Covid Rent Claims Against the US Government
How landlords can pursue Fifth Amendment takings claims for CDC eviction moratorium losses.
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CDC COVID Rent Eviction Moratorium: Critical Dates Timeline
CDC COVID Rent Eviction Moratorium: Critical Dates Timeline The CDC COVID-19 eviction moratorium was a series of federal actions taken between March 2020 and August 2021 to prevent residential evictions during the pandemic. Below is a comprehensive timeline of the …
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John R. Sand v EPA and Tucker Act Statute of Limitations Applied to Covid Rent Eviction Moratorium Cases
Statute of Limitations for Landlords in the Covid Rent Eviction Moratorium Cases Understanding When Takings Claims Accrue: Application to COVID Eviction Moratoriums Under established takings jurisprudence, particularly as articulated in John R. Sand & Gravel Co. v. United States and …
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State Eviction Laws and Links for Landlords in the Covid Rent Eviction Moratorium Cases
Resource for Landlords in the Covid Rent Eviction Moratorium Cases Here is a table of official state legislature websites containing links to: Justia Law – a comprehensive legal database with up-to-date state code State-specific code repositories (e.g., Delaware Code Online, …
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Covid Government Online Resources for Landlords in the Covid Rent Eviction Moratorium Cases
Resource for Landlords in the Covid Rent Eviction Moratorium Cases National Housing Preservation Database (NHPD) The NHPD is an address-level inventory of federally assisted rental housing in the US. The agencies and departments that fund these programs have data on …
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COVID-19 Online Resources on Eviction Laws and Protections Resource for Landlords in the Covid Rent Eviction Moratorium Cases
Resource for Landlords in the Covid Rent Eviction Moratorium Cases Boston University Covid US State Policies CUSP: Data Library Created by researchers and available at statepolicies.com, this database documents the specific dates that 43 states and the District of Columbia …
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Yee v City of Escondido Case May Not Apply to Covid Rent Eviction Moratorium Cases
Yee v. City of Escondido: The Counterargument and Why It May Not Apply to Eviction Moratoriums The Government’s Primary Shield Against Takings Liability Throughout COVID-19 eviction moratorium litigation, governments defending their actions have relied overwhelmingly on a single Supreme …
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The Timing Gap Problem
The Timing Gap Problem: Why Rental Assistance Arrived Too Late for Many Landlords When Government Relief Comes After the Damage Is Done The eviction moratorium began on September 4, 2020. Emergency rental assistance didn’t start flowing until May 2021—nine months …
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stronger Landlord Plaintiffs
Landlord Plaintiff Characteristics: Why Some Owners Had Stronger Cases Than Others The COVID-19 eviction moratoria created vastly different impacts across the rental property landscape, and the strength of landlords’ Fifth Amendment takings claims varied significantly based on fundamental characteristics of …
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state by state Moratorium Differences
State-by-State Moratorium Differences: Which Variations Create Stronger or Weaker Takings Arguments? Not All Moratoria Are Created Equal While much attention has focused on federal eviction moratoria, the reality is that landlords across America faced dramatically different burdens depending on their …
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The CDC Eviction Moratorium Under Scrutiny
The CDC Eviction Moratorium Under Scrutiny: Authorization Issues and Constitutional Takings Implications When Statutory Authority and Constitutional Liability Diverge The CDC’s nationwide eviction moratorium sparked two distinct but interconnected legal questions that have reshaped both administrative law and takings jurisprudence. …
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right to exclude
The Right to Exclude as a Fundamental Property Right: Why Preventing Eviction May Constitute a Taking The Most Essential “Stick” in the Bundle of Property Rights At the very core of property ownership lies a single, fundamental right: the right …
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Quantifying Economic harm
Quantifying Landlord Losses: From Unpaid Rent to Deferred Maintenance and Foreclosure Risk Beyond the Headline Number: The True Cost of Eviction Moratoriums When discussing eviction moratoriums, the conversation often fixates on one number: unpaid rent. By January 2021, landlords …
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Interest and Prejudgment Damages
