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Legal Issues

HUD's Order Clarifies Evictions and Foreclosures - March 19, 2020

Despite President Trump’s broad announcement yesterday that all evictions would be suspended by HUD, the Press Release and actual Order issued by HUD are much more limited. In short, HUD’s foreclosure and eviction suspension only applies to single-family homeowners with FHA-insured mortgages.

Iowa Actions

Regarding evictions of Iowa tenants, as of now, and per the Iowa Supreme Court’s most recent supervisory order, Iowa landlords are still permitted to file/commence eviction actions. Local magistrates have the option of either setting a telephonic eviction hearing or continuing the eviction hearing until May 4. From what we are seeing, most, but not all, county magistrates are electing to continue hearings until May 4, in lieu of setting telephonic hearings. Per the Order, clear and present danger evictions may proceed when possible through a telephonic or video conference hearing. These state orders and practices are subject to change.

Landlords should carefully consider their approach regarding non-paying tenants, including to ensure all rights are preserved. In addition, landlords should ensure any rent deferment arrangements with tenants are set forth in writing and are equally applied to all similarly situated tenants. Contact me or your attorney for specific advice.

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