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Tenants in Nevada Facing Eviction May Not Be Affected by Supreme Court Ruling

Last week, the United States Supreme Court struck down the Biden Administration’s nationwide eviction moratorium; however, is unlikely to have any impact whatsoever upon tenants facing eviction for nonpayment of rent due to a recently-passed piece of legislation in the state of Nevada which offers ironclad protections for those who have applied for federal rent relief funding.

Kaila Leavitt, president of Leavitt Evictions, noted that Assembly Bill 486, which prohibits eviction if a tenant has applied for federal rent relief funds, potentially offers more protections than the recently-overturned eviction ban put forth by the Centers for Disease Control and Prevention (CDC).

“Here in the state of Nevada, we have [Assembly Bill 486] which arguably protects tenants more than the federal moratorium does,” she said.

A previous eviction moratorium issued by Nevada Governor Steve Sisolak ended on May 31; the moratorium enacted by the CDC, which targeted counties with high COVID-19 transmission rates, would have expired on October 3 if it had not been struck down last week by the Supreme Court.

Leavitt noted that AB 486 offers protections for 90 days for renters that have applied for federal relief funds and are awaiting the outcome of their case, allowing them to remain in their homes whether or not they are currently paying any rent to their landlords.

However, according to Leavitt, that may not be the case in terms of constitutional legality, and despite the fact that a renter may have applied for federal funds, it may still be possible to evict them for nonpayment of rent.

“I think many landlords were under the impression that the federal moratorium got extended again, they couldn’t evict. And that was just not the case,” she said. “When the tenant gets the notice, they don’t communicate with their landlord. They don’t respond. They just think they can’t be evicted and they just write it off. That’s just really not the case.”

AB 486 is due to expire on June 5, 2023, or when the $360 million in rental relief funds allotted to Nevada is spent.

Shelter Realty is a Real Estate and Property Management Company specializing in the areas of HendersonLas Vegas and North Las Vegas, NV. Feel free to give us a call at 702.376.7379 so we can answer any questions you may have.

Eviction Moratorium

SCOTUS Strikes Down Biden Admin Eviction Moratorium; Clears Way For Potentially Millions Of Evictions To Begin

LAS VEGAS, NV – The United States Supreme Court on Thursday issued a ruling that struck down the latest eviction moratorium enacted by the Biden Administration – stating that it can only be extended via Congressional legislation – clearing the way for potentially millions of evictions across the country to begin.

The newly-invalidated eviction moratorium was initially issued on August 3 by the Centers for Disease Control and Prevention (CDC); this was done after a previous ban was allowed to lapse on July 31 after the Supreme Court had ruled that it could only continue through an act of Congress, which failed to materialize due to lack of support.

Nonetheless, the Biden Administration issued a more targeted eviction moratorium, aimed at areas with high infection rates; President Job Biden himself told reporters that he doubted it would pass Constitutional muster, but hoped that time eaten up by legal challenges would give states more time to distribute $46.5 billion in federal rental assistance funds. The moratorium had originally been scheduled to expire October 3.

The new moratorium – much like the original – was aimed at preventing homelessness by not allowing evictions due to financial hardship experienced from the COVID-19 pandemic; however, the Supreme Court declared Thursday that it was beyond the CDC’s authority.

“If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it,” the Supreme Court’s ruling stated, effectively ending the eviction ban immediately.

Liberal Justices Sotomayor, Kagan, and Breyer, dissented from Thursday’s ruling.

The eviction moratoriums have been an especially strong hardship for smaller mom-and-pop landlords; currently, according to reports, as many as 15 million households in the United States owe a combined total of approximately $20 billion in back rent, with about 58 percent of tenants currently behind on rent.

Meanwhile, landlords have been forced to not only allow their tenants to live for free in their properties, but they have also been required to maintain the properties out of their own pockets, driving many to financial ruin.

Shelter Realty is a Real Estate and Property Management Company specializing in the areas of HendersonLas Vegas and North Las Vegas, NV. Feel free to give us a call at 702.376.7379 so we can answer any questions you may have.


