Foreclosure and Eviction Suspensions and Related Emergency Orders
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This information is intended to inform firm clients and friends about legal developments, including recent decisions of various courts and administrative bodies, in a rapidly changing, uncertain environment. This information may not constitute the most complete or up-to-date legal or other information and not all sources can be validated. Nothing in this Interactive Map should be construed as legal advice or a legal opinion, and readers should not act upon the information contained in this Interactive Map without seeking the advice of legal counsel.
On April 3 Governor Ivey directed all state, county and local law enforcement officers to cease enforcing any order that would displace a person from his or her place of residence. On May 8 the Governor clarified the protection against evictions applies only to evictions based on nonpayment of lease, mortgage or other payments.
At a March 20 press conference Governor Mike Dunleavy directed the Alaskan Housing Finance Corp. to immediately suspend foreclosures and evictions. On April 10 the state legislature suspended any statutory causes of action that could be used to foreclose on a property or evict a residential tenant for nonpayment of rent.
On March 24 Governor Ducey ordered a moratorium on enforcement of eviction action orders for residential premises when a tenant is required to be quarantined, have a health condition making them more at risk for COVID-19, or suffer a substantial loss of income resulting from COVID-19. On April 7 Governor Ducey further ordered a moratorium on evictions of commercial tenants for nonpayment of rent due to financial impacts of COVID-19.
On April 28 the Supreme Court of Arkansas ordered that all new eviction complaints for nonpayment of rent or other fees are required to affirmatively plead the subject property is not a covered dwelling under the CARES Act.
On March 16 Governor Newsom issued an order permitting localities to take whatever means necessary to promote housing security and stability. On March 27, Governor Newsom issued another order barring eviction of rental tenants who previously paid rent due and are now unable to pay rent because of circumstances related to the COVID-19 pandemic. On April 4 the Judicial Council of California adopted emergency rules suspending unlawful detainer and judicial foreclosure actions.
Local authorities have also suspended evictions and foreclosures:
- Anaheim – On March 24 the Anaheim City Council suspended residential and commercial evictions for nonpayment of rent when a tenant demonstrates the inability to pay rent is due to financial impacts related to COVID-19.
- Chula Vista – On March 17 the Chula Vista City Council suspended (1) all evictions for nonpayment of rent if the tenant demonstrates inability to pay rent is due to financial impacts related to COVID-19 and (2) no-fault evictions unless necessary for the health and safety of tenants, neighbors or the landlord. Additionally, judicial foreclosure and unlawful detainer causes of action were suspended to the extent eviction is based on substantial income decreases caused by the COVID-19 pandemic or government responses to the pandemic.
- Fremont – On March 18 the City Manager suspended (1) all residential evictions for nonpayment of rent if the tenant demonstrates inability to pay rent is due to financial impacts related to COVID-19 and (2) no-fault residential evictions unless necessary for the health and safety of tenants, neighbors or the landlord.
- Fresno – On March 19 the Fresno City Council suspended all evictions resulting from circumstances caused by the outbreak.
- Long Beach – On March 25 Mayor Garcia suspended all residential and commercial evictions for nonpayment of rent if the tenant demonstrates inability to pay rent is due to financial impacts related to COVID-19.
- Los Angeles County – On March 15 Mayor Garcetti issued an order prohibiting residential evictions during the local emergency period if the tenant demonstrates inability to pay rent due to circumstances related to the COVID-19 pandemic. On March 19 the County of Los Angeles issued an order prohibiting residential or commercial evictions for (1) nonpayment of rent or other fees due to financial impacts related to COVID-19 or (2) reasons amounting to a no-fault eviction, unless necessary for health and safety reasons.
- Oakland – On April 15 the Oakland City Council suspended (1) filing of residential unlawful detainers during the local state of emergency, except when tenant poses an imminent threat to the health and safety of other occupants and (2) residential, small business or nonprofit evictions for nonpayment of rent due to financial impacts related to COVID-19.
- Riverside – On March 31 the Riverside City Council suspended residential and commercial evictions for nonpayment of rent due to financial impacts related to COVID-19.
- Sacramento – On March 17 the Sacramento City Council passed an eviction moratorium for nonpayment of rent due to the COVID-19 pandemic or government response to the pandemic.
- San Diego – On March 25 the San Diego City Council suspended residential and commercial evictions for nonpayment of rent due to financial impacts related to COVID-19.
- San Francisco – On March 23 Mayor Breed issued an order prohibiting residential evictions for nonpayment of rent due to financial impacts related to COVID-19.
