2021 CDC Eviciton Moratorium Order - Memo From Judge Carroll

The jumping off discussion area for the rest of the Deck. All things Lakewood.
Please check out our other sections. As we refile many discussions from the past into
their proper sections please check them out and offer suggestions.

Moderators: Jim DeVito, Dan Alaimo

User avatar
Jim O'Bryan
Posts: 14102
Joined: Thu Mar 10, 2005 10:12 pm
Location: Lakewood
Contact:

2021 CDC Eviciton Moratorium Order - Memo From Judge Carroll

Postby Jim O'Bryan » Wed Aug 18, 2021 9:33 am

Image

Lakewood Municipal Court
Cuyahoga County, Ohio

On August 3, 2021 the Center of Disease Control and Prevention of the U.S. Department of Health issued an Eviction Moratorium Order due to the recent, unexpected developments in the trajectory of the COVID-19 pandemic through October 3, 2021. In response to this order, the Lakewood Court will provide a notice to landlords and tenants for every forcible entry and detainer case filed with this court during this period. An Eviction Protection Declaration, as drafted by the CDC, will be included in every eviction complaint served on defendants. Additional information on the procedures to be followed and the applicability of the CDC Eviction Moratorium Order will be provided on the Lakewood Court’s website. (www.lakewoodcourtoh.com).

The court is aware of the prior CDC Eviction Moratorium Order that expired, after extensions, on July 31, 2021 and the court challenges and decisions to the validity of that order. See, Skyworks, LTD v. Centers for Disease Control and Prevention, Case No. 5:20-cv-2407, decided March 10, 2021 (N.D. Ohio) and Tiger Lily v. United States Department of Housing and Urban Development, Case No. 21-5256 ( 6th. Circuit). (appeal pending).

The current Eviction Moratorium Order is a different order, not an extension of the prior order. The current order has different applicability, including being limited to substantial and high levels of community transmission, which currently includes Cuyahoga County, and other qualifications. While some of the issues in Skyworks and Tiger Lily regarding the validity of the order or the authority of the Director of the CDC may apply to the current order, those issues should be left to be decided by the Federal District Courts after the opportunity to fully review and determine the issues.

In light of the presumed validity of the order and the stated goal to reduce the spread of this deadly disease and the recent surge of cases, the Lakewood Court will comply with the executive order. The CDC Eviction Moratorium Order does not prohibit filing forcible entry and detainer complaints with the court. The CDC Order is also limited to tenants who meet the eligibility of the CDC order and the only grounds for eviction is nonpayment of rent. The Lakewood Court will continue to mediate landlord/tenant cases with its tenants assistance plan, including deferred and/or partial rent payments, and emergency rental assistance availability to attempt to work out a successful outcome for both landlords and tenants, regardless of the applicability of the CDC Eviction Moratorium Order.

Patrick Carroll, Judge
August 7, 2021


Jim O'Bryan
Lakewood Resident

"The very act of observing disturbs the system."
Werner Heisenberg

"If anything I've said seems useful to you, I'm glad.
If not, don't worry. Just forget about it."
His Holiness The Dalai Lama

Return to “Lakewood General Discussions”

Who is online

Users browsing this forum: Stan Austin and 38 guests