CDC Stay Declarations and Evictions New guidance issued by the CDC says a landlord can verify and possibly challenge a tenant’s statement through the courts. Part of tenant CDC declaration states that they have exhausted ALL resources available to them to assist in their rent payment. We are finding in many cases, this is not true. Even if they don’t qualify for LHAP, there are other resources available. We can still file an eviction action based on nuisance and end of term. A pay or vacate eviction can still be filed as well, but each judge is handling cases differently and interpreting the conflicting federal and state laws all over the board.
CDC Stay Declarations and Evictions
New guidance issued by the CDC says a landlord can verify and possibly challenge a tenant’s statement through the courts. Part of tenant CDC declaration states that they have exhausted ALL resources available to them to assist in their rent payment. We are finding in many cases, this is not true. Even if they don’t qualify for LHAP, there are other resources available. We can still file an eviction action based on nuisance and end of term. A pay or vacate eviction can still be filed as well, but each judge is handling cases differently and interpreting the conflicting federal and state laws all over the board.