NLIHC was joined by Wake Forest University law professor Emily Benfer in an amicus brief supporting a lawsuit brought by the American Civil Liberties Union (ACLU) on behalf of KC Tenants, a tenants’ rights organization in Jackson County, Missouri. The suit asserts that an administrative order issued by Jackson County in response to the Centers for Disease Control and Prevention (CDC) eviction moratorium undermines the intent of the moratorium and puts tenants eligible for moratorium protections at risk of eviction.
The CDC issued on September 1 a national moratorium on evictions for nonpayment of rent. In order to receive eviction protections, tenants must meet certain eligibility requirements and submit to their landlord a signed declaration asserting they meet the eligibility requirements under penalty of perjury. While the CDC’s order does not require tenants to provide evidence they meet the eligibility standards, recent guidance (see Memo, 10/13) – echoed in Jackson County’s administrative order – allows landlords to challenge the validity of tenants’ declarations and to pursue eviction of a covered tenant, even if they cannot legally evict the tenant until after the moratorium expires on December 31, 2020.
The lawsuit alleges the administrative order emboldens landlords to harass or retaliate against covered tenants, thereby discouraging tenants from seeking coverage under the moratorium and undermining the moratorium’s intent. The amicus brief filed in support of the plaintiff notes that, by creating additional barriers for tenants in need of eviction protections, the administrative order will increase evictions among low-income renters and increase the likelihood of coronavirus infection. Moreover, the brief emphasizes the disproportionate impact of both evictions and coronavirus on households of color, and specifically Black, Native, and Latino households.
Read the brief at: https://tinyurl.com/y4lltekr
Learn more about the lawsuit at: https://tinyurl.com/y3r75yo5
Learn more about the CDC’s eviction moratorium at: https://tinyurl.com/y6qorkv2