The Real Deal: “Miami-Dade resumes pre-pandemic evictions after unannounced February break”

Miami-Dade County resumed executing writs of possessions for residential eviction cases filed before the pandemic, following an unannounced month-long break.

The police execute writs of possession, evicting residents or businesses from their properties. The move follows a final judgment in a court case.

Homeowners with federally backed mortgages are protected from eviction until at least March 31, per a federal moratorium from the U.S. Department of Housing and Urban Development.

On Nov. 13, former Miami-Dade Mayor Carlos Gimenez directed the police department to begin enforcing writs of possession for all cases filed on or before March 12, when the mayor declared a state of emergency. The policy continued under incumbent Mayor Daniella Levine Cava, who took office days after Gimenez’s order.

But by early February, Miami-Dade Police paused the service of writs of possession as the mayor’s office looked to clarify the policy, according to a spokesperson. That temporary change in policy was not announced in writing. The break ended on Thursday, the spokesperson confirmed.ADVERTISEMENT

In a court filing dated Feb. 2 for a foreclosure case dating back to 2015, the lender cited an “oral directive” from the mayor that led to the police refusing to execute a writ of possession. That residential borrower, who was foreclosed on, was evicted on Thursday, according to her attorney, David Winker.

In a memo issued on Thursday, the mayor re-stated her policy on evictions. Miami-Dade Police will also remove non-tenants who are identified as squatters.

Earlier this month, the Miami-Dade County Commission approved Levine Cava’s $60 million relief program for residential landlords with pending writs of possession for tenants facing eviction. The program offers landlords back rent of up to $3,000 per month. At that press conference, Michael Liu, Miami-Dade’s public housing director, said the courts had issued up to 1,700 writs of possession which would be prioritized.

According to Miami-Dade Police, the department executed two commercial and nine residential writs of possession on Thursday. From Nov. 12 until Thursday, 324 writs of possession have been executed.

View the original article here.

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