Impact of Covid-19 on Evictions – Article by Dennis Morgan
February 11, 2021
Back in the Spring of 2020, New Hampshire’s Governor issued Emergency Order #4 regarding a temporary prohibition on evictions and foreclosures. Landlords were prohibited from starting an eviction proceeding during the State of Emergency. This has since expired however, between the CARES Act and CDC (Centers for Disease Control) moratoriums, most evictions have now been prohibited through the end of March, 2021. This is almost a full year of prohibitions on most evictions. The pandemic’s impact on jobs has been great but there has also been a significant impact on landlords as well.
As it stands now, the CDC Order applies to “covered persons” and residential property. A Covered Person is a tenant of residential property who provides their landlord a declaration that says (1) the tenant has used their best efforts to obtain all government assistance for rent our housing; (2) the tenant earned less than $99,000 in taxable income for 2020 ($198,000 for joint filers); (3) the tenant is unable to pay the full rent or make a housing payment due to substantial loss of income, hours, wages, a layoff or extraordinary medical expenses; (4) the tenant is making best efforts to make timely partial payments; and (5) eviction would likely render the tenant homeless.
The CDC Order applies to any property leased for residential purposes, including any house, building, mobile home and or land in a mobile home park, or similar dwelling. It does not apply to hotel/motel rooms, guest house rentals on a temporary or seasonal basis.
If a tenant qualifies as a Covered Person and completes the CDC declaration, they must provide it to their landlord. If there is more than one person on a lease, each must sign the declaration and provide it to their landlord. Once the tenant completes the declaration, this will cause an eviction proceeding for non-payment of rent to terminate, even up until the point of a writ of possession being served to require a tenant to vacate the leased premises. Evictions that were completed prior to Sept. 4, 2020 are not subject to the CDC Order.
For landlords, this does not mean that there is no way to evict a tenant while the CDC moratorium is in effect. There are 5 exceptions to the moratorium which are: (1) tenant(s) engaging in criminal activity on the rental premises; (2) threatening the health or safety of other tenants; (3) damaging or posing an immediate and significant risk of damage to property; (4) violating applicable building codes, health ordinances or similar health/safety regulation; or (5) violating any other contractual obligation of a tenant’s lease, other than timely payment of rent.
Tenants have an obligation to pay their rent up to the full amount due if able. The moratorium does not suspend or cancel a tenant’s obligation to pay rent. If a tenant is unable to pay their rent and is a “Covered Person”, they cannot be evicted once they submit their CDC declaration to their landlord, but once the CDC Order expires, all unpaid or past due rent will then be due, which will then be a basis for an eviction. This includes not only the past rent but any late fees, penalties, or interest resulting from a tenant’s failure to pay rent during the period of the Order. Best practice would be for tenants to pay their rent if they can afford to do so and for Landlords to know that if they attempt an eviction during the CDC Order there can be serious consequences. Violating the CDC Order can result in fines up to $100,000 and/or a year in jail.
As difficult as the pandemic has been for both tenants and landlords, there are resources available to help. The CARES Act has set aside billions of dollars in grants for the purposes of assisting people with support for rent and housing during the pandemic. Both tenants and landlords would be advised to contact the HUD as well as state and local authorities to find out what is available in their community. This is in the best interest of both the landlords and tenants. Tenants should take full advantage of any federal, state or local rental assistance programs available. The US Dept. of Housing and Urban Development (HUD) has Covid-19 resources on their website (www.hud.gov).
Dennis L. Morgan, Esq.
Leslie Leonard to receive Bruni Young Leadership Award at MWVEC annual meeting Nov. 15
November 9, 2018
Attorney Leslie M. Leonard of Cooper Cargill Chant of North Conway will be given the second annual Bruni Young Leadership Award at the 28th annual meeting of the Mt. Washington Valley Economic Council, to be held Nov. 15 at the Red Jacket Mountain View in North Conway.
Please see full article here.
Cooper Cargill Chant Continues Annual Support to Mountain Top Music Programs
June 14, 2018
Pictured (Left to Right): Attorney Christopher Meier and Jeanne Mason.
Cooper Cargill Chant, PA – Legal Counsel to a Great Community for 40 Years
February 6, 2018
The law firm of Cooper Cargill Chant, PA. is pleased to announce it is celebrating 40 years of providing legal services to individuals, businesses and organizations throughout northern New Hampshire and western Maine.
Today, as the largest law firm in Northern New Hampshire, Cooper Cargill Chant reflects on 40 years of service to its communities. The firm’s history began when Robert Dickson, Peter Fauver and Randall Cooper combined their practices to form the firm of Dickson, Fauver and Cooper.
Steady growth followed and in the early 1980s resulted in expansion of the firm’s Pine Street office, nearly doubling its size. During the 1980s Robert B. Dickson was appointed as a Superior Court Judge and Dorcas “Penny” Deans became a partner of the firm. In the 1990s, Peter Fauver was also appointed as a Superior Court Judge. Ken Cargill and Paul Chant became partners of the firm.
In 2002 the firm moved to its current location on White Mountain Highway in North Conway and later in the decade the firm added a second office located in downtown Berlin. Through the years, the firm continued to grow and evolve. A mainstay through it all has been a strong commitment to clients and community. The firm sought and brought the highest caliber personnel to join its practice. Over the years, Dennis Morgan, Chris Meier and Leslie Leonard grew from associates to become partners in the firm. Associates Deborah Fauver, Tyler Ray and Andy Dean add to the breadth and depth of the firm’s knowledge and ability.
The firm’s partners, associates and staff have always been committed to giving back to the community through pro bono work, charitable gifts, donations and sponsorships as well as dedicated involvement in community and civic organizations.
