalgo County shall be temporarily suspended for the next thirty (30) days to prevent displacement of occupants during this public health emergency.”
County of Hidalgo Texas Emergency order
Residential/ Commercial: Residential and Commercial
Other Remedies: No apparent impact on other remedies
State, County, Municipality: San Antonio Housing Authority
Overview: For public housing residents, the SAHA implements the following measures: “Suspension of notices to vacate and lease violations. Suspension of evictions for non-criminal activity. Suspension of housekeeping inspections. Suspension of late fees. Existing repayment agreements will be extended.”
San Antonio Housing Authority
Residential/ Commercial: Limited to public housing residents.
Other Remedies: Limits notices to vacate, evictions, late fees, and extends repayment agreements.
State, County, Municipality: Statewide
Overview:
“In any action for eviction to recover possession of residential property under Chapter 24 of the Texas Property Code and Rule 510 of the Texas Rules of Civil Procedure: No trial, hearing or other proceeding may be conducted, and all deadlines are tolled, until after April 19, 2020; A writ of possession may issue, but the posting of the written warning required by § 24.0061(d)(1) of the Property Code and the execution of the writ of possession may not occur until after April 26, 2020.” The Order expires April 19, 2020 unless extended by the Chief Justice of the Supreme Court.
The Order has been extended: “No trial, hearing or other proceeding may be conducted, and all deadlines are tolled until after April 30, 2020” in “any action for eviction to recover possession of residential property.”
Supreme Court Order
Residential/ Commercial: Residential only.
Other Remedies: No apparent impact or restriction on other remedies.
State, County, Municipality: Statewide
Overview: The Utah Supreme Court and Utah Judicial Council on March 21, 2020 issued an Administrative Order directing courts to only carry out "mission-critical functions," and that mission critical functions include, but are not necessarily limited to, "protective order hearings, stalking injunction hearings, temporary restraining order hearings, guardianship hearings where the minor or incapacitated person is at risk of harm, involuntary commitment hearings, and hearings related to enforcement of custody and parent-time orders.
Utah Supreme Court Order
Residential/ Commercial: This Order is not specific to evictions, so it applies to all civil matters, therefore all evictions
Other Remedies: No apparent impact or restriction on other remedies.
State, County, Municipality: Statewide
Overview: The Utah governor signed a moratorium on April 1 in which he ordered “the suspension of enforcement of Utah Code Title 78B, Chapter 6, Part 8, Forcible Entry and Detainer as the part relates to a residential tenant who: (1) is described in Utah Code § 78B-6-802(c); (2) was current on rent payments as of March 31, 2020; and (3) meets one of the following criteria: (a) has suffered a loss of wages or job loss as a result of COVID-19; (b) has undergone self isolation or quarantine in compliance with an order issued by the Utah Department of Health or a local health department in response to COVID-19; or (c) has tested positive for COVID-19.” The order is effective from April 1, 2020 until 11:59 p.m. on May 15, 2020.
Utah Governor’s Order
Residential/ Commercial: UT
Other Remedies: Statewide
State, County, Municipality: Statewide
Overview: The Utah Governor signed a follow up Executive Order on April 2 which suspended residential evictions of individuals experiencing wage or job loss as a result of COVID-19, clarifying that this order does not apply to commercial tenants.
Utah Governor Second Executive Order re Evictions
Residential/ Commercial: Residential Only
Other Remedies: The order does not prohibit evictions for any reason other than evictions for non-payment of rent due to wage loss as a result of the COVID-19 pandemic. It also does not “create, require, or imply rent forgiveness,” and likewise does not “excuse or otherwise relieve an individual’s obligation to pay rent.”
State, County, Municipality: Salt Lake City
Overview: Utah has provided information on how federal laws affect mortgagors and renters, but still states that the City "is continuing to evaluate ways to incentivize landlords to cease financial evictions."
Salt Lake City Flyer Freddie & Fannie
Residential/ Commercial: Both
Other Remedies: No apparent impact or restriction on other remedies.
State, County, Municipality: Salt Lake County
Overview: King & Spalding spoke with Chloe Morroni, who authored a press release on the Salt Lake County Website, who reported that the County had not yet made any move to suspend evictions, but were looking at all options to alleviate the stress due to coronavirus.
