National eviction halt affecting local landlords

Local

CORNING, N.Y. (WETM) – The Trump administration ordered an eviction halt until Dec. 31. The order was directed at the U.S. Centers for Disease Control and Prevention to put out a temporary eviction moratorium and delay late payments, but not forgive.

The qualifications for that, tenants must have a few qualifications:

  • Tenants have to make under $99,000 a year
  • Must prove loss of income as a reason of the COVID-19 pandemic
  • Has no options for housing other than current living space

One local attorney at Welch, Donlon & Czarples PLLC, Michael Donlon, gives the reasoning behind this eviction halt order.

“By evicting folks who may or may or may not be sick,” said Donlon. “It interferes with the ability for them to self-isolate which could spill over into interstate commerce.”

He says the federal courts have indicated a reluctance to re-allocate the hardships to tenants.

“They’re more or less saying that this hardships that fall on someone,” said Donlon. “We feel like that, landlords are in a better position to shoulder.”

One local landlord, Tammi Carl, had tenants that didn’t pay rent starting February and wouldn’t move out at the end of March at the end of their lease. Finally when they move out, she faced another issue.

“If they said they’re out if they decide tomorrow to come, break in, or sit here at them, it’s their house until we can give them an eviction court,” said Carl. “Every time we get close to be able to eviction court, the moratorium is extended. So by the time we get into eviction court, you’re going to have so many cases backed up, I don’t see any of us getting any resolution.”

“It will be in substantial expense to haul someone into federal court,” said Donlon. “I think it’s important to acknowledge that there is a penalty that in my mind is somewhat up, excessive if a landlord violates the federal law they could be subject to $100,000 cash fine and up to a year in jail.”

Copyright 2021 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Mobile Apps DMB_1503428499636.png

Trending Now