- San Jose – On March 18 the San Jose City Council approved an ordinance suspending residential evictions for nonpayment of rent due to financial impacts related to COVID-19.
- Santa Ana - On March 19 City Manager Kristine Ridge imposed a temporary moratorium on residential and commercial foreclosures and on evictions for nonpayment of rent due to the Coronavirus outbreak.
On March 20 Governor Polis issued an executive order directing state agencies to suspend residential evictions until April 30 and authorizing the Public Trustees to extend statutory deadlines related to the foreclosure process for 30 days. On April 6 Governor Polis amended the earlier order to authorize the Public Trustees to further extend foreclosure-related deadlines up to and including April 30. On April 30, the Governor placed a moratorium on eviction proceedings for nonpayment of rent.
On March 16 Mayor Hancock announced Denver will be temporarily redeploying sheriff deputies away from evictions to other areas.
On April 10 Governor Lamont issued an executive order prohibiting landlords from issuing a notice to quit or beginning eviction proceedings before July 1 and ordering grace periods for payment of rent.
On March 19 the Connecticut Superior Court stayed "all issued executions on evictions and ejectments." Connecticut is a strict foreclosure state and an "execution of ejectment" is issued after a judgment in favor of a foreclosing party. Conn. Gen. Stat. § 49-22(a). The court rescheduled all foreclosure sales scheduled for March, April or May to June 6. The court further extended any "law day" (date to redeem a foreclosed property) previously set for March, April or May to June 2, 2020.
On April 23 the court cancelled all foreclosure sales scheduled through July 18.
On March 24, Governor Carney issued an emergency order suspending all residential mortgage foreclosures and residential evictions. The suspension will remain in place until Delaware's state of emergency is terminated. On March 17, the Delaware Justice of the Peace Court rescheduled all eviction proceedings for a date not earlier than May 1. On April 23 the court further ordered evictions to be rescheduled for a date not earlier than June 1.
On April 2 Governor Desantis suspended and tolled all state statutes providing for a mortgage foreclosure or eviction cause of action for 45 days. On June 30 Desantis extended the moratorium through August 1.
Local authorities have also suspended evictions in certain locations:
- Miami-Dade – On March 12, the police department announced suspension of all eviction activities until further notice.
- Orange County (Orlando) – On March 16, the sheriff's office announced suspension of eviction activities until further notice.
- Hillsborough County (Tampa) – On March 18, the sheriff ordered suspension of any eviction proceedings.
Additionally, several state courts have suspended foreclosures and evictions:
- 4th Judicial Circuit (Duval County, Jacksonville) – On March 19 suspended foreclosure sales or execution on any writ of possession or writ of eviction until April 3.
- 15th Judicial Circuit (Palm Beach County, Boca Raton, West Palm Beach) – On March 24 cancelled all scheduled foreclosure sales until May 1, 2020.
- 18th Judicial Circuit (Brevard and Seminole counties) - On March 19 suspended (1) all foreclosure sales, hearings, or nonjury trials and (2) all eviction, ejectment, writs of possession, or unlawful detainer proceedings until April 15.
On March 16, Atlanta imposed moratorium on residential evictions and filings by public housing authorities.
On April 16 Governor David Ige issued a moratorium on residential evictions for nonpayment of rent, lease or other related charge. The Hawaii Department of Public Safety Sheriff Division had previously suspended all eviction activities on March 17.
On May 4 the Supreme Court of Idaho ordered that for any eviction action initiated through July 25, the petitioner must file a Statement of Landlord Regarding CARES Act Eviction Moratorium with the complaint. The attached form requires petitioner to identify whether the property is a federally protected.
On March 20, Governor Pritzker issued an emergency order instructing law enforcement officers to cease enforcement of orders of eviction for residential premises. The supension of evictions was extended to May 29.
On March 13, the Circuit Court of Cook County (Chicago) imposed a moratorium on final judgments and executions of judgments in mortgage foreclosure proceedings for 30 days. The Cook County sheriff subsequently suspended all court-ordered evictions for 30 days. On March 30, the Circuit Court extended the moratorium until May 18.
On March 19 Governor Holcomb suspended all foreclosure and eviction proceedings until the designated state of emergency has ended.
On March 20suspended all evictions other than actions for forcible entry and detainer by force, intimidation, fraud, or stealth. On April 2, the Iowa Supreme Court issued an order continuing all forcible entry and detainer proceedings to June 15.
