09/02/2020

AZSA's Memorandum - CDC EVICTION MORATORIUM NOT APPLICABLE TO SELF-STORAGE

M E M O R A N D U M

 FOR IMMEDIATE RELEASE

Date:   September 2, 2020                                                

From:   Richard Marmor

CDC EVICTION MORATORIUM NOT APPLICABLE TO SELF-STORAGE

The order issued by the CDC on September 1, 2020 entitled

Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19

does not apply to self-storage properties and tenancies.

As stated in the order, “Based on the convergence of COVID-19, seasonal influenza, and the increased risk of individuals sheltering in close quarters in congregate settings such as homeless shelters, which may be unable to provide adequate social distancing as populations increase, all of which may be exacerbated as fall and winter approach . . . [and] evictions threaten to increase the spread of COVID-19. . .” 

To avoid such risk, the order provides —

“A landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any jurisdiction to which this Order applies during the effective period of the Order.” [Emphasis added]

Where —

“‘Residential property’ means any property leased for residential purposes, including any house, building, mobile home or land in a mobile home park, or similar dwelling leased for residential purposes, but shall not include any hotel, motel, or other guest house rented to a temporary

guest or seasonal tenant as defined under the laws of the State, territorial, tribal, or local jurisdiction.”

Accordingly, self-storage properties are not subject to this order.

For the record, the protections afforded by the order carry income and Covid distress related qualifications. As well, some evictions based upon non-rent-related lease defaults are not blocked. Criminal penalties for violating the order include possible prison sentences as well as fines ranging from $100,000 to as much as $500,000 per occurrence.

The order extends through December 31, 2020 and is subject to extension and modification.