Salt Lake County Announcement
Residential/ Commercial: Not yet decided; appears from conversation with Salt Lake County representative that it would apply to residential
Other Remedies: No apparent impact or restriction on other remedies.
State, County, Municipality: City of Burlington
Overview: Mayor Weinberger declared a city emergency on Monday, March 16, and stated that the City has asked the Champlain Housing Trust, Cathedral Square, and Burlington Housing Authority to suspend evictions during the crisis. Weinberger also "urged private landlords to voluntarily suspend evictions for individuals who could prove COVID-19-related economic hardships." Mayor Weinberger also explained that evictions were adjudicated at the Superior Court level, and that he did not have any authority to suspend evictions immediately like other cities have been able to.
Mayor Statement re Evictions
Residential/ Commercial: Appears to be Both
Other Remedies: The Supreme Court's order does not appear to impact other remedies, it is limited only to court functions in hearing eviction matters.
State, County, Municipality: Statewide
Overview: The Vermont Supreme Court declared a judicial emergency and suspended any non-emergency Superior Court hearings. The list of emergency hearings that the Supreme Court may hear during this time included "emergency landlord-tenant hearings in the discretion of the judge" as well as "proceedings directly related to the COVID-19 public health emergency."
Declaration of Judicial Emergency
Residential/ Commercial: Appears to be Both
Other Remedies: The Supreme Court's order does not appear to impact other remedies, it is limited only to court functions in hearing eviction matters.
State, County, Municipality: Statewide
Overview:
The Virginia Supreme Court issued an order suspending all "non-essential, non-emergency" court proceedings from March 6 to April 6. The power to determine whether eviction proceedings count as "essential" still seems to be in the hands of local courts. "This Order shall be in effect from today, Monday, March 16, to Monday, April 6, 2020, and it is hereby ORDERED that NON-ESSENTIAL, NON-EMERGENCY court proceedings in all circuit and district courts be and hereby are SUSPENDED and all deadlines are hereby tolled and extended, pursuant to Va. Code § 17.1-330(D), for a period of twenty-one (21) days . . ."
The Virginia Supreme Court extended the above order until April 26,2020. The Court also clarified that “[t]he court shall continue all civil, traffic and criminal matters, including jury trials, except for emergency and other matters as provided in this Order. For example, routine proceedings, including but not limited to non-emergency: warrants in debt, unlawful detainers, issuance of garnishments and writs of eviction shall be continued during the period this Order is in effect.”
Link to Order
Residential/ Commercial: Both
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Richmond
Overview: The Richmond City Sheriff's Office issued a statement that "no evictions will be executed during the time of this emergency."
Link to Statement
Residential/ Commercial: Both
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Seattle
Overview: "Effective immediately, a moratorium on residential evictions is hereby ordered until the earlier of the termination of the civil emergency declared in the Proclamation of Civil Emergency dated March 3, 2020 or 60 days from the effective date of this Emergency Order . . . A residential landlord shall not initiate an unlawful detainer action, issue a notice of termination, or otherwise act on any termination notice, including any action or notice related to a rental agreement that has expired or will expire during the effective date of this Emergency Order, unless the unlawful detainer action or action on a termination notice is due to actions by the tenant constituting an imminent threat to the health or safety of neighbors, the landlord, or the tenant’s or landlord’s household members . . . Further, no late fees or other charges due to late payment of rent shall accrue during the moratorium"
Link to Order
Residential/ Commercial: Residential
Other Remedies: Limits ability of landlords to issue notices of default or initiate eviction proceedings. In addition, landlords may not assess late fees for late payment.
State, County, Municipality: Seattle
Overview: "Effective immediately, a moratorium on small business and nonprofit tenant evictions for non-payment of rent or due to the expiration of the lease's term are hereby ordered until the earlier of the termination of the civil emergency . . . or 60 days from the effective date of this Emergency Order . . . Small business means 'any business entity . . . that is owned and operated independently from all other businesses, and that has fifty or fewer employees' per establishment or premises." During this moratorium, an owner of property shall not enforce a contract or statutory remedy under a lease that would remove a small business or nonprofit tenant from its premises. These prohibited remedies include, but are not limited to, terminating the tenant's lease or terminating the tenant's right to possession of the premises . . . Further, no small business or nonprofit tenant shall incur late fees, interest, or other charges due to late payment of rent during the moratorium."
