As COVID-19 exerts a significant drag on the economy, there is a growing trend of governmental action to provide temporary protections of possession and tenancies at the national, state and local level. The government actions vary in form, duration and scope, but will generally delay the course of foreclosure or eviction.

The sources of eviction and foreclosure moratoriums include various executive orders of federal agencies, governors, mayors, judges, and even de facto moratorium by county sheriff departments that cease to process service of summons and notices. While the eviction limitations are generally characterized as a response to COVID-19 and related government closings, the orders issued tend to apply to any eviction in the first instance. An exception is California, where the executive order attempts to authorize local suspension of only evictions that are related to COVID-19 and related government closings. While the orders typically suspend present court actions and do not prohibit notices given by a landlord, a present exception is found in Seattle WA, where the mayor’s emergency order also prohibits issuance of a notice of termination.

Due to state and local variances, any suspension of eviction proceedings, the mechanisms of any suspension, application of suspension to residential and/or commercial tenancies, and duration of the moratorium will require examination on a case-by-case basis for the applicable state and city.

Despite variance in the detail of each locality, it should be noted that many state and federal courthouses are effectively slowed or shut down at present due to COVID-19 generally, such that landlord relief in a current or newly-filed eviction proceeding might well be delayed with or without a state or local suspension specific to eviction actions.

NATIONAL AND TRENDS

• As of March 16, 2020, various levels of statewide eviction and/or foreclosure controls or moratoriums were reported for California, Kentucky, North Carolina, Maryland, Massachusetts, and New York. Similar action has been taken by many cities including Miami-Dade County FL, Orlando FL, Charleston SC, Detroit MI, Philadelphia PA, Cleveland OH, San Antonio TX, Austin TX and Seattle WA.
• On March 17, 2020, Kansas Gov. Laura Kelly issued an executive order freezing mortgage foreclosures and rent evictions in Kansas during the global coronavirus pandemic. The order includes: “This administration will do whatever it can to assist Kansans in these challenging times, and that includes allowing Kansans to retain their homes and businesses to avoid immediate danger to their health, safety and welfare,” and continues, “In order to mitigate the economic effects of the spread of COVID-19, I hereby direct and order all financial institutions operating in Kansas to temporarily suspend the initiation of any mortgage foreclosure efforts or judicial proceedings and any commercial or residential eviction efforts until May 1, 2020.”
• On March 18, 2020, the federal agency overseeing Fannie Mae and Freddie Mac, the giant government-run finance firms that back the mortgages of 28 million homeowners, ordered a suspension of foreclosures and foreclosure-related evictions for at least two months.
• On March 18, 2020, President Trump directed the Department of Housing and Urban Development (HUD) to suspend evictions and foreclosures through April related to the fallout of the coronavirus. "The Department of Housing and Urban Development is providing immediate relief to renters and homeowners by suspending all foreclosures and evictions until the end of April," Trump said at a White House press briefing. The moratorium will apply only to homeowners with mortgages insured by the Federal Housing Administration, a HUD agency that backs affordable home loans issued through private firms.

CALIFORNIA

• California Gov. Gavin Newsom issued Executive Order N-28-20 on March 4, 2020, suspending the power to evict tenants unable to pay their rent or mortgages because of a substantial decrease in household or business income or substantial out-of-pocket medical expenses caused by the COVID-19 pandemic or by local, state or federal government response to COVID-19. The executive order is set to remain in place until May 31, 2020, and renters are still required to pay what they owe their landlords. The order states, “Nothing in this Order shall relieve a tenant of the obligation to pay rent, nor restrict a landlord’s ability to recover rent due.” 
• Newsom’s executive order allows local governments to ban landlords from trying to evict tenants who are suffering from a loss of income related to COVID-19. But his directive and many local moratoriums do not extend protection to other reasons for eviction, such as a landlord alleging a nuisance or other lease violation. Los Angeles tenant-rights attorney Frances Campbell said there’s nothing stopping landlords from taking legal action against their tenants. There’s just not much they can do until the Los Angeles Superior Court reopens for regular business, which has been delayed until April 16.
• In Los Angeles, on March 15, 2020, the Mayor issued a Public Order that states:

