Eviction Moratorium Through December 31
Louisiana Realtors • September 3, 2020
Information regarding the latest order
On Tuesday, September 1, the Center for Disease Control (CDC) and the White House announced a new eviction moratorium. Louisiana REALTORS® is actively following this issue and has reached out to members of our Congressional delegation for more information and guidance for how this will impact Louisiana’s property owners. The order covers any resident who certifies they meet the below criteria may not be evicted for failure to pay. The CDC’s order requires residents to declare (under penalty of perjury) that they:
•Have used best efforts to obtain all available government assistance for rent or housing;
•Expect to earn no more than $99k (individual) or $198k (joint) in 2020; OR was not required to report income in 2019; OR received an Economic Impact Payment from the CARES Act;
•Are unable to pay the full rent or housing payment due to substantial loss of household income, loss of hours, lay-off, or extraordinary medical expenses;
•Are using best efforts to make timely partial payments;
•Eviction would likely render them homeless or force to move into close quarters in congregate or shared living settings due to no other housing options.
National Association of Realtors® (NAR) President Vince Malta, along with CCIM and the Institute of Real Estate Management (IREM), released the following statement in response to a new CDC and White House executive order halting virtually all evictions nationwide beginning September 4 and extending through the end of the year.
“While NAR appreciates and is supportive of administration efforts to ensure struggling Americans can remain in their homes, this order as-written will bring chaos to our nation’s critical rental housing sector and put countless property owners out of business,” said Malta, broker at Malta & Co., Inc., in San Francisco, CA. “Any eviction moratorium must also come with rental assistance for property owners, the vast majority of which are mom-and-pop investors and are still required to meet their financial obligations even as they cease to receive income on their properties.”
Eric B. Landry, JD and Kristin E. Oglesby, JD Breazeale, Sachse & Wilson, LLP 301 Main Street, Suite 2300 Baton Rouge, Louisiana 70801 The following is a summary of the questions and answers from the 2024 Hotline. The Louisiana REALTORS® maintains a hotline for their Brokers to answer questions affecting the real estate industry as a whole. The hotline does not provide legal advice but provides general information. It is important to note that the laws and court decisions affecting these responses to these questions may change as new laws are passed and new court decisions are published. We cannot comment on or provide advice with respect to specific transactions. These responses are for general information only. Note that some of the responses provided herein were generated prior to the National Association of Realtors (“NAR”) Settlement going into effect. That is, on August 17, 2024, several practice changes affecting compensation and communication in residential real estate transactions went into effect. Please click on the link below to access a fully-indexed summary of the questions and answers from the 2024 hotline.
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