Study Finds CDC Eviction Moratoriums is Battering Nevada Landlords and Economy

LAS VEGAS, NV – According to a recent study, the eviction moratoriums enacted by the Centers for Disease Control and Prevention to help reduce homelessness during the COVID-19 pandemic have had the incredibly negative side-effect of proving extremely costly to both Nevada landlords and the state’s overall economy.

The positive benefit to Nevada’s economy that is generated by the state’s residential rental industry is estimated to have decreased by a full 9 percent – or a whopping $511 million – in 2020 when compared to the pre-pandemic year of 2019, according to the report released last Thursday.

In addition, lost wages and their subsequent lack of contribution to the state’s economy due to the eviction bans have cost Nevada approximately $12.6 million in lost sales and use tax revenue in 2020 as well.

The report also found that small mom-and-pop landlords – who make up the majority of the rental marketplace in Nevada – have suffered the most financially from the eviction bans, with an average loss of approximately $1,870 per unit. In addition, landlords with over 30 units have been deprived of about $350 per unit, with an average of $422 per unit lost between March 2020 and February 2021.

Nevada Realtors and Nevada State Apartment Association President Brad Spires noted that the report helps put this damage caused by the CDC eviction moratoriums into perspective from an economic point of view.

“It reinforces what we’ve been saying throughout this pandemic about the disproportionate harm these policies have had on individual property owners who depend on rental income to survive,” he said.

The report arrived at these findings by surveying 140 landlords and property management firms, who own a combined 21,000 units among them.

Shelter Realty is a Real Estate and Property Management Company specializing in the areas of HendersonLas Vegas and North Las Vegas, NV. Feel free to give us a call at 702.376.7379 so we can answer any questions you may have.

U.S. Court of Appeals

Appeals Court Upholds CDC Eviction Moratorium; Case Set to Go to Supreme Court This Week

LAS VEGAS, NV – The U.S. Court of Appeals issued a ruling on Friday that upheld the eviction moratorium enacted by the Centers for Disease Control and Prevention (CDC) on August 3, after the previous eviction ban was allowed to lapse by Congress. The next stop for the case, filed by a group of Alabama and Georgia landlords, is the Supreme Court, which is slated to hear the case this week.

A three-judge panel of the U.S. Court of Appeals ruled against the plaintiffs who were seeking to block the new moratorium, but the landlord groups quickly pivoted and filed an emergency motion with the Supreme Court. In turn, Chief Justice John Roberts has ordered the administration of President Joe Biden to respond to the lawsuit by 12pm on Monday.

“As five Members of this Court indicated less than two months ago, Congress never gave the CDC the staggering amount of power it claims,” the motion filed by the landlords read.

This quote in the motion refers to the previous decision rendered by the Supreme Court in June that allowed the CDC’s first eviction moratorium to remain in-place until its original expiration date of July 31. However, Brett Kavanaugh – who voted with the 5-4 majority in that ruling – noted that he would not support any further extensions of the eviction ban without the approval of Congress, which failed to materialize.

After the ban was allowed to expire, CDC Director Dr. Rochelle Walensky announced the new eviction ban, citing the rapid spread of the Delta variant of COVID-19. The new ban applies to counties where at least 50 cases of COVID-19 per 100,000 people have been reported over the past seven days, which currently covers nearly 95 percent of all U.S. counties.

The new ban is set to expire October 3, but can be lengthened or shortened based on changes in the spread of the virus.

President Biden himself has admitted to reporters that the new CDC eviction ban many not be constitutional, but noted that any legal challenges would grant extra time for states to distribute federal rent relief funds.


Arizona Developer Planning to Break Ground This Year on North Las Vegas Rental Houses

LAS VEGAS, NV – North Las Vegas is set to receive a slew of new rentals homes soon to help address Southern Nevada’s intense housing demand, as an Arizona developer has announced that they are set to break ground on a tract of dwellings later this year.

