Eviction Updates from Gov. Cooper, the CDC and the US Supreme Court
Late yesterday, Governor Cooper announced that the North Carolina Council of State had voted against authorizing the extension of Executive Order 171: Assisting North Carolinians at Risk of Eviction. Read the full press release from Governor Cooper here.
The expiration of the order means that housing providers in North Carolina no longer have an obligation to provide a blank CDC Declaration form prior to filing a Complaint in Summary Ejectment, and no accompanying Affidavit must be submitted to the Court. As well, the five day deadline to notify the Court of receipt of a CDC Declaration will no longer be the rule. The expiration of the state order also means the HOPE Program protections will end today, as well, meaning that providers will no longer need to treat HOPE qualification as a barrier to eviction. It is still advisable that providers speak with their attorneys regarding these changes to avoid potential issues before changing policy.
As we move forward, please keep in mind that the HOPE Program and other local rental assistance programs maintain their own restrictions and stipulations on eviction. If you plan to move forward with an eviction, make sure you notify your attorneys of any rental assistance agreements that may have been signed and would be applicable to the case.
In other news yesterday, the US Supreme Court ruled against altering the DC Circuit Court decision that allows the CDC Order to remain in effect while the case is being appealed. The ruling includes confirmation from a majority of judges that they believe the CDC exceeded its authority in issuing the Order, but they declined to take action as the CDC has already announced this would be the final month of the Order. This should provide some deterrent effect to the CDC, should they decide to revist their decision to allow for the expiration of the Order at the end of July.