Apartment Owners Prevail in COVID-19 Test

By: Michael M. Berger
– Daily Journal
In his latest “Takings Talk” column for Daily Journal, Manatt Appellate Senior Counsel Michael Berger discussed a federal case arising in Minnesota wherein an apartment owner challenged a state-wide eviction moratorium, testing the judicial strength of apartment owners' arguments against state-wide COVID-19 mandates. 
Berger explained how, during the pandemic, the Governor of Minnesota issued a moratorium on residential evictions and extended it indefinitely, prompting the owner of three residential properties to sue. The property owner argued that the executive orders prevented him from excluding tenants who violated their leases, thus interfering with his ability to collect rent and manage the property. “The owner had a number of hurdles to overcome and was aided by a number of recent Supreme Court decisions favorable to the owner's position,” Berger noted. As many jurisdictions continue to address similar issues surrounding the ongoing impacts of the pandemic, Berger concluded, “It looks like the landlord/tenant COVID-19 cases are far from over. Major issues remain to be decided.” 
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