Link to Order
Residential/ Commercial: Commercial
Other Remedies: Requires landlords to keep tenants even after their lease expires. Restricts landlords from pursuing other available remedies for late payment, and landlords may not assess late fees or "interest" for late payment.
State, County, Municipality: King County
Overview: Per the sheriff, “[d]uring this extraordinary time, I am temporarily suspending the service and enforcement of evictions until further notice.”
Link to Statement
Residential/ Commercial: Presumably both.
Other Remedies: No apparent impact or limitation on other remedies.
State, County, Municipality: Auburn
Overview: A landlord or owner of a residential housing unit shall not require payment of late fees or charges due to delinquent payment of rent during this temporary moratorium. All residential tenant late fees and charges shall be waived during the temporary moratorium.
Link to Proclamation
Residential/ Commercial: Residential
Other Remedies: Prohibits late fees or charges during the moratorium.
State, County, Municipality: Burien
Overview: “A landlord or owner of a residential housing unit shall not require payment of late fees or charges due to delinquent payment of rent during this temporary moratorium. All residential tenant late fees and charges shall be waived during the Governor's temporary moratorium on evictions.”
Link to Order
Residential/ Commercial: Residential
Other Remedies: Prohibits late fees or charges during statewide moratorium.
State, County, Municipality: Everett
Overview: 1. Moratorium on Evictions for Certain Causes. a. Effective immediately, a moratorium on residential evictions for non-payment is hereby ordered until the earlier of the termination of the Civil Emergency declared in the Proclamation of Civil Emergency dated March 4, 2020, or 30 days from the effective date of this Emergency Order. The decision to extend the moratorium shall be evaluated and determined by the Mayor based on public health necessity. b. An owner of a housing unit shall not issue a notice of termination or initiate an eviction action for non-payment of rent or otherwise act on a termination notice for nonpayment of rent during this moratorium. Further, no late fees or other charges due to late payment of rent shall accrue during the moratorium. c. For any pending eviction action for the non-payment of rent, it shall be a defense to any eviction action that the eviction of the tenant would occur during the moratorium. Given the public health emergency and public safety issues, a court may grant a continuance for a future hearing date for the eviction action to be heard after the moratorium. d. In any action seeking a writ of restitution involving a dwelling unit where the alleged basis for the writ is the failure of the tenant or tenants to timely pay rent, it shall be a defense to the action that writ would be executed before the termination of the Civil Emergency declared by the Mayor on March 4, 2020. Given the public health emergency and public safety issues, a court may grant a continuance for a future hearing date for the eviction action to be heard after the moratorium.
Link to Proclamation
Residential/ Commercial: Residential
Other Remedies: Prohibits late fees or other charges during the moratorium.
State, County, Municipality: Issaquah
Overview: Section 1. Governor's Order. The Governor's Order expanding protections for residential tenants in Washington through a statewide moratorium on residential tenants for the next 30 days or as further extended is in the best interest of the people in the City of Issaquah. Section 2. Tenant Late Fees. A landlord or owner of a residential housing unit shall not require payment of late fees or charges due to delinquent payment of rent during this temporary moratorium. Further, all residential tenant late fees and charges shall be waived during the duration of the moratorium.
Link to Proclamation
Residential/ Commercial: Residential
Other Remedies: Prohibits late fees or charges during moratorium.
State, County, Municipality: Kenmore
Overview: A. There is hereby adopted and imposed a temporary moratorium on all tenant evictions of residential dwelling units within the City by landlords and/or owners of said residential dwelling units for the time period set forth in Section 7 of this Rule. B. A landlord or owner of a residential housing unit shall not issue a notice of termination or initiate an eviction action or otherwise act to evict a tenant during this temporary moratorium. Further, no late fees or other charges due to late payment of rent shall accrue during the moratorium. C. For any pending residential tenant eviction, it shall be a defense that the eviction of the tenant would occur during the moratorium. Given the public health emergency and public safety issues, a court may grant a continuance for future hearing date in order for the eviction action to be heard after the moratorium.
