Efforts to cancel rent payments are hotly discussed at themoment with several drafted bills circulating at both the federaland state levels. However, don't expect these bills to moveforward. An Allen Matkins attorney says that theydo not pass legal muster.
Each drafted bill takes a different approach to rentcancelation. Some, provide funding to cover rent payments forqualifying renters. In those versions, the government would make apartial or full payment directly to the landlord. Other versionswould cancel rent completely without compensation to landlords.According to Tony Natsis, chair of Allen Matkins'Global Real Estate Group, these more extreme versions could beconsidered an illegal reclamation of property by the government."This is legislating owners out of existence. If you forgive renttotally, I think that it will come under attack under a number oflegal theories. I don't think it is supportable," Natsis tellsGlobeSt.com.
Natsis believes that rent cancelation bills are a long shot,saying, "I don't think that it will pass. I can't imagine it willpass at a national level, but it could pass at a state level."However, if they did manage to make it through, he expects theapartment market would quickly mobilize to push back, whethernationally or locally. "You are going to see a coalition of peoplebring a lawsuit [if those bills pass] immediately," he adds. "Therewill not be hesitation from national and regional organizations forapartment building owners."
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