Rental homes have made up a growing segment of the housing market in Las Vegas, as the booming economy and the slow-but-steady withdrawal of the COVID-19 pandemic have given rise once again to the need for affordable rental properties.

Avenue North, originally opening their doors for business in 2011, is looking to begin development of the 165-unit project –  which will be built on nearly 12 acres running along Simmons Street, just south of Ann Road – within the next three or four months, according to founder Ryan Hartman.

The property itself was purchased by Avenue North in late 2019, and Hartman notes that the development – which will be in partnership with Arizona real estate firm Harvard Investment – will be coming in at approximately $50 million in cost.

In addition to feature single-family homes with backyards, the project will also include such amenities as a clubhouse, fitness center and a pool, just like many high-end apartment buildings.

While most of the houses will be stand-alone, detached models, Hartman noted that 29 of them are planned to sit on top of a row of five parking garages, one garage going to the home sitting atop it, and the other four being made available to rent to other tenants in the development.

Hartman’s project is his first ground-up rental development in Southern Nevada, he said, adding he has multiple projects in Phoenix and is looking to buy land for more in the Las Vegas area.

Build-to-rent housing communities have been rising in popularity with renters, developers, and investors, with noted companies such as American Homes 4 Rent, The Calida Group, and Moderne Communities getting in on the action in Southern Nevada.

Shelter Realty is a Real Estate and Property Management Company specializing in the areas of HendersonLas Vegas and North Las Vegas, NV. Feel free to give us a call at 702.376.7379 so we can answer any questions you may have.


U.S. Court of Appeals Expected to Issue Ruling on CDC Eviction Moratorium This Week

LAS VEGAS, NV – The U.S. Court of Appeals for the District of Columbia is expected to issue a ruling this week as to whether or not the recent eviction moratorium set in place by the Centers for Disease Control and Prevention (CDC) will be allowed to continue.

The new, limited moratorium was imposed by the CDC on August 3, 2021, covering areas with substantial and high transmission of COVID-19 – currently covering about 90 percent of the U.S. population – in response after a previous moratorium, originally set in place on September 4, 2020, had expired on July 31, 2021.

The Court of Appeals set an expedited schedule in response to a lower court’s ruling on Friday, when U.S. District Judge Dabney Friedrich declared the CDC’s eviction moratorium to be illegal, but nonetheless said that she was forced to allow it to stand for the time being, stating that her “hands are tied” by a previous decision handed down by an appellate court earlier in the year.

The Justice Department has been given by the Court of Appeals until 9 a.m. Tuesday to respond; the plaintiffs, made up of Alabama and Georgia realtors, have until Wednesday morning. Both parties have requested that the court issue its ruling on the matter by Thursday, with the realtors stating that “This Court should do what the district court thought it could not.”

If the Court of Appeals does not end the CDC’s eviction moratorium, the plaintiffs are expected to take the matter to the Supreme Court, who had previously ruled against the previous moratorium being ended before its July expiration date. However, Justice Brett Kavanaugh – who had voted not to end the eviction ban early – also noted that he would also reject any additional extensions without Congressional legislative action, which failed to take place.

Shelter Realty is a Real Estate and Property Management Company specializing in the areas of HendersonLas Vegas and North Las Vegas, NV. Feel free to give us a call at 702.376.7379 so we can answer any questions you may have.


Nevada State Apartment Association Reacts to New CDC Eviction Moratorium: “Enough is Enough”

LAS VEGAS, NV – Since the Centers for Disease Control and Prevention (CDC) issued their initial eviction moratorium in September of 2020, landlords have been unfortunately caught in a tug-of-war between the federal government and their tenants that reside in their rental properties, all due to the COVID-19 pandemic, a national malady that seems to refuse to go away.

Many landlords are understanding of the financial issues that their tenants may have encountered as a result of the pandemic, but at this point the CDC’s eviction moratorium has been ongoing in one form or another for nearly a year. The latest ban on evicting tenants for failure to pay rent for reasons related to COVID-19 is slated to expire on October 3, but who’s to say it won’t be extended yet again?

