Moratorium


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Moratorium

A suspension of activity or an authorized period of delay or waiting. A moratorium is sometimes agreed upon by the interested parties, or it may be authorized or imposed by operation of law. The term also is used to denote a period of time during which the law authorizes a delay in payment of debts or performance of some other legal obligation. This type of moratorium is most often invoked during times of distress, such as war or natural disaster.

Government bodies may declare moratoria for a broad range of reasons. For example, a local government may attempt to regulate property development by imposing a moratorium on the issuance of building permits. The legality of such a moratorium is generally determined by measuring its impact on the affected parties. In 1987 the U.S. Supreme Court held that certain moratoria on property development may be unconstitutional takings, thus making it more difficult for local governments to slow development in their communities (First English Evangelical Lutheran Church v. Los Angeles County, 482 U.S. 304, 107 S. Ct. 2378, 96 L. Ed. 2d 250). On the other hand, in 1995 the Court upheld a thirty-day moratorium on lawyer advertising that was challenged as an infringement of First Amendment rights (Florida Bar v. Went For It, Inc., 515 U.S. 618, 115 S. Ct. 2371, 132 L. Ed. 2d 541).

Many state legislatures have passed moratorium legislation in response to popular demand for debt relief during emergencies. The constitutionality of these statutes is determined using a two-pronged analysis. First, the courts consider the effect of the moratorium on the rights of the parties to the impaired contract. If the moratorium changes only the remedy for breach and not the terms of the contract, it is generally upheld (see Sturges v. Crowninshield, 17 U.S. [4 Wheat.] 122, 4 L. Ed. 529 [1819]). Second, if the moratorium is a response to a bona fide emergency, it is upheld (see Johnson v. Duncan, 3 Mart. 530 [La. 1815], upholding a moratorium passed when the British invaded Louisiana in 1814).

As a function of its Police Power, a state may suspend contractual rights when public welfare, health, or safety are threatened. However, this police power is limited by standards of reasonableness. During the World War I housing shortage, some New York landlords raised rents to exorbitant levels and evicted tenants who failed to pay. In response to what it perceived as a public health and safety emergency, the state legislature passed a law that limited rentals to reasonable amounts, gave courts authority to determine reasonableness, and prohibited landlords from evicting tenants willing to pay reasonable rents. The law was sustained by the U.S. Supreme Court in Marcus Brown Holding Co. v. Feldman, 256 U.S. 170, 41 S. Ct. 465, 65 L. Ed. 877 (1921).

An example of a contemporary debt moratorium is the Minnesota Mortgage Moratorium Act (1933 Minn. Laws 514), passed by the Minnesota legislature in response to a sharp rise in foreclosures on mortgaged farm property. The constitutionality of the act was challenged in Home Building & Loan Association v. Blaisdell, 290 U.S. 398, 54 S. Ct. 231, 78 L. Ed. 413 (1934), in which the Supreme Court upheld the legislation based on five criteria: a bona fide emergency existed; the statute addressed a legitimate societal interest; debt relief was granted only under limited conditions; contractual rights were reasonably protected; and the legislation was of limited duration. This act was extended until 1942. Fifty years later the Minnesota legislature responded again to public pressure to relieve farm debts by passing another Mortgage Moratorium Act (Minn. Stat. § 583.03 [Supp. 1983]).

Further readings

Amundson, Roland C., and Lewis J. Rotman. 1984. "Depression Jurisprudence Revisited: Minnesota's Moratorium on Mortgage Foreclosure." William Mitchell Law Review 10.

moratorium

n. 1) any suspension of activity, particularly voluntary suspension of collections of debts by a private enterprise, or by government or pursuant to court order. 2) In bankruptcy, a halt to the right to collect a debt. In times of economic crisis or a natural disaster like a flood or earthquake, there may be a moratorium on foreclosures or mortgage payments until the public can get back to normal activities and earnings.

References in periodicals archive ?
federal government to buy back leases in moratorium areas.
But Tagle said Creba was also drafting a position paper to air their concerns about the moratorium's impact on landowners as well as low-cost housing projects.
The moratorium decision comes after authorities declared an emergency in six provinces on the islands of Sumatra and Borneo where smoke from outbreaks of forest fires have started causing acute respiratory infections.
Arkansas Insurance Commissioner Alan Kerr emphasized that policyholders must request the extension offered by the moratorium from their insurance carrier.
Business and labor leaders from across the state turned out for the New Yorkers for Affordable Energy coalition forum focused on natural gas moratoriums in Westchester and Long Island.
"There is a process of elimination from there to the less problematic municipality to that where they say that there are many questions," Lilang said in connection with the selection of the municipalities to be exempt from the moratorium.
Pakistan among three dozen countries which voted against moratorium on executions
According to a report released by the Justice Project Pakistan (JPP) earlier this year, Pakistan accounts for 13 per cent of all global executions since December 2014, when it lifted a de facto moratorium on the death penalty.
Gobind however sought to assure the public that the government will only use these laws in exceptional cases, after Home Minister Tan Sri Muhyiddin Yassin announced last Friday that the Cabinet has decided to withdraw the moratorium on the Prevention of Crime Act (Amendment) 2017 (Poca), Prevention of Terrorism Act (Pota), Sedition Act 1948 and Security Offences (Special Measures) Act (Sosma) following the Sri Maha Mariamman Temple riot in Subang on November 26.
The representative of MEHR noted that governments were instructed to prepare an intergovernmental agreement on the establishment of a moratorium on industrial fishing forsturgeon at the third Summit of the Caspian littoral states held in Baku in November 2010.
Umbrella of Sawmillers Association members said the moratorium has been painful.
Secretary of the Interior Ryan Zinke issued Secretarial Order 3348 revoking the January 16, 2016, order 3338 issued by former Secretary Sally Jewell that placed a moratorium on federal coal leases.