Moratoria on Evictions and Foreclosures
Governor Reeves issued Executive Order No. 1477 on April 24, 2020, that imposed a moratorium on evictions of residential properties, Executive Order No 1484, issued on May 14, 2020, provides that the moratorium on evictions will expire on June 1, 2020. There has not been a moratorium on eviction of commercial tenants.
There is no moratorium on foreclosures under Mississippi law.
The federal CARES Act imposed a moratorium on residential evictions by borrowers with certain federally backed loans. This moratorium only applies to evictions resulting from non-payment of rent, and not to other defaults. Guidance from HUD about the moratorium on evictions is available at https://www.hud.gov/sites/dfiles/PIH/documents/PIH-HCV-Mod-Rehab-Eviction-QA.pdf.
HUD also has imposed a moratorium on foreclosures of FHA-insured mortgages, and evictions of persons from properties securing FHA-insured mortgages, through June 20, 2020. The moratorium does not apply to vacant or abandoned properties. A copy of the letter from HUD to mortgagees is available at https://www.hud.gov/sites/dfiles/OCHCO/documents/2020-13hsngml.pdf.
Executive Order No. 1477 of the Governor of Mississippi states in relevant part, “Nothing in this Executive Order shall limit or alter the authority of any local or county authority from adopting orders, rules, regulations, resolutions and actions that are more strict than those established herein,.…” Can municipalities and counties in Mississippi enact restrictions on evictions and foreclosure? Local governments in other states have enacted local ordinances to protect tenants and mortgagors. For example, the City of Seattle, Washington has enacted ordinances that create a defense to eviction for failure to pay rent during or within six months after the declared emergency if the tenant declares a financial hardship; allow tenants who miss rent payments during or within the six-month period following the emergency to repay in installments with no interest or penalty; and prohibit landlords from evaluating a prospective tenant by considering an eviction that occurred during or within six-months after the declared emergency, and creates a rebuttable presumption against a landlord with knowledge of an eviction during that period who decides not to rent to the tenant. Could a municipality in Mississippi adopt similar ordinances?
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