In the meantime, a recent article has laid bare what landlords are going through in Las Vegas – many of them small mom-and-pop operations who rely on rent money for their livelihoods or retirement – and the feelings that they are expressing can be summed up in one word- “enough.”

In the article – a commentary by Susy Vasquez, executive director of the Nevada State Apartment Association – it is pointed out that the burden of the economic issues being faced by so many in this country today are unfairly – and solely – being placed on the backs of landlords.

“No other industry has been asked to give away its goods and services for free during this global pandemic,” she said. “No other industry has had a cap placed on its ability to charge a fair market price for its products or services. And no other industry facing this situation provides one of the basic human necessities: housing.”

“Rental housing providers in Nevada and nationwide have been forced by our federal government to house everyone for free, if needed, only to learn months later that not all renters would qualify for government-provided rent assistance,” she continued.

Vasquez points out that landlords had been previously assured that eviction bans would not be extended again… only to discover that was not true, as evidenced by the CDC’s new moratorium, issued on August 3. The author also notes that it is highly likely that the CDC’s current eviction ban is illegal and is already being challenged in the courts, but the trust between landlords and the federal government is already tarnished.

Vasquez states that the CDC eviction ban was more about buying time to distribute federal rental assistance funds than anything else – a process that has been slow to roll out at the state level – and points out that the longer this process goes on, the worse it will be for all parties involved.

“The CDC’s eviction order leaves renters facing insurmountable debt and jeopardizes the ability of rental housing providers to provide safe, sustainable and affordable housing,” she said. “The distribution of critical rental assistance has been painfully slow. Renters and rental housing providers desperately need these funds to catch up on their bills.”

If landlords are forced to shoulder this burden much longer, Vasquez says, many will soon be in the same situation that many of their tenants face… or worse.

“The bottom line is that eviction is always our last resort. The housing industry is in the business of housing people and trying to find another tenant means additional lost rent and more hassle for housing providers,” she said. “Enough is enough. Rent assistance needs to be made a top priority and be distributed to those in need at a much faster pace, making landlords and tenants whole.”

Shelter Realty is a Real Estate and Property Management Company specializing in the areas of HendersonLas Vegas and North Las Vegas, NV. Feel free to give us a call at 702.376.7379 so we can answer any questions you may have.

Eviction Moratorium Extension

CDC Issues New “Potentially Illegal” Eviction Ban for “High COVID Infection” Areas; 12 Counties in Nevada Affected

The Centers for Disease Control and Prevention (CDC) issued a new national eviction moratorium on Tuesday – after the previous one had expired over the weekend – with this one not taking the form of a “blanket” ban on evictions, but instead targeting counties in the United States with high infection rates of COVID-19.

And while the CDC’s announcement was initially met with waves of confusion over what areas in the country would be affected by it, the question for our readers was quite obviously “will the new eviction ban impact Nevada landlords – especially those in Clark County – yet again?” And, after a few days of waiting, we finally have our answer: yes, it will.

Nevada Health Response indicates that 12 of Nevada’s 17 counties qualify as “substantial” or “high” transmission rate areas, and as a result, those 12 counties are now under the mandate of the CDC’s moratorium not to evict tenants who are unable to make rent payments due to financial hardships brought about by the COVID-19 pandemic. “Substantial” transmission is 50 to 100 cases per 100,000, or a positivity rate between 8 percent and 10 percent, and “high” transmission is 100 or more cases per 100,000 people or a positivity rate of 10 percent or higher.

The new eviction moratorium, slated to expire on October 3, currently affects the following counties in Nevada: Carson, Churchill, Clark, Douglas, Elko, Lincoln, Lyon, Mineral, Nye, Storey, Washoe, and White Pine.

The CDC has stated that the purpose of the new moratorium is to give time to U.S. residents to access billions of dollars in federal rental assistance funds, funds that have been proven to be notoriously slow to distribute.