On March 23, Governor Kelly issued an order preventing all financial institutions operating in Kansas from foreclosing on a residential property or evicting a residential tenant when all defaults or violations of the mortgage or rental agreement are substantially caused by a financial hardship resulting from the COVID-19 pandemic. This supersedes a March 17 order that suspended both residential and commercial foreclosures or evictions.
On March 25 Governor Beshear suspended all enforcement of residential evictions during for the duration of the state of emergency. On March 16, the Supreme Court of Kentucky cancelled all eviction proceedings until April 10.
On April 2, Governor Edwards issued an executive order temporarily suspending all court deadlines to April 30. On April 6, the Louisiana Supreme Court issued a court order acknowledging the executive order and limiting in-person court proceedings to emergency matters. These orders do not explicitly address foreclosure or eviction proceedings.
On April 16, Governor Mills issued an executive order suspending evictions of tenants other than those who engage in unlawful conduct. On March 30, the Supreme Judicial Court issued an order suspending new or pending eviction and landlord-tenant cases until May 1, 2020.
On April 3, Governor Hogan issued an emergency order suspending residential foreclosures as well as residential and commercial evictions until the expiration of the state of emergency. This amends Governor Hogan's March 16 emergency order suspending residential evictions. The Baltimore County Sheriff has suspended all evictions during the state of emergency in Balitmore County.
On April 20, Governor Baker signed House Bill No. 4647 providing a moratorium on evictions of residential and small business tenants and foreclosures of residential properties related to the COVID-19 pandemic. On March 13, the state's Housing Court issued a temporary standing order suspending its cases (including evictions).
On March 20, Governor Whitmer issued an executive order temporarily suspending evictions until April 17. The suspension was extended until May 15. On March 16 the 36th District Court (Detroit) issued a moratorium on evictions. Also, on March 13, local courts in Detroit suspended non-emergency evictions.
On March 23, Governor Walz issued a moratorium on residential evictions and foreclosures in an effort to keep Minnesotans in their homes to mitigate the community spread of COVID-19.
On April 1, Governor Tate issued an order suspending evictions.
No state executive orders regarding foreclosures or evictions as of May 25.
On March 25, Governor Ricketts issued an order temporarily suspending residential evictions.
On March 29, Governor Sisolak issued an emergency order suspending eviction and foreclosure actions involving residential or commercial real estate. The emergency directive will remain in effect until the governor terminates Nevada's state of emergency order.
- Clark County (including Henderson and Las Vegas) - on March 17, courts suspended eviction and unlawful detainer proceedings.
On March 17 Governor Sununu suspended all foreclosures and evictions for the duration of New Hampshire's state of emergency.
On March 19 Governor Murphy issued an emergency order staying the enforcement of all judgments related to foreclosure or eviction. The order also prohibits removal of any resident in connection with a foreclosure or eviction. The order does permit initiating or continuing foreclosure and eviction proceedings but that enforcement of all judgments for possession, warrants of removal, and writs of possession shall be stayed while the order is in effect.
On March 24, the New Mexico Supreme Court has ordered a temporary moratorium on evictions for inability to pay rent.
On March 20 Governor Cuomo suspended enforcement of any residential or commercial tenant evictions and foreclosures of any residential or commercial property for 90 days. On March 22, the Chief Administrative Judge Marks issued an order suspending all non-essential court filings following his memo on March 15 clarifying essential function in various courts and suspending residential evictions, court-ordered auctions, and residential foreclosure proceedings.
No state executive orders regarding foreclosures or evictions as of May18th.
On April 1, 2020, governor Mike DeWine signed an executive order requesting:
- Landlords suspend rent payments for small business commercial tenants for 90 consecutive days.
- Landlords provide a moratorium on evictions for small business commercial tenants for 90 consecutive days.
- Lenders to provide 90-day forbearances on foreclosures for commercial real estate borrowers with mortgage loans on Ohio properties.
On March 30, 2020, the Ohio Supreme Court issued guidance encouraging local courts to temporarily continue eviction filings and the execution of foreclosure judgments.
On April 28, 2020, Cuyahoga County (Cleveland) suspended foreclosures for through May 15.
On March 17, 2020, the Franklin County (Columbus) municipal court suspended eviction hearings for 8 weeks.
Effective May 1, 2020, in Hamilton County (Cincinnati), all civil matters set before any judge may be continued for at least 30 days in the judges' discretion.
The Toldeo Housing Court continued eviction hearings to after May 30.
- No state executive orders regarding foreclosures or evictions as of May 18th.
- On March 27, 2020, the Oklahoma Supreme Court issued an order suspending all deadlines and proceedings in all civil cases through May 15.
