Brand
Board Certified Civil Trial Lawyer
Call Florida Attorney
Dana J. Watts Today!

Helping Clients Across the Legal Bridge!

Helping Clients Across the Legal Bridge!

A devoted trial attorney since 1979

Board Certified Personal Injury and Civil Trial Lawyer

More than 30 years of proven trial experience

Learn More About Our Firm

Experienced Personal Injury Attorney

Vigorously pursuing full and fair compensation for our injured clients

View All

Highly Skilled Business and Civil Litigation lawyer

A Board-Certified trial attorney on your side

Read More

We are in the business of problem solving

Resolving complex issues quickly and cost-effectively

Contact Us Today

Helping Clients Across the Legal Bridge!

D.C. District Court allows eviction moratorium to remain in place

On Behalf of | Aug 17, 2021 | Uncategorized |

Landlords across the country are waiting for a court to declare the administrations moratorium on evictions to be illegal, but at the moment, the news from the courts is not encouraging. Several groups seeking to have the moratorium judge handling the case declared that she was caught between the Supreme Court and the rules of the District Court for the District of Columbia and could not give the plaintiffs the relief that they sought.

The case

The lawsuit was started by the Alabama and Georgia chapters of the National Association of Realtors (NAR). The complaint asked the court to immediately declare the moratorium to be unlawful and to enjoin the president’s order extending the moratorium past its present expiration date of July 31, 2021 to Oct. 3, 2021. The plaintiffs relied on the decision of the Supreme Court.

The court’s ruling

In a recent decision on the moratorium, the Supreme Court ruled that the existing moratorium was legal but that any extensions must be enacted by Congress. The district court handling the latest lawsuit concluded that she was bound by the Supreme Court’s opinion that technically upheld the legality of the moratorium. The judge wrote that her hands “were tied.” She said that under rules of the D.C. Circuit, a district court could not combine the votes of dissenting justices with that of a concurring justice to create a binding precedent.

The effect of the ruling

The judge’s ruling applies to more than 12 million Americans who were facing imminent eviction. The president had drafted a bill asking Congress to extend the moratorium, but progressives and others convinced the president that his bill would not get Senate approval. The president has indicated that he believes that the slowness of the judicial process will provide ample protection for renters. Small renters have reported a number of incidents in which they have been insulted and spat upon.

Any landlord who is owed a significant amount of back rent may wish to consult a lawyer with experience in landlord-tenant matters for advice on how to proceed. Patience may be the best advice for the moment.

 

Board Certified Civil Trial Lawyer

Dana Watts is a board certified civil trial lawyer by the Florida Bar Board of Legal Specialization with more than 30 years of litigation experience. He also received an AV* peer review rating through Martindale-Hubbell.

Learn More

LogoAV
Logo Peer
Bg Otherlogo Foot

Questions?


Contact Our Firm

Dana J. Watts Attorney at Law

713 South Orange Ave
Suite 201
Sarasota, FL 34236

Phone: 941-404-7053
Toll Free: 800-599-3181
Fax: 941-951-2076

Sarasota Law Office Map