No landlord shall evict a residential tenant in the City of Los Angeles during this local emergency period if the tenant is able to show an inability to pay rent due to circumstances related to the COVID-19 pandemic. These circumstances include loss of income due to a COVID-19 related workplace closure, child care expenditures due to school closures, health care expenses related to being ill with COVID-19 or caring for a member of the tenant’s household who is ill with COVID-19, or reasonable expenditures that stem from government-ordered emergency measures. Nothing in this subsection shall be construed to mean that the tenant will not still be obligated to pay lawfully charged rent. Tenants will have up to six months following the expiration of the local emergency period to repay any back due rent. Tenants may use the protections afforded in this subsection as an affirmative defense in an unlawful detainer action. This subsection shall remain in effect during the pendency of the local emergency period.

• The Los Angeles City Council is moving to advance a proposal that would strengthen the mayor’s order barring landlords from evicting tenants, both commercial and residential, who are unable to pay rent, by giving give tenants up to 12 months to pay back their rent, instead of the six months provided for residential tenants and three months provided for commercial tenants. To aid property owners, another proposal being advanced would mandate that banks and financial institutions “suspend mortgage foreclosures and mortgage late fees for the duration of the public health crisis.” These proposals will require further action by the city attorney’s office and the council before they would go into effect.
• 14 California cities and counties have either issued a ban on evicting renters facing economic hardships due to the novel coronavirus outbreak or are considering doing so, according to the California Apartment Association: 
  • (1) Los Angeles, (2) Culver City and (3) San Francisco have adopted orders forbidding eviction of tenants who can’t pay their rent due to COVID-19, CAA reported
  • (4 ) Long Beach, (5) San Diego and (6) Santa Ana are considering similar bans, according to CAA and a Santa Ana news release.
  • Elsewhere in California, bans are being considered by (7) San Jose, (8) Fresno, (9) Hayward, (10) Oakland, (11) Sacramento, (12 & 13) the city and county of San Mateo in the county of (14) Santa Cruz.

NEW JERSEY

• Gov. Phil Murphy declared today, March 19, 2020, that he will sign the evictions and foreclosures bill and then sign an executive order immediately afterwards to “immediately suspend” such actions. “No one, and I repeat no one, in New Jersey should fear being kicked out of their home in an emergency,” the governor said during his daily coronavirus briefing in Trenton. Under the bill, banks and landlords in the state could still pursue evictions and foreclosures during this time but would not be able to carry out an actual removal under the order is lifted. It is unclear whether or not these same restrictions will apply to evictions and foreclosures on commercial properties.

NEW YORK

• Beginning the evening of March 16, 2020, eviction proceedings and pending orders will be suspended statewide until further notice as health officials work to curb the spread of COVID-19, as directed by Chief Administrative Judge Lawrence Marks in a memorandum to court employees.
• Effective March 17, all pending eviction cases and orders were suspended, but “hundreds of new cases were filed” citywide this week, according to a recent email from New York City Housing Court Judge Jean Schneider to attorneys. Those new cases will be postponed for “about 45 days,” Schneider wrote. Now, attorneys worry that some confused tenants may show up to the courts, fearing that if they do not respond—especially for nonpayment cases that typically require tenants to appear within 10 days—they could face consequences. (The courts have also suspended default judgements, meaning a tenant who fails to appear in court will not be penalized.)

LOCAL JUDICIAL ACTIONS

• On March 13, 2020, Illinois Cook County Circuit Court entered an order suspending most case activity and including a provision that no eviction or foreclosure orders would be entered. The following day, Cook County Sheriff Tom Dart announced that all jail visits and court-ordered evictions will be put on hold after sheriff’s deputies encountered a person showing symptoms of COVID-19 while serving an eviction.
• On March 19, 2020, Pursuant to local court orders, eviction proceedings in court have been temporarily suspended in Jackson County, Missouri, and also halted any forcible removal of tenants from their homes.

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