Eviction Moratoriums During a Pandemic: Legal Rights and Challenges for Landlords and Tenants

Legal Article by - SNEHA AWASTHI (This Article was written by her during her Internship) Abstract :

This article focuses on the impact of COVID-19 eviction moratoriums with an emphasis on preventing homelessness among vulnerable low-income earner tenants. In it, it explains the legal concerns that relate to landlords, the Relative Rights of tenants and landlords, as well as the Most recent high court decisions and decisions; the most recent was the Alabama Association of Realtors v. Department of Health and Human Services which objected to the extent of the executive power.

Introduction to Eviction Moratoriums :

During the COVID-19 pandemic, measures were taken to avoid people becoming homeless because of their financial difficulties. These rules which are referred to as eviction moratoriums means that landlords cannot evict those tenants who were unable to pay rent because they lost their sources of income during the crisis. It was to prevented the eviction of defenceless persons and families especially at the time when most of them are broke. These temporary provisions made sure that people were able to remain in their homes despite the economical difficulties due to the crisis.

Historical Context of Eviction Moratoriums :

At one time or the other in various occasions, there has been a placing of the tenants under eviction bans. For instance, during the great depression that was major world economic depression that began in the 1930s most governments undertake measures that amount to passing of laws which are such that eviction of people from their homes cannot happen for any given duration of time. Likewise, after natural disasters like Hurricane or flood; the lockouts have been banned for some time as the urgent remedies to the people who live in such houses.

Purpose and scope :

Eviction bans are used for those who cannot pay for the rent with a view of helping such individuals continue living in their homes during a pandemic. These prohibitions are of a kind that targets the tenants and evictions cease without delay during the worst economical climate thereby enhancing safety to the tenants. Those governments have been extending financial support to homeowners at the same time; thus, they are in a position to meet their expenses on housing sufficiently. Its major role is the prevention of social disorder and maintenance of individuals within their homes.

Tenant Rights During a Moratorium:

If a tenant experiences financial difficulties as a result of the pandemic and is unable to pay rent, they are not subject to eviction during a moratorium. They so have the right to spend the duration of the moratorium in their current residences.

Tenant obligations both during and after the moratorium:

Tenants should try to pay as much of their rent as possible and notify their landlords if they are unable to do so. They are still liable for any outstanding rent after the moratorium period ends. To pay past due amounts, they must arrange a payment schedule with their landlord.

Legal Rights and obligations of Landlords During and after the Moratorium :

During the eviction moratoriums, landlords are allowed to demand their tenants to pay rent according to the terms of lease and the same expects the tenants to maintain cleanliness. It also asserts that the extent of the tenant’s access privilege is limited to emergencies and minor repairs while they are entitled to making minor repairs without proper notice, the landlord has the right to enter the property to do necessary repairs with sufficient notice. However, while these moratoriums are in place, the landlords fall under the laws that will not let them eject the tenants for failure to pay their rents due to The Covid pandemic. Landlords are supposed to make sure the house is in good shape and be forthcoming when it comes to things regarding rent or the house. The need is to satisfy the financial needs of the households effectively and at the same time follow the legal requirements regarding the protection of the tenants during such circumstances.

Challenges Faced by Tenants : Anytime there is an eviction moratorium, tenants are exposed to lots of hurdles, mainly due to the fact that they cannot meet their rent and other balances due to either joblessness or low wages. However, this may not be easily possible for those whose quality of life is low to acquire fairly priced legal assistance and consequently, understand their rights and when and where to seek redress.

Challenges Faced by Landlords :

Therefore, the landlords may not evict tenants not paying rent as a measure of dealing with COVID-19 during the moratorium. This can often be difficult especially once landlords themselves may not be getting sufficient rent revenue to be able to feed for instance their house bonds. They also cannot afford property maintenance charges such as repaired and other miscellaneous bills included in the properties. Hence, landlords may be financially disabled and possibly unable to manage the properties as they would have done if they were collecting the expected rent incomes.

Balancing Interests: Tenants vs. Landlords

Balancing fairness between tenants and landlords during eviction moratoriums. For Tenants, fairness means having a secure home to live in, particularly if they’ve lost their job or income, and need protection from eviction to ensure they aren’t made homeless during a tough stretch.

