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Who CARES? - Status on the Coronavirus Aid, Relief, and Economic Security (CARES) Act

Posted by Tristan R. Pettit, Esq. in COVID-19, CARES Act / Comments

By Atty. Gary Koch of Petrie + Pettit S.C. The Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) was signed into law on March 27, 2020, bringing many new wrinkles to the residential real estate rental practice. While several of its provisions have expired, specifically those regarding eviction moratoria, one particular provision lingers without an apparent sunset. Section 4024(c)(1) of the CARES Act requires that “[t]he lessor of a covered ...

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CDC Extends Eviction Moratorium Until June 30, 2021

Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19, CDC Eviction Moratorium / Comments

On Monday, May 30, 2021, the CDC Issued an Order extending the Eviction Moratorium until at least June 30, 2021. The "guts" of the Order remain the same from the November 2020 Order which I have previously discussed in an earlier blog post. Some of the modifications that were made in this most recent Order include the following: 1. Moratorium is extended until June 30, 2021 2. A signed Declaration by a ...

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THE MONEY IS FINALLY HERE . . . Learn How To Access Wisconsin's Emergency Rent Assistance Payments

Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19, CDC Eviction Moratorium / Comments

As I am sure many of you have heard, back in December the Federal government agreed to set aside $25 Billion dollars for Rent Assistance as a result of Covid.  Of that large amount, Wisconsin was allocated a total of $386,777,591.50 to be divvied up as follows: 1. Brown County - $7,907,949.30 2. Dane County - $8,579, 734.30 3. City of Madison - $7,762,609.60 4. Milwaukee County - $10,629,017.80 -- (to be distributed by Community Advocates) 5. City ...

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A Nicely Done News Report Explaining How the Eviction Moratorium is Negatively Affecting Both Tenants AND Landlords

Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19, CDC Eviction Moratorium / Comments

I was interviewed by Reporter Caroline Reinwald of ch. 12 WISN yesterday on the CDC eviction moratorium and how it is negatively affecting both Tenants AND Landlords.  I thought Caroline did a very nice job of explaining the pains felt by both sides and was happy to be interviewed for the report.

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The Landlords' Side of the Story

Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19, CDC Eviction Moratorium / Comments

Have you noticed that landlords tend to be portrayed as evil and uncaring?  I'm reading lots of so-called news articles (that really are nothing but opinion pieces) with such sentiments.  The media also tend to treat all landlords as large companies making lots of money at the expense of tenants.  Did you know that the vast majority of landlords throughout the U.S. are small "mom & pop" landlords that own ...

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GUEST POST: CDC Attorneys State That Landlords Can Challenge Tenants' Declarations In State Eviction Court

Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19, CDC Eviction Moratorium / Comments

This is guest post written by Tim Ballering (JustALandlord.com) The CDC attorneys have stated in federal court that owners are permitted to file evictions as well as challenge the veracity of a tenant's CDC Declaration. The CDC argues that owners can even obtain an eviction judgment, as long as the physical move is stayed until the end of the moratorium. Most importantly, the Order does not prevent a landlord from filing an ...

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CDC and HHS Issue Order for Temporary Halt In Residential Evictions to Stop The Spread of COVID-19

Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19, CDC Eviction Moratorium / Comments

On September 1, 2020, the Centers for Disease Control and Prevention (CDC) and Department of Health and Human Services (HHS) published an Agency Order temporarily stopping all residential evictions in the United States, in order to prevent the spread of COVID-19. What Are the Effective Dates of this Order? This order became effective immediately upon publication (presumed to be Sept 4, 2020) and continues through December 31, 2020. What Is Prohibited under ...

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Current State of Affidavits of Non-Compliance in Milwaukee County

Posted by Tristan R. Pettit, Esq. in COVID-19, Affidavits of Non-Compliance / Comments

Drafted by Atty. Jennifer M. Hayden of Petrie + Pettit S.C. As you may be aware, Milwaukee County Local Rule 3.85 requires that if the tenant did not sign the Stipulation in person in front of the court, or where the tenant made the first three payments due under the Stipulation and then defaulted, the Landlord must provide the tenant with notice before the court will issue a writ of ...

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Wisconsin's Eviction Moratorium Is Over. Now What?

Posted by Tristan R. Pettit, Esq. in Seminars, COVID-19 / Comments

Atty. Jennifer Hayden and I presented a webinar for the Wisconsin Realtor's Association (WRA) yesterday, May 28, 202, entitled "Wisconsin's Eviction Moratorium is Over. Now What?"  In the webinar Jen and I provide an update on the following: Wisconsin rental Assistance Program (WRAP)DATCP's emergency order on charging late fees and penaltiesThe CARES ActBest Practices that Landlord and property managers may want to consider implementingEviction Court Challenges If you are interested in ...

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When Are Landlords Able to Serve Notices Again and What is the Status of The Other COVID-19 Emergency Orders?

Posted by Tristan R. Pettit, Esq. in COVID-19 / Comments

UPDATED 5-27-20 Trying to keep track and make sense of the numerous state, county, and municipal orders not to mention the federal laws related to Coivd-19 is difficult at best. So, I thought I would put together this update so that everyone is on the same page.1 Governor Evers’ Emergency Order # 15 – Temporary Ban on Notices, Evictions and the filing of Writs – ends on Tuesday, May 26, 2020. To ...

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