Overview of CDC and Texas Supreme Court Orders on Eviction
The Supreme Court of Texas (SCOTX) issued a 25th emergency order relating to evictions, effective September 17 and expiring December 15. The new SCOTX order requires all property owners in residential eviction cases to include information in the eviction petition about whether or not the CARES Act applies to the suit, as well as whether or not a CDC eviction moratorium Declaration has been delivered to the property owner. It also provides a procedure to allow eviction cases to proceed if the property owner contests a Declaration.
NAA Joins Lawsuit Challenging CDC National Eviction Moratorium
Dear NAA Members,
Today, the National Apartment Association (NAA) joined the New Civil Liberties Alliance (NCLA) in a lawsuit challenging the U.S. Centers for Disease Control and Prevention’s (CDC) unlawful order halting residential evictions through December 31, 2020. The CDC’s overreaching eviction moratorium directly harms the apartment industry, including NAA members’ businesses, and jeopardizes the long-term viability of rental housing while rippling into the broader economy.
The suit, Richard Lee Brown, et al. v. Secretary Alex Azar, et al., argues that rental housing providers have been irreparably damaged by the CDC order and its unwarranted overreach. Federal agencies do not have powers to waive state laws and the CDC has encroached on private property rights with no legal authority. Further, rental housing providers do not have the ability to absorb delinquent rent and pay their mortgages and bills required to keep communities operational and Americans in their apartment homes.
In addition to this suit, NAA is committed to challenging the CDC’s overreaching order with additional legal challenges throughout the country. The rental housing industry should not be held responsible for our nation’s housing crisis, which has been exacerbated during this pandemic, and government agencies should not trade one crisis for another.
Stay safe and well, Robert Pinnegar, CAE President and CEO
Supreme Court of Texas issues new order relating to evictions effective September 17th
New SCOTX order effective now through December 15 The Supreme Court of Texas issued a 25th emergency order relating to evictions, effective September 17 and expiring December 15. The new order requires all property owners in residential eviction cases to include information in the eviction petition about whether the CARES Act applies to the suit, as well as whether a CDC eviction moratorium Declaration has been delivered to the property owner. It also provides a procedure to allow eviction cases to proceed if the property owner contests the Declaration or the CDC Order.
We continue to encourage TAA members to work with residents to avoid evictions where possible, and to consult with their legal counsel for additional guidance.
As we've seen throughout the pandemic, there has also been a heightened interest from the media, as well as tenant advocacy groups, in evictions and other actions by rental housing providers.
At the same time, we understand and share your concerns about how orders regarding evictions impact your business. If you have examples of how you’ve been affected by past orders, please reach out to our team at firstname.lastname@example.org and share your experience. Concrete examples are invaluable in our advocacy efforts.
This most recent order increases capacity for some businesses and facilities to 75 percent, including gyms and exercise facilities. It also stipulates no limits for tanning salons and beauty services, as long as social distance is maintained between work stations.
Webinar covering the SCOTX order coming soon TAA will be scheduling a free webinar for members covering the SCOTX 25th emergency order. Watch the TAA website and member emails for details.
SCOTX issues 26th Emergency Order September 18 SCOTX has also issued a 26th Emergency Order. Among other provisions, this order bans all in-person jury proceedings in justice and municipal courts until December 1. District, county, and probate courts may hold in-person jury trials only after certain actions.
Questions? TAA has a dedicated email for members with coronavirus-related questions: COVIDemail@example.com