However, many experts have opined that the CDC’s new eviction moratorium is almost certainly illegal. This may be especially true in light of a recent Supreme Court ruling that the previous eviction ban could not continue beyond July without legislative action on the part of Congress, which failed to happen. In fact, the Biden Administration has already received a legal challenge to the CDC’s new ban, which a U.S. District Judge decreed must be responded to by August 6.

Shelter Realty is a Real Estate and Property Management Company specializing in the areas of HendersonLas Vegas and North Las Vegas, NV. Feel free to give us a call at 702.376.7379 so we can answer any questions you may have.


As Eviction Moratorium Comes to an End, Governor Sisolak Urges Residents to Seek Rental Assistance

LAS VEGAS, NV – After several controversial extensions since it was originally instituted in the fall by the Centers for Disease Control and Prevention (CDC) to prevent homelessness during the COVID-19 pandemic, the federal eviction moratorium finally came to an end on July 31, and now thousands of households in Nevada are facing potential eviction for nonpayment of rent.

In order to help in the only way he currently has available to him, Governor Steve Sisolak is now urging Nevada residents who are behind on their rent and anticipate being evicted in the very near future to do their best to seek out rental assistance programs that are available to them.

“I want to be clear, if you are a renter you must apply for this assistance,” Sisolak said. “Filling out and submitting an application is the best thing you can do right now if you fear you may be evicted for nonpayment of rent.”

Sisolak, during a virtual news conference held this weekend, continuously urged residents to apply for rental assistance, since the recently-passed Assembly Bill 486 temporarily halts the eviction process for renters until the aid applicant is notified of the outcome. The bill also allows landlords to apply for aid on behalf of tenants who are behind on rent but for whatever reason have not applied for aid themselves.

“We have plenty of rental assistance money available through funds from the federal government,” Sisolak said. “There are dedicated people through all levels of government working to process those payments as quickly as possible.”

Applying for rental assistance from the CARES Housing Assistance Program – both by tenants and landlords – can be done by clicking here. Eligible applicants must be able to show how they have been financially impacted by the pandemic and meet income requirements.

Shelter Realty is a Real Estate and Property Management Company specializing in the areas of HendersonLas Vegas and North Las Vegas, NV. Feel free to give us a call at 702.376.7379 so we can answer any questions you may have.


The Federal Eviction Moratorium Ends August 1; What Will it Mean for Landlords?

LAS VEGAS, NV – The eviction moratorium instituted and extended by the Centers for Disease Control and Prevention (CDC) is finally slated to come to an end on August 1, and while it will likely result in thousands of eviction cases for Nevada residents – as well as residents nationwide – what exactly will it mean for the landlords who have been chomping at the bit for over a year to finally get their properties back in their possession?

For landlords who are finally hoping for things to go back to pre-pandemic “normal,” they may find that they have a bit longer to wait due to actions by Nevada Governor Steve Sisolak and the State Legislature.

According to the Nevada State Apartment Association, courts have already processed large amounts of eviction paperwork filed in anticipation of the end of the CDC eviction ban, but landlords should expect the process of getting their soon-to-be former tenants out of their rentals to take some time and potentially, serious effort.

Simply put, every eviction will require constables to proceed with locking out the former tenants, and the massive tidal wave of evictions that are anticipated to come in August will stretch both the resources of said constables – as well as their ability to communicate with landlords over what units need attention – very thin.

With that being the case, the actual process of evicting everyone that requires it will already take an extended period of time over and above the norm; however a new law signed by Governor Sisolak could make that process take even longer to carry out.

The law – Assembly Bill 486 – protects tenants from eviction who have submitted an application for federal rental assistance until their application has been approved or denied by Clark County’s CARES Housing Assistance Program, a process which could take months.

In addition, renters are under no obligation to inform landlords that they have applied for rental assistance – or the status of their application – unless they are in the process of being evicted.

And finally, Nevada Assemblyman Howard Watts’ new law – Assembly Bill 141 – seals all eviction records due to non-payment of rent caused by pandemic-related financial hardship, making it more difficult for landlords to properly vet prospective new tenants.

