Nino Monea, ‘Eviction Moratorium Litigation: What Courts Said, and What Courts Missed’

In 2020, federal, state, and local governments imposed eviction moratoriums to prevent mass homelessness and limit the spread of COVID-19. Landlords responded to this unprecedented action by filing lawsuits around the country. This Article analyzes the litigation. It examines the claims of landlords, defenses raised by the government, and how courts dealt with each of them. It also highlights the ways that courts misunderstand the rental market and devalue tenants. The Article shows that, before the Supreme Court intervened in mid-2021, most landlord suits failed, either because courts rejected their claims or governments ran out the clock, demonstrating that mass eviction moratoriums can protect the most vulnerable in times of crisis.

Monea, Nino, Eviction Moratorium Litigation: What Courts Said, and What Courts Missed (September 9, 2021). University of Baltimore Law Review, volume 51, forthcoming 2022.

First posted 2021-09-11 17:00:52

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