Home » World » South Florida Eviction Orders Averted Following Biden’s Executive Order? | Univision 23 Miami WLTV

South Florida Eviction Orders Averted Following Biden’s Executive Order? | Univision 23 Miami WLTV

One of the first actions that President Joe Biden took upon coming to power was to prohibit the evictions of tenants who have not been able to pay their rents, which he established through an executive order that applies to Florida.

The moratorium went into effect on January 20 and will be valid until March 31, confirmed the Department of Housing and Human Development (HUD, for its acronym in English).

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Previously and during the administration of President Donald Trump, the Centers for Disease Control and Prevention (CDC) had issued a moratorium on evictions across the country to stop the spread of COVID-19, but it has an expiration date for the January 31.

To learn the implications of Biden’s executive order for South Floridians, Univision News contacted the teacher Elizabeth Strom, from the School of Public Affairs of the University of South Florida.

An extended moratorium

Strom mentioned that Biden is extending the eviction moratorium that had been implemented by Trump, but that it was due to expire. So the executive order is not a new moratorium, which means there are no changes to current policies.

“It will be a relief to tenants who have had trouble paying their rent, as they now know that they can have eviction relief at least until the end of March.”

“Note that the moratorium only applies to individuals who can certify that they are unable to pay their rent due to circumstances related to the Covid-19 pandemic and its related economic consequences. Under this federal moratorium, individuals can still be evicted. for other reasons, ”Strom explained.

Professor Strom noted that there is currently no state eviction moratorium and that most Florida counties do not have their own eviction moratoriums, with the exception of Miami-Dade County.

Miami-Dade County has its own eviction moratorium in effect; the national moratorium is consistent with those policies. I think the Miami-Dade moratorium may, in fact, be more generous to tenants, preventing most evictions filed after March 12, 2020 from moving to their final stages, even if they are not related to covid-19 Strom said.

Given that the state of Florida does not have eviction moratoriums, the executive order will not conflict with any state ordinance, he said.

Jen Butler, de la National Low Income Housing Coalition explained to Univision Noticias that the latest coronavirus relief package passed by Congress extended the eviction moratorium for non-payment of rent from December 31 to January 31.

“President Biden issued an order on his first day in office to extend the moratorium until March 31. Currently, tenants have to attest in writing in a statement that they meet certain requirements.

Among the characteristics to apply to the eviction moratorium are income level, having had a loss of income during the pandemic or extraordinary medical expenses, having made best efforts to obtain other rental assistance and making partial rent payments.

“The tenant sends the statement to the landlord and the landlord must honor it,” he said.

As in the Miami-Dade case, moratoriums that benefit renters the most should take priority, Butler said.

Yes, there may be evictions

Strom noted that outside of Miami-Dade and any other county that may have a local moratorium, tenant evictions can continue, especially those who do not qualify for federal eviction protection.

“For example, if my lease expires, my landlord may simply refuse to renew the lease, and the federal moratorium would not protect me from eviction,” Strom said.

Butler added that, legally, landlords cannot continue evictions for nonpayment of rent if the tenant has made a statement.

“But so far there has been no real federal enforcement, and some homeowners are evicting. We hope that the new administration addresses this problem and ensures that the Justice Department pursues the criminal prosecution of landlords who evict tenants illegally, ”he said.

Florida bans illegal evictions

Florida law makes it illegal for a landlord to evict a tenant on their own, so it is not allowed to change door locks, shut off utilities, remove the tenant’s personal property, or threaten to do such things, he pointed Three Rivers Legal Services.

He added that the landlord must go to court to evict a tenant and that tenants can sue the landlord for illegal eviction practices.

For more information on how the moratorium applies, you can call the Federal Housing Administration at 1-800-CALL-FHA or visit the online resource center. here (in English).

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