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Loophole in eviction moratorium lets landlords evict tenants


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2021 Mar 4, 9:20am   7,423 views  48 comments

by zzyzzx   ➕follow (5)   💰tip   ignore  

https://www.3newsnow.com/news/coronavirus/omaha-landlord-exploits-loophole-in-cdc-eviction-moratorium

OMAHA, Neb. (KMTV) — While the federal government has continued to put a ban on evictions during the pandemic, there’s at least one loophole that is allowing landlords to evict some of their tenants, and it’s happening right here in Omaha.

Their landlord, Bill Stanek, used a loophole in the CDC’s eviction moratorium, something that was supposed to protect Williams and her boyfriend, Daniel Christian, after they lost their jobs due to the pandemic.

“We thought we were good and then we got another letter to appear in court,” Christian said. “He wasn’t asking for restitution and saying we were behind, he just terminated our lease and evicted us.”

Instead of evicting a tenant because of unpaid rent—which is not allowed—Stanek is removing renters because their leases were up and he decided not to renew them.

“It was sad to see him do that to people,” Williams said. “He got away with it and there was nobody to help.”

This exact scenario didn’t just happen to Williams and her family.

According to Scott Mertz, an attorney at Legal Aid of Nebraska, Stanek did the same thing—on the same day—to four of his tenants.

“It’s very common,” Mertz said. “We know this because of the numbers. There was a big dip in the evictions filed at the start of the CDC’s memorandum back in September and then in October, but the number of filings have crept up and up every successive month as more and more individuals are being sued for reasons not related to non-payment of rent.”

Mertz says although this loophole is legal. He’s found there is a correlation between those that still owe rent and those that are getting eviction notices.

“A lot of people are currently employed we find when coming to us, but they did have some kind of interruption into their income earlier on,” Mertz said. “They’ve just been playing catch up and may have been behind and that’s a very common experience many are having.”

Williams and Christian fall into that category. They are trying to save money to pay late bills after being in and out of work throughout the pandemic.

“Nothing has changed,” William said. “He (Stanek) just get to go around the memorandum and put us all out. I just did all this stuff from September to now with housing and I still don’t have nowhere to stay.”

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42   WookieMan   2022 Aug 10, 6:51am  

zzyzzx says

Landlord allegedly sets home on fire over tenants not paying rent on time, police say

Why not if you can get away with it? Random fires are massively rare (outside of wildfires). Maybe a gas leak, but even then you'd likely smell it before an explosion. Maybe frying something and using water to try and put out flames.

That's why arson is so easy to detect. Convinced my former boss did it. I had no part in any of it, but had a 3 unit burn. Firefighters injured. Was kind of a mess. Damage wasn't super bad and got $350k above what the building was financed for. He was a shit head.
45   HeadSet   2022 Aug 13, 8:49am  

"Risk Management Fee?" Good. If you do not want that, get rid of laws that prevent eviction of a non-paying tenant.
47   zzyzzx   2023 Mar 30, 11:45am  

https://therealdeal.com/la/2023/03/22/la-county-supervisors-block-renter-protection-extensions/

LA County supervisors block renter protection extensions

Los Angeles County supervisors have voted against measures calling for a rent protection extension and rent control in unincorporated areas.

The Board of Supervisors voted not to support a resolution to extend certain residential tenant protections for one year throughout the county, the Los Angeles Daily News reported.

In a 2-2 vote with one abstention, measures failed to pass that would bar landlords from evicting tenants without just cause as well as protect tenants from eviction who have added extra occupants and/or pets during the coronavirus pandemic.
48   zzyzzx   2023 Sep 13, 10:18am  

https://www.sfgate.com/local/article/berkeley-landlords-throw-evictions-party-18363055.php

Berkeley landlord association throws party to celebrate restarting evictions

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