For landlords, fairness is being able to collect rent to be able to pay their own bills such as mortgage, property maintenance and taxes – they depend on this money for their own livelihood too.

Policy implications would be making tenants rights and laws to help both the tenants and the landlord. Some policies can give tenants money to pay their rent, others can give landlords money to cover losses. The right mix would provide financial help for the tenants so they don’t lose their homes and at the same time helping landlords out financially.

Court Rulings and Legal Interpretations

Decisions made by the courts and legal analysis of the eviction moratoriums contribute to the understanding of the rules and possible safeguards for the tenants and landlords. Judicial systems all over the country have evaluated cases that involved the landlords, and an attempt to question the validity of the moratorium. Some of these decisions aligned with the moratorium stating that the moratorium is required for public health, while others being in favour of landlords who need to evict tenants or recover unpaid rent or take action to restore their unit.

Among the important cases it is possible to name Alabama Association of Realtors v. Department of Health and Human Services of 2021.

Facts:

In the course of the COVID-19, the CDC put into place a federal eviction moratorium during the health crisis. This meant that landlords could not issue notices of ejectment to tenants who were unable to pay their rent as a result of losses occasioned by the pandemic. The reason was to ensure no one was left homeless during a health problem or any other related issue. However the order was challenged by the Alabama Association of Realtors. They pointed out that the CDC has no legal right to stop an entire line of commerce, for example rental accommodation, across America.

Issue: The primary issue to be answered in the case was whether the CDC had the leverage to put in place a national eviction ban without the consent of the congress through the Public Health Service Act. In other words, the case was based on whether the CDC could exercise such broad authority to unilaterally enact a measure of that kind without express congressional authorization.

Judgment:

It was declared by the Supreme Court that the power of the CDC has been enlarged more than it should be. Some rules set by the CDC were unconstitutional because the CDC had no authority to issue a moratorium on evicting tenants across the United States without the approval of the legislative branch of the government. Therefore, the judicious federal eviction moratorium was voided. The ruling insisted that executive agencies such as the CDC cannot act unbounded, which means that Nelson’s nationwide eviction ban must stem from the legislative branch of Congress.

Outcome:

In the guidance of the supreme court, the action of the CDC was considered to be unlawful in the sense that they acted beyond the powers accorded to them by the congress. This case brought out the concept of separation of powers in the US government, to justify big decisions and especially those in emergencies proper legal authority from the congress.

Conclusion

The eviction moratoriums that were put in place during the COVID-19 outbreak became important in preventing a wave of homelessness and buffered renters from experiencing additional financial hardships. While the moratoriums were lifesavers for impacted populations, they also brought hardships to property owners and revealed operational challenges while on the brink of a foreclosure or no foreclosure default.

Moving forward, a balance that is inclusive of renter and property owner emergency protections is critical. This requires an understanding and process that are established for emergencies and supportive of those impacted. The future must ultimately be about improving communication and assistance—and commitment to fairness when communities must absorb crises. Past this pandemic, and through any future emergency, we must understand our focus in responding to crisis housing is communicating, offering assistance and striving to maintain equity to all parties involved, especially renters.

Reference

Anjalika Nanded ‘The effect of eviction moratoria on the transmission of SARS-CoV-2 15 April 2021’

https://www.nature.com/articles/s41467-021-22521-5 ‘Expiring Eviction Moratoriums and COVID-19 Incidence and Mortality’ https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8634574/ Sneha Sharon Mammen ‘Can a tenant be evicted for non-payment of rent during COVID-19’

https://www.google.com/amp/s/housing.com/news/can-a-tenant-be-evicted-for-non-payment-ofrent-during-covid-19/amp/ Anjalika Nanded ‘The effect of eviction moratoria on the transmission of SARS-CoV-2’ 15 April 2021

https://www.nature.com/articles/s41467-021-22521-5 Risha Chitlangia 257,000 people evicted during pandemic, shows report by housing rights body Sep 09, 2021

https://www.google.com/amp/s/www.hindustantimes.com/cities/delhi- news/257000-people-evicted-during-pandemic-shows-report-by-housing-rights-body101631189394277-amp.html

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