FAQ
Additional Important Information
In the summer of 2020, in the midst of COVID concerns, the Center for Disease Control (CDC) issued emergency regulations imposing an eviction moratorium that prohibited landlords from evicting tenants who had not made rental payments.
It has been now determined that the CDC eviction moratorium was unconstitutional and illegal. Landlords who were affected by the CDC eviction moratorium may be eligible to receive compensation for damages.
The 5th Amendment of the United States Constitution protects United States citizens’ rights to personal property among other things. Included in the 5th Amendment is the “Takings Clause”. The Takings Clause states that private property cannot be taken for public use without just compensation. It is considered a basic liberty and a primary limitation on the government’s ability to restrict private property use.
The CDC Eviction Moratorium violated the Takings Clause and was therefore unconstitutional and illegal.
How much any plaintiff can recover will depend upon the amount of the net financial loss suffered. However, if you do not join the lawsuit by signing up here, you will not be eligible for any payment.
This lawsuit was filed in 2020. While no one can predict the length of any specific litigation, the deadline to be included as a plaintiff is September 1, 2025.
In other words, to be eligible for any legal payment, one must join the lawsuit as a plaintiff no later than September 1, 2025. The court has ruled The CDC acted illegally. The next phase of our effort will be dedicated to the proof of damages for each plaintiff.
Any rental property owner who was damaged by the CDC eviction moratorium can join the case. However, if you have properties in states or other locales that enacted more stringent eviction restrictions than those imposed by the CDC, you will not be able to participate in this lawsuit with respect to those properties.
The states that have more stringent eviction restrictions and are not included in this lawsuit are as follows:
California
Delaware
Washington, D.C.
Hawaii
Illinois
Maryland
Massachusetts
Minnesota
New Jersey
New Mexico
New York
Oregon
Rhode Island
Vermont
Washington
An initial cost deposit of $1,000 for each plaintiff will be used toward any general litigation expenses (filing fees, expert witnesses, etc.). Additional costs may be assessed on a pro-rata basis. After the lawsuit, any unspent funds will be returned, again on a pro-rata basis.
Any recovery received as a result of the lawsuit will be reduced by a 20% contingency fee paid to the attorneys.
There is a risk that the case will be unsuccessful and that you will have diverted valuable employee resources (particularly in the area of damage calculation) without reward. There is a risk of spending money on litigation expenses without reward.
Please contact John McDermott at jmcdermott@naahq.org (Preferred) or give us a call at +1 571 675 5588
Contact Information
Please contact John McDermott jmcdermott@naahq.org or give us a call at +1 571 675 5588