- On March 16, 2020 sheriff of Oklahoma County (located within Oklahoma City) announced suspension of all foreclosure sales until May 28, 2020.
- Evictions are suspended in Tulsa County until April 15, 2020 at the earliest.
- On March 22, 2020, Governor Brown issued an executive order placing a 90-day moratorium on residential evictions for nonpayment of rent.
- On April 1, Governor Brown issued an executive order prohibiting residential and non-residential evictions for nonpayment of rent for 90 days. Residential tenants do not have to provide documentation that nonpayment was been caused by the COVID-19 pandemic, while non-residential tenants must provide the landlord, within 30 calendar days of unpaid rent being due, with documentation that nonpayment is caused by, in whole or in part, directly or indirectly, the COVID-19 pandemic.
- On April 16, 2020 Multnomah County (Portland) issued an ordinance instituting a six-month repayment grace period beginning the day after any residential eviction moratoriums expire. Evictions for nonpayment of rent are prohibited during the grace period.
On May 17, 2020, Governor Tom Wolf issued an executive order suspending evictions and foreclosures through July 10.
- On March 22, Allegheny County (Pittsburgh) courts suspended evictions through April 14. On April 2, 2020, the judicial emergency was extended through May 8. Any case postponed due to the judicial emergency shall be scheduled after May 31.
Effective April 2, 2020, all Philadelphia Sheriff’s Mortgage Foreclosure Sales scheduled on May 5 are postponed to July 7.
On March 6, Governor Raimondo suspended evictions through June 5.
- No state executive orders suspending foreclosures or evictions as of May 18th.
- Foreclosure and eviction actions shall resume May 15. See Supreme Court Order RE: Statewide Evictions and Foreclosures for details. Any party pursuing an eviction or foreclosure in the trial court must submit a signed, original Certification of Compliance with the CARES Act. For evictions and foreclosures filed on or after May 6, 2020, the Certification of Compliance must be submitted along with the initial filing. For evictions and foreclosures filed before May 6, 2020, the Certification of Compliance must be filed with the court prior to proceeding with the eviction or foreclosure. If a party required to file a Certification of Compliance neglects to do so the eviction or foreclosure shall terminate without further action taken. See order. The form for evictions (SCCA256B), and the form for foreclosures (SCCA256A) are approved for use in the trial courts.
No state executive orders regarding foreclosures or evictions as of May 18th.
- No state executive orders suspending foreclosures or evictions as of May 18th.
- On April 24, 2020, the Tennessee Supreme Court suspended evictions through May 31.
- On March 17, 2020, the Davidson County (Nashville) Sheriff placed evictions on hold until further notice.
- No state executive orders regarding foreclosures or evictions as of May 22nd.
- On May 14, 2020, the Texas Supreme Court allowed evictions to resume May 19. Beginning May 26, warnings may be posted and writs of possession may be executed. For eviction proceedings filed from March 27, 2020, through July 25, 2020, a sworn petition containing a description of the facts and grounds for eviction required by Texas Rule of Civil Procedure 510.3(a)(2) must state that the premises are not subject to the moratorium on evictions imposed by Section 4024 of the CARES Act.
- On May 21, 2020, Dallas County courts extended evictions through June 15.
No state executive orders regarding foreclosures or evictions as of May 22nd.
No state executive orders suspending foreclosures or evictions as of May 22nd. On April 21, the Vermont Supreme Court issued an administrative order suspending all nonemergency superior court hearings. The courts will hear Emergency landlord-tenant matters in the judges' discretion.
- No state executive orders suspending foreclosures or evictions as of May 22nd.
The state has not issued orders related to foreclosures, but on April 16, 2020 Governor Inslee issued a moratorium on evictions through June 4. On March 14 Seattle Mayor Durkan issued an order suspending evictions for 60 days or the termination of the civil emergency, whichever is sooner. On May 6, 2020, Seattle issued an ordinance providing tenants a defense to eviction actions until six months after the eviction moratorium expires.
No state executive orders suspending foreclosures or evictions as of May 22nd.
On March 27, 2020, Governor Evers issued an order directing state officials to suspend evictions and foreclosures for 60 days.
No state executive orders regarding foreclosures or evictions as of May 22nd.
No executive orders suspending foreclosures or evictions as of May 5th, but on March 19 the United States District Court for the District of Puerto stayed all "eviction proceedings in foreclosure cases" until May 30, 2020.
On March 28 Governor Guerrero suspended initiation of eviction and foreclosure proceedings during the public health emergency and tolled pending eviction and foreclosure proceedings for the duration of the public health emergency period.