CDC Temporary Halt in Residential Evictions
On August 3, 2021, the CDC has issued a new order temporarily halting evictions in counties with heightened levels of community transmission in order to respond to recent, unexpected developments in the trajectory of the COVID-19 pandemic, including the rise of the Delta variant. It is intended to target specific areas of the country where cases are rapidly increasing, which likely would be exacerbated by mass evictions.
The Texas Supreme Court's 34th Emergency Order, which applied the Moratorium to Texas Courts, expired March 31, 2021.
Without a further order from the Texas Supreme Court, Justice Court, Pct. 2 has no authority to apply the extended CDC Eviction Moratorium, including abating cases until the CDC Moratorium expires.
After receiving a motion from a landlord requesting that his/her case continue to trial or a writ of possession be issued in a case previously abated, Justice Court, Pct. 2 will proceed accordingly.
A landlord's request to proceed with his/her eviction case acknowledges the potential consequences of evicting a tenant covered by the CDC Temporary Halt in Residential Evictions, which may include facing civil and/or criminal penalties of up to $500,000 per event and/or one year in jail..
Coronavirus Stimulus Bill (CARES Act) - The CARES Act (Coronavirus Stimulus Bill) contains provisions halting evictions for tenants in properties covered by a federally-backed mortgage for 120 days from its enactment .
Covered properties” include properties that participate in the housing programs below. The largest are public housing, Housing Choice Vouchers, Project-Based Section 8 housing, and the Low-Income Housing Tax Credit program.
The Act also applies to renters whose property owners have federally-backed mortgages. These include mortgages backed by the Department of Housing and Urban Development (HUD), Department of Veterans Affairs (VA), Department of Agriculture (USDA), and the government-sponsored enterprises known as Fannie Mae and Freddie Mac.
Does not apply to the following:
Landlords can 1st go to the Texas Department of Housing and Community Affairs website then, click on "HTC Property Inventory (XLSX)" link under Additional Guidance and Resources to search a database to determine if their property is subject to the Low-Income Housing Tax Credits (LIHTC) restrictions.
Landlords can also go to the National Low Income Housing Coalition website to check their property against a multi-family housing database.
To ensure compliance with the CARES Act, all Plaintiff’s must complete the below verification affidavit, swearing or declaring that their property is not subject to the federal eviction moratorium. This affidavit is required at filing and before a judgment can be granted on their case.
County Telephone Operator 817-884-1111
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