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  • Eviction Moratorium: New York v. Florida

    Categories: US: COVID-19

    SUMMARY CHART

      New York Florida
    Executive Order 202.8 20-94
    Moratorium Period 90 days 45 days
    Ending Date June 20, 2020 May 17, 2020
    Residential Yes Yes
    Commercial Yes No*

    *DISCLAIMER: The Chart does not take into account Florida County regulations.

    New York  

    On March 7, 2020, New York Governor Andrew Cuomo issued Executive Order No. 202.8 suspending evictions for 90 days due to the novel coronavirus pandemic.

    Impact on Renters

    Renters of residential and commercial properties should continue to pay rent because the eviction moratorium does not cancel your rent obligation.  However, if you are experiencing financial hardships due to a loss of job and are unable to pay rent, then let your landlord know.  Until the 90 days moratorium is lifted, your landlord cannot start an eviction proceeding against you.  If you had a pending eviction, those proceedings have been temporarily adjourned. 

    Exceptions

      Renters should know that the new legislation does not apply to “essential matters” such as emergency repair orders, serious housing code violations, and landlord lockouts. 

    Florida

    On April 2, 2020, Florida Governor Ron DeSantis issued an Executive Order 20-94 suspending home foreclosures and evictions for 45 days.  This Order applies to any foreclosures of residential properties and evictions of all residential tenants.  It does not apply to foreclosure actions against commercial property owners or evictions of commercial tenants. 

    Florida Counties

    Florida Counties have also taken action in suspending evictions, such as:

    • Brevard: All eviction, ejectment or writs of possession, unlawful detainers proceedings including the initial paperwork for these matters shall be suspended until April 15, 2020, or as provided by a subsequent order.
    • Broward: The Broward Sheriff’s Office, in coordination with the 17th Judicial Circuit, has decided to temporarily cease all eviction activities until further notice due to the current public health crisis.
    • Hillsborough: All execution of evictions and non-enforceable process have been SUSPENDED until April 20, 2020.
    • Miami-Dade: The Miami-Dade Police has temporarily suspended all eviction activities until further notice.

    There are 67 counties in Florida. Please check with the Police Department of your County.

    DISCLAIMER: The information herein does not constitute legal advice. If you have any questions about New York law, please do not hesitate to contact us.

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