While landlords may finally be seeing a light at the end of the tunnel in terms of the pandemic, they unfortunately may still have a ways yet to go before things get back to normal.

Shelter Realty is a Real Estate and Property Management Company specializing in the areas of HendersonLas Vegas and North Las Vegas, NV. Feel free to give us a call at 702.376.7379 so we can answer any questions you may have.


Demand: Las Vegas Rents Currently Growing Faster Than Any Other Large U.S. Metro Area

LAS VEGAS, NV – Low inventory and high demand of apartment units in the Las Vegas Valley are causing rents to skyrocket to near record-breaking levels, a sign of Nevada’s economic recovery as COVID-19 ebbs into its final days. However, the continuing increases in rent in Clark County has come with a downside as well; hardship for some vulnerable local area residents who may have already been having difficulty keeping up with their payments due to the pandemic.

Rents in Las Vegas, while still well below the national average – as of June 2021, the average rent in the Las Vegas Valley was $1,591, whereas the national average is $1,799 – are nonetheless currently increasing at a faster rate than any other large U.S. metro area. Out of the top 50 U.S. metro areas, the speed of Vegas’ rent increases was at the top of the list, with a jump of 3.6 percent from May to June, which equates to approximately $55. Year-over-year from February 2020 to February 2021, Las Vegas rents have surged almost 20 percent, or $260.

Some Clark County tenants are reporting that they’re seeing their monthly rent jumping by as much as $200 or $300. For some – especially many seniors who are on fixed incomes – sudden increases this large can cause financial struggle and force people to cut difficult corners to get by.

Demand is seen as the main driving force behind the rent acceleration; with the pandemic dying down, businesses are hiring again, people are getting jobs, and new college graduates are entering the workforce heading out on their own for the first time. Rents are reportedly growing quickly throughout the country, but again, currently Vegas lays claim to the fastest rates of them all.

And experts are predicting this trend will continue as the country opens up and the economy recovers, but developers in Las Vegas who are hard at work on building several new apartment complexes are expected to help stabilize rents as more units are made available to satisfy demand.

Shelter Realty is a Real Estate and Property Management Company specializing in the areas of HendersonLas Vegas and North Las Vegas, NV. Feel free to give us a call at 702.376.7379 so we can answer any questions you may have.

Las Vegas Boulevard

Ariva Apartment Complex Currently Slated to Open South of Las Vegas Strip by End of 2021

LAS VEGAS, NV – A huge apartment building slated to open just south of the famed Las Vegas Strip by the end of 2021, is expected to add more options to the cityscape for people looking for homes to rent near the very heart of Vegas.

Ariva – a 754-unit complex situated several miles off of the west side of Las Vegas Boulevard and just north of Starr Avenue – is currently in the midst of construction efforts, and the initial phase of its development is slated to be open by the end of the year, with the remaining portion of the building expected to be completed at some point in 2023, reports say.

In addition to rental units, Ariva is also planned to encompass approximately 75,000 square-feet of space for retail establishments, restaurants, and office space; this aspect of the complex is expected to be completed before the residential units, according to the developer.

Ariva is located in a less-developed area consisting mostly of tracts of desert, in contrast to the hustle and bustle of the Las Vegas Strip; however, this part of Vegas is seeing more and more investors snapping up land and developing housing projects to accommodate the huge demands of the local real estate industry.

Owned by Silicon Valley-based WTI Inc., Ariva will feature a number of amenities for its residents, including four pools, a yoga studio, basketball and volleyball courts, dog parks, and a sky deck that will offer views of the Las Vegas valley, the developer says.

Another nearby project in the works is Mosaic, a 797-unit townhouse complex off Las Vegas Boulevard at St. Rose Parkway, which offers units in the price range of $260,000 to the low $300,000-range. The developer reports they have already closed on 240 of the units available, with over 200 more currently on their waiting list.

Shelter Realty is a Real Estate and Property Management Company specializing in the areas of HendersonLas Vegas and North Las Vegas, NV. Feel free to give us a call at 702.376.7379 so we can answer any questions you may have.