Orders to Prevent Evictions and 60-Day Notice Ordinance Extended, CDC Court Ruling

Date postedMay 6, 2021
Community,
Following the announcement last week of the City of Austin and Travis County extension of emergency orders preventing evictions, through August 1st with additional exceptions; the City of Austin today extended the 60-day notice of proposed eviction ordinance.
Austin, Travis County Extend Eviction Protection through August 1, With New Exceptions:
  • City of Austin Mayor Adler's local Emergency Orders prohibits the issuance of Notices to Vacate (NTV) through June 1, 2021 with the same exceptions.
  • Starting June 1 and continuing through August 1, 2021, additional exceptions are offered:
  • tenants owing rent more than 5 months due on or after April 1, 2020, as declared on a verification form that states
    • the landlord has exhausted all available rental assistance remedies; or
    • the landlord or tenant is not eligible for any rental assistance remedies; and
    • the landlord notified the tenant that an application for rental assistance remedies was submitted within 7 days from the date of application.

Travis County Judge Andy Brown issued similar Orders reflecting the same language prohibiting issuing notices to vacate (NTVs).

60-Day Notice Extended to August 9:
  • City of Austin Council passed the fifth extension of the requirement to issue a 60-day notice of proposed eviction, for any rent debt incurred due to COVID-19, between March 26, 2020 and August 9, 2021.
Federal Court Rulings on CDC's Eviction Moratorium
Following the U.S. Centers for Disease Control and Prevention (CDC) extension to June 30, 2021, this week a federal judge from the U.S. District Court for the District of Columbia issued a ruling voiding the order. The U.S. government quickly appealed the case, and the Department of Justice was subsequently granted an emergency "stay" on this order to prevent evictions during the appeal process. This ruling is another significant legal decision as part of the NAA’s ongoing legal challenges to the CDC eviction moratorium.
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COVID 19: Eviction Orders & Rules Update
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Austin and Travis County extended the Eviction Protection through August 1, with New Exceptions:
  • City of Austin Mayor Adler's local Emergency Orders prohibits the issuance of Notices to Vacate (NTV) through June 1, 2021 with the same exceptions.
  • Starting June 1 and continuing through August 1, 2021, additional exceptions are offered:
  • tenants owing rent more than 5 months due on or after April 1, 2020, as declared on a verification form that states
  • the landlord has exhausted all available rental assistance remedies; or
  • the landlord or tenant is not eligible for any rental assistance remedies; and
  • the landlord notified the tenant that an application for rental assistance remedies was submitted within 7 days from the date of application.
  • Travis County Judge Andy Brown issued similar Orders reflecting the same language prohibiting issuing notices to vacate (NTVs).
60-Day Notice Extended to August 9:
  • City of Austin Council passed the fifth extension of the requirement to issue a 60-day notice of proposed eviction, for any rent debt incurred due to COVID-19, between March 26, 2020 and August 9, 2021.
Join us to find out more about the new exceptions going into effect on June 1.

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