Interest and Prejudgment Damages: Calculating Time-Value of Money in Prolonged Moratoriums When government-imposed eviction moratoriums prevent landlords from collecting rent for extended periods, the financial harm extends far beyond the principal amount of unpaid rent. The time value of money…
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Physical Takings versus Regulatory Takings
Physical Takings vs. Regulatory Takings: Which Framework Applies to Eviction Moratoriums? The Critical Distinction That Determines Compensation When property owners challenge government action under the Fifth Amendment’s Takings Clause, one of the most consequential questions is deceptively simple: Is this …
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Owner-Occupieds and Small Landlords
Owner-Occupied and Small Landlord Scenarios: Different Fact Patterns and Takings Implications The constitutional challenge to eviction moratoriums under the Fifth Amendment’s Takings Clause presents a deceptively simple question: when government prevents property owners from excluding non-paying tenants, has it “taken” …
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Multi-Unit Residential Properties
Multi-Unit Residential Properties and Moratorium Takings: Aggregate Losses and Industry Impact When eviction moratoriums prohibited landlords from removing non-paying tenants during the COVID-19 pandemic, the financial burden fell hardest on owners of multi-unit residential properties. While a single-family landlord might …
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Mortgage Forbearance, Deferred Maintenance, and Consequences
Mortgage Forbearance, Deferred Maintenance, and Cascading Financial Consequences Since the Covid Rent Moratorium The COVID-19 pandemic unleashed a financial cascade that transformed the rental housing market into a pressure cooker of interconnected failures. What began with tenant job losses rapidly …
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mom and pop Landlords Bear the Burden
The Disproportionate Burden on Mom-and-Pop Landlords: Why Individual Investors Suffered More Than Corporate Entities in the Covid Rent Moratorium The Hidden Crisis Within the Crisis While discussions of eviction moratoriums focus on aggregate impacts—$57 billion in unpaid rent, millions of …
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Mixed-Use Properties and Residential Component Takings
Mixed-Use Properties and Residential Component Takings: Partial Takings of Integrated Real Estate in the Covid Rent Moratorium When Government Takes Only Part of an Integrated Property Most eviction moratorium litigation focuses on purely residential properties—apartment buildings where every unit is …
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Measure of Damages in Eviction Moratorium Takings
The Measure of Damages in Covid Eviction Moratorium Takings: Beyond Simple Unpaid Rent The constitutional clash between pandemic-era eviction moratoriums and property rights has emerged as one of the most significant takings disputes of the 21st century, raising a critical …
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Legal Exaction Why Landlords Can Assert This Powerful Doctrine for COVID Moratorium Rent Claims
Legal Exaction: Why Landlords Can Assert This Powerful Doctrine for COVID Moratorium Rent Claims Understanding Exaction: A Doctrine for Government Overreach When the government uses its regulatory power to extract money or property from a private citizen without just compensation, …
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Federal Rental Assistance Programs Failed to Fully Compensate Landlords in the Covid Rent Moratorium
Federal Rental Assistance Programs: Why They Failed to Fully Compensate Landlords in the Covid Rent Moratorium When Congress appropriated $46.5 billion in Emergency Rental Assistance during the COVID-19 pandemic, it represented an unprecedented federal commitment to preventing mass evictions and …
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Documentation Best Practices for Landlords for the Covid Rent Moratorium
Documentation Best Practices for Landlords: Building a Damages Record for Takings Claims for the Covid Rent Moratorium Landlords who face challenges securing rental income—whether due to government action, regulatory restrictions, tenant disputes, or property damage—must maintain meticulous documentation to support …
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Comparing Federal, State and Local Covid Rent Moratoriums
Comparing Federal, State, and Local Covid Rent Eviction Moratoriums: Variations in Scope, Duration, and Eligibility A Patchwork of Overlapping Moratoria COVID-19 eviction moratoria were not a monolithic, uniform policy. Instead, landlords across America faced a confusing and often overlapping patchwork …
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Comparative Remedies Oregon’s Rental Assistance Program During Covid Rent Moratorium
