Global Crisis
Hub & Resource Center

Following the passage of its commercial eviction moratorium for certain qualified tenants in December 2020,[1] the San Francisco Board of Supervisors, on August 4, 2021, provided additional assistance to the same class of “Covered Commercial Tenants” by establishing a new evidentiary presumption aimed at excusing payment of past due rent. To the extent applicable, the presumption applies to all past due rent as of March 16, 2020...

On August 12, in a 6-3 decision, the U.S. Supreme Court issued an order enjoining the portion of a New York State statute which provided that tenants could establish that they had suffered COVID-related economic hardship by means of self-certification.  Under the New York law, eviction actions based on non-payment of rent could not go forward if a tenant submitted such a self-certification.  Under the law, landlords could not contest the tenant’s declaration in court...

A dangerous trap for an unwary insured looking for insurance coverage can be a notice provision. To trigger certain liability insurance policies, the insurer may require that a “claim” be both made against an insured and that the insured then report such claim to its insurer during the time the single insurance policy is in effect. This is what is known as a “claims-made-and-reported” policy. While this requirement may not be difficult for an insured in simple situations, like when a lawsuit is filed and the insured knows to quickly notify its insurer of the lawsuit and request coverage...

  On June 28, the Consumer Financial Protection Bureau (CFPB) issued a new rule (Rule) setting forth loss mitigation/loan modification steps residential mortgage loan servicers must take in regard to mortgage loan borrowers due to possible COVID-19 related hardship, and when servicers may or may not commence foreclosure proceedings.  The Rule will take effect on August 31, 2021 and remain in place until December 31, 2021.  The Rule does not replace or remove any state’s or local jurisdiction’s COVID related restrictions on foreclosures...

On June 7, 2021, the Department of Managed Health Care (“DMHC”) issued an All Plan Letter (APL-21-016) to the health care service plans it regulates, announcing that health care service plans must continue to cover certain COVID-19 testing for their enrollees beyond the now-expired DMHC’s emergency regulation[1] (“Emergency Regulation”). The DMHC relies on the Families First Coronavirus Response Act (FFCRA)[2] and Coronavirus Aid, Relief and Economic Security Act (CARES Act)[3] as the legal authority for this continued requirement...