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Biden Set to Extend Federal Moratorium on Evictions Through March 31

January 20, 2021

By: Rebecca Rhoden & Brian Lawrence

President Joe Biden has asked the Centers for Disease Control and Prevention (CDC) to extend a federal moratorium on residential evictions for the nonpayment of rent until at least March 31. The federal moratorium, initially issued in September of last year, banned residential evictions through the end of 2020. Congress extended the moratorium through the end of January as part of the stimulus bill it passed in December.

At inception, the moratorium was based on the 1944 Public Health Service Act. But many have challenged whether the CDC had the authority to broadly suspend rent payments for over 40 million rental units. Additionally, landlords have argued that the moratorium detriments their ability to pay their own mortgages on their rental properties.

An estimated 12% of homeowners with mortgages are currently late on their payments, while 19% of renters are behind on theirs. Even so, Biden is now calling on Congress to pass further legislation extending the moratorium through September, and advocates are pressuring lawmakers to pass additional rent relief. Biden has asked the Department of Housing and Urban Development, the Department of Agriculture, and the Department of Veterans Affairs to extend foreclosure moratoriums for federally guaranteed mortgages until March 31. Biden has also asked the Federal Housing Finance Agency, which already extended its foreclosure and eviction moratoriums until February 28, to extend its moratoriums even further.


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Rebecca

Rebecca Rhoden focuses on commercial litigation, land use litigation, litigation relating to the Fair Housing Act, eDiscovery, appellate law and family and marital law.


In her practice, Rebecca routinely represents private and public clients in matters including commercial, land use, trade secrets, employment, breach of contract, commerce clause, and divorce and prenuptial agreement disputes, among others.

Prior to joining Lowndes, Rebecca practiced in New York City with a large international firm, primarily in the area of securities litigation.

Brian

Brian Lawrence concentrates his practice on complex litigation arising from commercial transactions, partnership disputes, trust and probate disputes and intellectual property matters.


Brian regularly advises national and local clients on matters pertaining to restrictive covenants, trademarks, copyrights and trade secrets. He has successfully defended and prosecuted lawsuits on behalf of national and local corporations and limited liability companies, sports teams, athletes and other public figures.


A member of the firm's Cybersecurity, Privacy & eDiscovery Group, Brian has significant experience evaluating complex security incidents and advising clients of their obligations under federal and state data security and privacy regulations. He has handled cybersecurity incident responses and data privacy matters impacting all 50 states and internationally.

Brian is as committed to serving the Central Florida community as he is to his practice. He is actively involved in Big Brothers Big Sisters of Central Florida, as both a big brother and a member of the executive board. He also serves as a guardian ad litem and provides pro bono services to professional guardianship organizations in Central Florida. Additionally, Brian is on the board of the Young Lawyers Section of the Orange County Bar Association, which supports local charitable endeavors and serves underprivileged youth.

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