Category: Landlord Tenant

COVID-19-EVICICTIONS OF TENANTS Ala. Ass’n of Realtors v. HHS, 2021 U.S. LEXIS 3679 (August 26, 2021).  PER CURIAM. The Director of the Centers for Disease Control and Prevention (CDC) has imposed a nationwide moratorium on evictions of any tenants who live in a county that is experiencing substantial or high levels of COVID–19 transmission and who make certain declarations of financial need. 86 Fed. Reg. 43244 (2021). The Alabama Association of Realtors (along with other plaintiffs) obtained a judgment from the U. S. District Court for the District of Columbia vacating the moratorium on the ground that it is unlawful. But the District Court stayed its judgment while the Government pursued an appeal. We vacate that stay, rendering the judgment enforceable. The District Court produced a comprehensive opinion concluding that the statute on which the CDC relies does not grant it the authority it claims. The case has been thoroughly briefed before us— twice. And careful review of that record makes clear that the applicants are virtually certain to succeed on the merits of their argument that the CDC has exceeded its authority. It would be one thing if Congress…

Hackett v. Indian King Residents Ass’n., 2018 Pa. Super. LEXIS 937 (August 29, 2018) Shogan, J.  This is an appeal by Plaintiff-Appellant, Ruthann Hackett, following a jury’s defense verdict in favor of Appellee, Indian King Residents Association (“IKRA”). Following our careful review, we affirm. Appellant sued to recover for injuries from a fall caused by branches on steps in a common area leading to her townhouse. The trial court did not err in finding that Appellant was a licensee when she entered the common area. It is undisputed that Appellant was not a trespasser at the time she fell. Initially, we reject outright Appellant’s claim that she was an invitee pursuant to the Uniform Condominium Act. Appellant’s Brief at 21–22. Appellant cites no case law in support of her position, but more significantly, we note the inapplicability of the UCA. IKRA is not a condominium association; it is a homeowners’ association under the UPCA, as noted supra. The UCA has no relevance to this case. Further, Appellant was not an invitee because she was not a business visitor at the Indian King Community nor on the property by invitation or…