Cleveland Housing Court’s Response to the Sixth Circuit’s Recent Order

04/06/2021 - Press Release

In response to the recent Tiger Lily, LLC et al. vs. United States Department of Housing and Urban Development et al case, Cleveland Housing Court will continue accepting the CDC Eviction Protection Declaration as a bar to the eviction process until June 30, 2021.

Cleveland Housing Court’s Response to the Sixth Circuit’s Recent Order in Tiger Lily, LLC et al. vs. United States Department of Housing and Urban Development et al, Released on March 29, 2021 and the Biden Administration’s Extension of the CDC Eviction Moratorium until June 30, 2021

As public health experts continue to predict a fourth wave of COVID-19 infections, hospitalizations, and potential deaths, the Cleveland Housing Court recognizes the importance of stable, safe housing to slow the spread of the disease, as well as the undue financial burden on both landlords and tenants caused by the pandemic. Further, Judge W. Moná Scott of the Housing Court recognizes recent decisions throughout the country that have addressed the constitutionality of the CDC Eviction Moratorium, including Tiger Lily, LLC et al. vs. United States Department of Housing and Urban Development et al., which is now pending before the Sixth Circuit Court of Appeals. While the Sixth Circuit continues to decide the case on the merits, the Housing Court will continue to accept CDC Declarations in accordance with the Biden Administration's recent extension of the CDC Eviction Moratorium until June 30, 2021. As the Housing Court has maintained, and the CDC Eviction Moratorium provides, covered tenants are still obligated to use their best efforts to make timely partial payments and seek governmental rental assistance. For tenants who have failed to do so, landlords are still provided the opportunity to be heard before the Housing Court and challenge any given CDC Declaration in order to provide transparency throughout the process. For parties seeking assistance, the Court’s Housing Specialists will remain available to provide the most relevant information during these unprecedented times.