evictionmoratoriumS – WhatWedoanddonotknoW
Real Property , Probate & Trust law Section
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“ Moratorium Order ”). In the Moratorium Order , Governor DeSantis references the federal government ’ s implementation of orders to suspend foreclosures and evictions through the Federal Housing Finance Agency and Federal Housing Administration , and that COVID-19 “ impacted the ability of many Floridians with residential tenancies to make their rent payments ;” and that as a result , “ temporary relief to Floridians with residential tenancies [ was ] in the best interest of the state .” 2 More specifically , the Governor found that “ providing targeted , temporary relief to Floridians with residential tenancies is in the best interest of the state .” 3 Accordingly , the Moratorium Order , under the Governor ’ s powers pursuant to Article IV , Section ( 1 )( a ) of the Florida Constitution and Chapter 252 , Florida Statutes , “ suspend [ ed ] and toll [ ed ] any statute providing for an eviction cause of action under Florida law solely as it relates to non-payment of rent by residential tenants due to the COVID-19 emergency for 45 days from the date of ” the Moratorium Order . 4
As the pandemic continued to affect the health and well-being of the United States , and the rest of the world , the Moratorium Order was extended by Governor DeSantis five times ( see Executive Orders 2020-121 , 2020-137 , 2020-159 , 2020-180 , and 2020-211 ) with a final expiration date of October 1 ,
2020 at 12:01 a . m . Subsequent to the Governor ’ s last Executive Order extending the Moratorium Order , on September 4 , 2020 , the Center for Disease Control released its own federal agency order implementing an eviction moratorium that remains in effect until December 31 , 2020 ( the “ CDC Order ”). 5 Accordingly , on October 1 , 2020 , Governor DeSantis , citing the CDC Order , allowed the Moratorium Order to lapse and found that the CDC Order controlled . 6
Similar to the Moratorium Order , the CDC Order temporarily halts residential evictions to prevent the further spread of COVID-19 .” 7 The CDC Order applies to any
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