Comparative Remedies: How Oregon’s Rental Assistance Program Provides a Model for Full Compensation When Government Does What the Constitution Requires While landlords nationwide faced financial ruin under eviction moratoria—with most jurisdictions providing little or no compensation—Oregon chose a different …
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Circuit split between the Eighth and the Ninth Circuits on Covid Rent Eviction Moratoriums
The Circuit Split on Takings Claims: Eighth Circuit vs. Ninth Circuit Approaches to Covid Rent Eviction Moratoriums A Nation Divided: When Geography Determines Constitutional Rights In a stark example of how federal law can vary dramatically depending on where you …
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Cedar Point Nursery v. Hassid and Takings Claims for Landlords on the Covid Rent Eviction Moratorium
Cedar Point Nursery v. Hassid: How This 2021 Supreme Court Ruling Strengthens Takings Claims for Landlords on the Covid Rent Eviction Moratorium A Game-Changing Decision for Property Rights On June 23, 2021, the Supreme Court handed down a decision that …
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Calculating Just Compensation Recoverable by Landlords on the Covid Rent Eviction Moratorium
Calculating Just Compensation for Temporary Takings: Rental Value, Lost Profits, and Interest Recoverable by Landlords on the Covid Rent Eviction Moratorium When Government Takes Property: The Valuation Challenge When the government temporarily appropriates private property—such as through an eviction moratorium …
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Establishing the Baseline Value for Landlord Property Interests Before and After Covid Rent Moratorium
Establishing the “Baseline” Value: Defining Landlord Property Interests Before and After Covid Rent Moratorium The Fundamental Question: What Was Taken? Before any court can calculate compensation in a takings case, it must first answer a deceptively simple question: What property …
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Armstrong Principle that Public Burdens Should Never Fall Solely on Private Landlords in the Covid Rent Eviction Moratorium
The Armstrong Principle: Why Public Burdens Should Never Fall Solely on Private Landlords in the Covid Rent Eviction Moratorium Understanding the Foundational Constitutional Principle At the heart of the Fifth Amendment’s Takings Clause lies a deceptively simple but profoundly important …
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The 5th Amendment “Just Compensation” Requirement for Property Owners in the Covid Rent Eviction Moratorium
Understanding the Fifth Amendment Takings Clause: The “Just Compensation” Requirement for Property Owners in the Covid Rent Eviction Moratorium The Constitutional Promise: A Foundational Right The Fifth Amendment to the United States Constitution contains one of the most critical protections …
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Recovering Attorneys’ Fees from the Government in the Covid Rent Eviction Moratorium
The Bottom Line: Yes, You Can Recover Attorneys’ Fees—But Understanding the Rules is Critical in the Covid Rent Eviction Moratorium Cases What Landlords Need to Know About COVID Moratorium Takings Claims If you’re a landlord pursuing compensation from the federal …
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Can Landlords Recover Unpaid Rent from the COVID Eviction Moratorium?
The Current State of Law: A Landmark Victory with Uncertain Future for the Covid Rent Eviction Moratorium Cases During the height of the COVID-19 pandemic, governments across the United States implemented sweeping eviction moratoriums designed to prevent mass homelessness and …
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The Economic Impact of COVID-19 Eviction Moratoria on Landlords in the Covid Rent Eviction Moratorium Cases
Economic Impact of COVID-19 Eviction Moratoria on Landlords in the Covid Rent Eviction Moratorium Cases When the federal CDC imposed its nationwide eviction moratorium on September 4, 2020, it triggered an unprecedented economic crisis for America’s rental housing providers. However, …
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GHP Management Corp v City of Los Angeles COVID-19 Rent Eviction Moratorium Case from the Ninth Circuit
Covid Rent Eviction Moratorium Case from Ninth Circuit Background In March 2020, the City of Los Angeles enacted one of the strictest eviction moratoria in the country in response to the COVID-19 pandemic, prohibiting the eviction of tenants for nonpayment …
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Darby Development v. United States, Federal Circuit Appeal Covid Rent Eviction Moratorium Case
Darby Development v. United States, Federal Circuit Appeal Covid Rent Eviction Moratorium Case Case Background A group of residential landlords, led by Darby Development, argued that the CDC’s nationwide ban on evictions for nonpayment transformed their property rights, forcing them …
