Certified Mail and Service of Process

 In April 2020, the United States Postal Service (USPS) modified its signature requirements for certified mail receipts. To reduce health risks, they are temporarily modifying customer signature capture procedures. While maintaining a safe, appropriate distance, employees will request the customers first initial and last name so that the employee can enter the information on the electronic screen or hard copy items such as return receipts, PS Forms 3811 and 3829. https://faq.usps.com/s/article/USPS-Coronavirus-Updates-for-Residential-Customers#mailing_shipping USPS prepared a video outlining the process: https://www.youtube.com/watch?v=2rn0LXFFMao&feature=youtu.be

Please note that the USPS signature requirement modification may impact the sufficiency of service of process to the extent a party relies on Federal Rule of Civil Procedure 4(e)(1) and applicable state law requirements to affect service.

Evictions and Covid

 On September 1 the CDC issued an Agency Order entitled “Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19,” suspending certain residential evictions through December 31, 2020. The order does not suspend mortgage foreclosures. To take advantage of the suspension, the tenant must sign a declaration form averring the following:

1. The individual has used best efforts to obtain all available government assistance for rent or housing;
2. The individual either (i) expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), (ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
3. The individual is unable to pay the full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary out-of-pocket medical expenses;
4. The individual is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses; and
5. Eviction would likely render the individual homeless— or force the individual to move into and live in close quarters in a new congregate or shared living setting— because the individual has no other available housing options.