Posts tagged ‘eviction moratorium’

End Of CDC Protections Puts Focus Back On NY State

Standing on tenuous legal ground (second entry), the Biden administration announced Saturday that the CDC would no longer be extending the national eviction moratorium beyond July 31st. The announcement means that, absent highly unlikely federal legislation extending the moratorium, the action returns to the state level. Most importantly, with or without the federal moratorium, New York State’s eviction and foreclosure moratorium on most properties remains in effect until August 31st.

These FAQ’s on New York’s Department of Financial Services’ website remind New Yorkers of their rights under state law. The bottom line is, with or without the changes to federal law, August 31st remains the key date for foreclosure and eviction purposes in New York State.

September 1st also remains the key date for mortgage servicers who have to comply with the CFPB’s nuanced regulations intended to provide delinquent homeowners additional notice of forbearance options which may be available to them.

Looking at the big picture, the CFPB remains concerned that nationwide the coming weeks will witness a huge surge of evictions and foreclosure proceedings. It has put servicers on notice that it will be keeping a close eye on their conduct and you can bet that state regulators will be taking a similar approach.

August 2, 2021 at 9:31 am Leave a comment

Three Things You Need To Know To Start Your Credit Union Day

Good news!  I just heard that Ted Lasso is coming back for another season starting July 23rd.  Nothing at all to do with your credit union day but I’m passing this on as a public service to those of you with Apple+ who want to watch an above average show that’s almost family friendly. 

House Passes SAFE Act, Again.

Yesterday the House Of Representatives passed legislation, supported by CUNA and NYCUA, permitting financial institutions to legally provide banking services to cannabis businesses as a matter of federal law in states such as New York where the sale and possession of marijuana is legal.  Similar legislation was passed last year only to die in the Senate.  It would appear that with 50 Democrats in the senate odds for Senate passage this time around have improved but this is by no means a sure thing.  The legislation may get caught up in a larger debate about criminal justice reform… stay tuned.

It’s a Watershed Moment For CDFIs

 That is the gist of this American Banker article which points out that recent months have seen a dramatic increase in funding for CDFIs.  Once again your credit union should at least take a look at whether or not it qualifies for a CDFI designation and if it does it should consider the costs and benefits of getting and maintaining this designation.

CFPB Issues Emergency Rule To Block COVID Related Evictions

Yesterday the CFPB issued an interim regulation mandating that debt collectors provide tenants information about the CDC’s eviction moratorium which bans tenants from being evicted while COVID emergency orders remain in effect.  The CFPB is taking this step out of concern that “…consumers are not aware of their protections under the CDC Order’s eviction moratorium and that FDCPA-covered debt collectors may be engaging in eviction-related conduct that violates the FDCPA.” 

I’m sure a few of my Compliance hotshots are squirming right now because they know that the Fair Debt Collection Practices Act and its accompanying Regulation F does not apply to employees of creditors provided that they are collecting on a loan they originated or that was not delinquent at the time it was purchased (15 USCA § 1692a).  But I think you are well advised to track developments in this area particularly if your credit union provides credit to commercial landlords. 

Enjoy your day folks.

April 21, 2021 at 9:47 am Leave a comment

Governor Extends Vaccine Eligibility as CDC Extends Eviction Moratorium

In case you haven’t already heard, Governor Cuomo announced yesterday that starting today individuals 30 years and older can schedule vaccinations and individuals 16 years and older can start scheduling appointments on April 6th.

Is the CDC Guilty of Regulatory Overreach?

The Governor’s announcement came the same day that the Center for Disease Control announced that it would be extending a moratorium on evictions.  Aside from its practical significance, the CDC’s aggressive use of its regulatory authority may provide a vehicle for federal courts to further chip away at the judicial deference that has been afforded to agency determinations over the last 30 years.  As readers of this blog know, as the most heavily regulated financial institutions in the country, credit unions have a keen interest in any litigation dealing with the extent to which agencies can regulate in the absence of explicit congressional authority.

If you’re wondering why the CDC has the authority to block evictions in the first place, you are not alone.  Yesterday the United States Court of Appeals for the Sixth Circuit refused to issue a stay of a lower court ruling that ruled the CDC had exceeded its authority when it extended the eviction moratorium without Congressional authorization (Tiger Lily, LLC v United States Dept. of Hous. and Urban Dev., 21-5256, 2021 WL 1165170, at *3 [6th Cir Mar. 29, 2021]).  The ruling sets the stage for further litigation which may impact the status of evictions nationwide and could produce important rulings on how much authority agencies have to interpret federal laws.  Remember, that no matter what the court decides, states such as New York have the authority to issue eviction and foreclosure moratoriums and have done so.   

For those of you scoring at home (that’s a baseball reference since opening day is just two days away), in March of 2020 the CARES Act imposed an eviction moratorium that expired on July 25, 2020.  The CDC director extended this moratorium through December of last year.  Congress extended the moratorium until January 31st and when this authority expired, the CDC director extended the moratorium until March 31st and further extended it yesterday.  In exercising this authority, in the absence of congressional authorization, the director is relying on 42 USC § 264 which authorizes the CDC, acting through the Surgeon General to make and enforce regulations that “in his judgement are necessary to prevent the introduction, transmission or spread of communicable diseases.”  The logic of the CDC is that, in the absence of a nationwide eviction moratorium an increase in homelessness and crowded living arrangements will contribute to the spread of the disease. 

In refusing to uphold the CDC’s previous order, the Sixth Circuit explained that “…we cannot read the Public Health Service Act to grant the CDC the power to insert itself into the landlord-tenant relationship without some clear, unequivocal textual evidence of Congress’s intent to do so. Regulation of the landlord-tenant relationship is historically the province of the states.”

NACHA Releases List of Top ODFIs

Just in time for this morning’s blog, Nacha has issued this press release detailing the most active financial institutions when it comes to ACH transactions over the past year.  This year’s statistics are more intriguing than usual because they provide a snapshot of how the pandemic has accelerated the trend towards electronic payment options.  According to Nacha the top 50 originating financial institutions processed more than $23B in payments last year, an 8.4% increase and the top 50 receiving institutions witnessed an 11% increase.  What I find intriguing about these numbers is how the ACH network continues to be dominated by a relative handful of financial institutions even as the Nacha network becomes more ubiquitous. 

March 30, 2021 at 9:55 am 2 comments


Authored By:

Henry Meier, Esq., Senior Vice President, General Counsel, New York Credit Union Association.

The views Henry expresses are Henry’s alone and do not necessarily reflect the views of the Association. In addition, although Henry strives to give his readers useful and accurate information on a broad range of subjects, many of which involve legal disputes, his views are not a substitute for legal advise from retained counsel.

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 756 other followers

Archives