EXCEPTION TO MORATORIUM: The temporary moratorium imposed under Section 5 of this Rule shall not apply to evictions relating to the protection of life and safety, including, but not limited to, circumstances where a tenant threatens another tenant or other person(s) with a firearm or other deadly weapon, or some other unlawful use of a firearm or other deadly weapon on the rental premises, or for physically assaulting or placing another person in immediate physical danger on the rental premises.
Link to Moratorium
Residential/ Commercial: Residential
Other Remedies: Prohibits late fees or other charges during the moratorium.
State, County, Municipality: Woodinville
Overview: 1. An owner of a residential housing unit located in the City of Woodinville shall not, during the moratorium imposed herein: a. Initiate or prosecute an eviction action with respect any residential housing unit, execute an eviction from the same, or terminate a residential lease for non-payment of rent; or b. Impose upon a residential tenant or cause to accrue any late fees or other charges due to late payment of rent. Nothing herein shall alter or affect the terms of any lease nor enforcement options available to a lessor after the moratorium has been lifted. 2. In any pending eviction action for the non-payment of rent, it shall be a defense to such action that the eviction of the tenant was initiated or would occur during the moratorium imposed herein. Given the public health emergency and public safety issues, a court may grant a continuance for a future hearing date in order for the eviction action to be heard after the moratorium expires or is terminated.
Link to Ordinance
Residential/ Commercial: Residential
Other Remedies: Prohibits late fees or other charges during the moratorium.
State, County, Municipality: Spokane
Overview: Section 2. Eviction Moratorium.
A. Effective immediately, a moratorium on residential and commercial evictions is hereby ordered to help mitigate the economic and public health disruption caused to workers, businesses and residents in Spokane by the COVID-19 pandemic and to protect the public health, safety and welfare.
B. While this moratorium is in effect, a lessor of residential or commercial real property in the city of Spokane shall not initiate an unlawful detainer action, issue a notice of termination, or otherwise act on any termination notice, including any action or notice related to a residential or commercial rental agreement that has expired or will expire during the effective date of this moratorium, unless the unlawful detainer action or action on a termination notice is due to actions by the tenant constituting an imminent threat of damage to the property or to the health or safety of neighbors, the landlord, commercial lessor, or the tenant's or landlord's household members. Further, no late fees or other charges due to late payment of rent shall accrue during the moratorium.
C. Nothing in this ordinance prohibits a commercial lessor or landlord from seeking
a no contact and/or exclusion order against any person who presents a significant threat to the health and safety of others or is likely to damage the property.
D. During this moratorium, no late fees, interest or other charges due to late payment of rent shall be charged to tenants of residential housing units located within the city of Spokane.
E. It shall be a defense in any pending eviction or commercial lease termination action that the eviction or termination would occur during the moratorium and is not justified by proven threats to the safety of others or the protection of the property unless the eviction or termination action is due to actions by the tenant constituting an imminent threat to the health or safety of neighbors, the landlord,
the commercial lessor, or the tenant's or landlord's household members. Given
the public health emergency and public safety issues presented by this civil emergency, a court may grant a continuance of a hearing date to allow the eviction or lease termination action to be heard after the moratorium.
F. The moratorium imposed by this Amended Declaration shall be in effect until the end of the Civil Emergency or until April 30, 2020, whichever occurs first.
Section 3. Moratorium on Foreclosure Actions.
A. From the effective date of this amended declaration until April 30, 2020 or such date as the City Council, by resolution, has extended it, whichever occurs first, a moratorium on is all foreclosure actions, including notices of default, for properties located in the City of Spokane is imposed, except for those foreclosures based on a financial instrument entered into after the signing of this Amended Declaration of
Emergency, to help mitigate the economic impact of the COVID-19 pandemic and
the resulting widespread business closures and job losses.
B. Nothing in this declaration prevents any mortgage holder from enforcing any
contractual obligations, including without limitation late fees, after the conclusion
of this moratorium.
C. It shall be a defense in any pending foreclosure action that the foreclosure would occur during the moratorium and is not justified by proven threats to the safety of others or the protection of the property. Given the public health emergency and public safety issues presented by this civil emergency, a court may grant a continuance of a hearing date to allow a foreclosure action to be heard after the
moratorium.
