CDC Moratorium on Evictions to Remain in Place Through July 31; Colorado Executive Order Lifted

Good news for landlords in Colorado – the Colorado Executive Order requiring landlords to give tenants a thirty-day cure period for nonpayment of rent violations has been rescinded. The remining obligations – the 30-day notice requirement and providing the DOLA packet - will expire on July 31, 2021. Beginning August 1, 2021, Colorado landlords can once again issue a 10-day rent demand as set forth in C.R.S § 13-40-104(d). In addition to the extinction of the 30-day notice requirement, the obligation to notify the tenant in writing of the resources available to tenants by providing as notice a copy of the Department of Local Affairs (DOLA) resources has will also be unnecessary as of August 1st. Although the Order has been rescinded, if before the end of July landlords have a nonpayment issue, the Landlord may want to wait until August 1st to post a 10-day demand since the 30-day requirement will last until the end of July.

The Federal Moratorium on Eviction for nonpayment of rent and other charges has been extended through July 31, 2021. The moratorium, in place since September 2020, prevents landlords from issuing eviction notices to tenants who have completed the Center for Disease Control’s (CDC) Declaration Form, regardless of whether or not their non-payment is related to the COVID-19 pandemic.

Although legal challenges of the CDC Order have resulted in disparate rulings across the country, the United States Supreme Court has now weighted in. On May 5th, a federal court in Washington, D.C. issued an opinion vacating the CDC’s Eviction Moratorium. However, the Justice Department’s Civil Division was granted an emergency stay of the order pending appeal.

Soon after the emergency stay was granted, the Alabama Association of Realtors asked the United States Supreme Court to vacate the stay and allow evictions to be initiated while the matter was litigated. On June 29th, the Supreme Court voted 5-4 to uphold the stay and allow the CDC’s moratorium on residential evictions for nonpayment of rent to remain in effect.

Justice Brett Kavanagh published a brief concurring opinion, stating that while he disagreed with the assertion that the CDC had the authority to issue the moratorium, the stay would allow for “more orderly distribution of the congressionally appropriated rental assistance funds.” The Congressional funds Justice Kavanagh is referring to are approximately $46.5 billion in rental assistance designed to assist landlords financially burdened by the moratorium.

The State of Colorado has instituted its own program to assist landlords. If you are owed money by a tenant who is protected under this order, you are likely entitled to monetary relief through Colorado’s Emergency Rental Assistance Program (ERAP). This program covers back-rent fees for property owners and tenants through April of 2020. For more information or to apply for assistance, visit the program’s website linked above.

If you would like to speak with Annie Murphy or another attorney about evictions, please give our office a call at 970-241-5500.