As the firm reflects on the last 40 years, partner Paul Chant stated “We are humbled by the dedication of our employees and the loyalty of our clients, as well as the opportunity to represent and make a difference for so many local companies and organizations. We are proud to give back to and be involved in our communities through service and philanthropy”.
Cooper Cargill Chant, PA looks forward to many more years of service and extends heart-felt appreciation to the many people that have contributed to the firm’s success.
Cooper Cargill Chant is the largest law firm in Northern New Hampshire with office in North Conway and Berlin. Its attorneys represent a wide range of individuals, businesses and organizations in central and northern New Hampshire and western Maine. Practice areas include: personal injury; real estate; business and corporate; planning; zoning and municipal; civil litigation; family law, bankruptcy, employment law, criminal defense and DWI.
For more information about firm, call (603) 345-5439 or visit the website at www.CooperCargillChant.com.
Cooper Cargill Chant Welcomes Attorney Andrew Dean
August 14, 2017
NORTH CONWAY & BERLIN, NH –
Cooper Cargill Chant is pleased to announce that Attorney Andrew Dean has joined the firm. Andy has spent the last decade practicing commercial law with Mintz Levin Cohn Ferris Glovsky and Popeo in Boston, where he concentrated his practice in real estate acquisition, disposition, leasing, development, and financing. He has represented national and regional businesses in sophisticated commercial transactions. While in Boston, Andy was recognized by Massachusetts SuperLawyers as a Rising Star – Real Estate (2013-2016). Andy is a graduate of George Washington University and the University of Connecticut School of Law. He resides in Kearsarge with his wife, Jessica, and their two children. Eager to join the Mount Washington Valley community, Andy is already a member of the Board of the Mount Washington Valley Housing Coalition. Cooper Cargill Chant partner Ken Cargill is pleased to welcome Andy: “He brings a wealth of solid, practical experience as a commercial attorney. We are thrilled to have him at our firm.”
Cooper Cargill Chant is the largest law firm north of the lakes region in New Hampshire. The firm’s attorneys are recognized leaders of the New Hampshire Bar Association, have chaired the Boards of the New Hampshire Bar Association, the New Hampshire Association for Justice, and the New Hampshire Bar Foundation. Lawyers have won numerous awards for their representation of clients throughout New Hampshire, including awards for legal service to the poor, for work in domestic violence cases, in helping form and develop businesses, and in personal injury work. With offices located in North Conway and Berlin, New Hampshire, Cooper Cargill Chant is counsel to hundreds of small businesses and associations, and thousands of individual clients throughout northern NH and western Maine.
Pictured (from left to right): Ken Cargill and Andy Dean. Photo Credit: Countrypolitan Studios
Cooper Cargill Chant Attorneys Receive Accolades From Super Lawyers
November 14, 2016
NORTH CONWAY, NH – Cooper Cargill Chant, PA is proud to announce that its Partner Paul Chant has been selected by Super Lawyers New England Magazine for recognition in its 2016 publication. Super Lawyers, a Thompson-Reuters business, is a prestigious honor awarded to attorneys who exemplify the highest standards and abilities in areas of law.
Cooper Cargill Chant, PA’s Super Lawyer for 2016 is Attorney Paul Chant. Attorney Chant was named for personal injury practice, on the Plaintiff side. He has 30 years of experience representing Plaintiff’s in personal injury and workers’ compensation litigation. Attorney Chant was selected by Business New Hampshire Magazine as its “Top personal injury lawyer” for 2015 for the entire state of New Hampshire. Paul is President of the Mount Washington Valley Economic Council and a Member of the New Hampshire Bar Association Board of Governors.
In addition to Attorney Chant’s selection as a Super Lawyer, Cooper Cargill Chant, PA Associate Leslie Leonard was named a Rising Star. Attorney Leonard is an Associate whose practice is in family law, estate planning, personal injury and employment law. She is the Past-President of the Mount Washington Valley Children’s Museum Board of Directors, Vice President of the Rotary Club of North Conway, a member of the Board of Directors of the White Mountain Health Center. and a Graduate of the Mount Washington Valley Chamber of Commerce Leadership Program.
Attorneys chosen to the list of Super Lawyers must pass a rigorous, research driven selection process that consists of peer nominations and ratings and in depth evaluations by a highly credentialed panel of attorneys. Lawyers who make the final list have attained the highest degree of professional achievement and recognition from their legal peers.
Super Lawyers Magazine was created to honor exceptional attorneys and to provide consumers in need of legal services in their region with access to an objective list of top lawyers in their area, because no more than 5% of attorneys in this state are named to the Super Lawyers Magazine list – and no more than 2.5% of attorneys are selected to the list of Rising Stars.™ (Honoring lawyers age 40 or younger or in practice 10 years or less). Consumers can feel confidence in choosing lawyers who have been recognized by the trusted publication. For more information, visit the Super Lawyer web site.
Cooper Cargill Chant is the largest law firm north of the lakes region in New Hampshire. With its main office in North Conway, New Hampshire, Cooper Cargill Chant lawyers have over 150 years of experience. Cooper Cargill Chant attorneys are recognized leaders of the New Hampshire Bar Association, have chaired the Boards of the New Hampshire Bar Association, the New Hampshire Association for Justice, and the New Hampshire Bar Foundation. Lawyers have won numerous awards for their representation of clients throughout New Hampshire, including awards for legal service to the poor, for work in domestic violence cases, in helping form and develop businesses, and in personal injury work. With offices located in North Conway and Berlin, New Hampshire, Cooper Cargill Chant is counsel to hundreds of small businesses and associations, and thousands of individual clients throughout northern NH and western Maine.
For more information, call 603-356-5439 or visit them online at www.coopercargillchant.com.