A new federal court stipulation says landlords are permitted to commence the eviction process against tenants, despite last month’s order by the Centers for Disease Control, which prevented rental property owners from taking any action to remove or cause the removal of a covered person.
The CDC issued its order in September banning the removal of tenants through the end of the year for tenants who declare that they are a covered person, as defined in the order.
The order was challenged in court. A stipulation, filed in the U.S. District Court for the Southern District of Ohio says that while tenants cannot be removed from their rental properties during the order, landlords are permitted to begin eviction proceedings. “The CDC Order does not prevent a landlord from seeking judicial review of a tenant’s right to remain on his or her property, including seeking an evidentiary hearing to challenge the veracity of a declaration, provided that no actual eviction occurs while the Order remains in effect,” the Court Stipulation dismissing the case reads.
Paul Jay Cohen, Esq., HapcoPhiladelphia’s general counsel stated that he hopes other courts throughout the country will now realize that the intent of the CDC Order, as set forth by the CDC attorneys, was only to stop the removal of a tenant and not the filing or hearing of landlord tenant cases.