Link to Order
Residential/ Commercial: Both
Other Remedies: Prohibits late fees or other charges due to late payment for lessors of property; does not prohibit “any mortgage holder from enforcing any contractual obligations, including without limitation late fees, after the conclusion
of this moratorium.”
Expressly permits a commercial lessor or landlord to seek a no contact and/or exclusion order against a person who presents a significant threat to the health and safety of others or is likely to damage the property
State, County, Municipality: Statewide
Overview: Governor Jay Inslee announced 30-day statewide moratorium on evictions of tenants. "do hereby proclaim that a state of emergency continues to exist in all counties of Washington State . . . and that Proclamation 20-05 is amended to temporarily prohibit residential evictions statewide until April 17, 2020, as provide herein . . . effective immediately and until April 17, 2020, I hereby prohibit the following activities related to residential evictions by all residential landlords operating residential rental property in Washington State: (1) Residential landlords are prohibited from serving a notice of unlawful detainer for default payment of rent related to such property under RCW 59.12.030(3); (2) Residential landlords are prohibited from issuing a 20-day notice for unlawful detainer related to such property under RCW 59.12.030(2), unless the landlord attaches an affidavit attesting that the action is believed necessary to ensure the health and safety of the tenant or other individuals; (3) Residential landlords are prohibited from initiating judicial action seeking a writ of restitution involving a dwelling unit if the alleged basis for the writ is the failure of the tenant or tenants to timely pay rent. This prohibition includes, but is not limited to, an action under Chapters 59.12 or RCW 59.18 RCW; (4) Local law enforcement is prohibited from serving or otherwise acting on eviction orders that are
issued solely for default payment of rent related to such property. Nothing in this Proclamation is intended to prohibit local law enforcement from acting on orders of eviction issued for other reasons, including but not limited to waste, nuisance or commission of a crime on the premises."
Link to Order
Residential/ Commercial: Residential only
Other Remedies: Limits ability of landlords to initiate any eviction proceedings or even serve notice if the reason for the action is the tenant's failure to pay rent.
State, County, Municipality: Statewide
Overview: The West Virginia Supreme Court declared that "All proceedings directed to take place and all acts required to be done during the emergency period of March 23, 2020, through April 10, 2020, are stayed and will be rescheduled to a date subsequent to April 10, 2020, by the presiding judicial officer. n Deadlines set forth in court rules, statutes, ordinances, administrative rules or otherwise that are set to expire during the period of March 23, 2020, through April 10, 2020, are extended to April 11, 2020. Deadlines relating to the emergency matters set forth above will remain in effect. n Only those deadlines, statutes of limitations, and statutes of repose that are set to expire during the period from March 23, 2020, through April 10, 2020, will be extended to April 11, 2020."
Link to Order
Residential/ Commercial: Presumably both
Other Remedies: Order does not appear to impact other remedies.
State, County, Municipality: Statewide
Overview: Governor issued executive order prohibiting landlords from “serving any notice terminating a tenancy for failure to pay rent” unless there is “imminent threat of serious physical harm to another person.”
Link to Source
Residential/ Commercial: Both
Other Remedies: “No provision in this order should be construed as relieving an individual of their obligations to pay rent, make mortgage payments, or any other obligation an individual may have under a tenancy.”
State, County, Municipality: Milwaukee County
Overview: Order issued by Circuit Court judge prevents sheriff’s deputies from serving orders through April 9 when there will be a hearing on the matter. Does not prevent landlords from filing eviction actions. Eviction actions will not be heard until at least April 3.
Milwaukee Journal Sentinel
State, County, Municipality: Dane County
Overview: Chief Judge issued order than eviction orders not be executed.
Milwaukee Journal Sentinel
State, County, Municipality: FHA
Overview: US Dept of Housing and Urban Development: authorized FHA to put immediate moratorium on foreclosures and evictions for next two months for single-family homeowners who are unable to pay their FHA-backed mortgages
Washington Post
State, County, Municipality: FHFA
Overview: FHFA also ordered Fannie Mae and Freddie Mac to establish a forbearance program allowing borrowers affected by the coronavirus to skip their mortgage payments for as long as a year. The missed payments could be added to the end of their mortgage or repaid in a balloon payment.
Washington Post