Landlord challenge to Arizona eviction moratorium denied by state Supreme Court
In August, the Arizona Multihousing Association, the Manufactured Housing Communities of Arizona and several rental owners filed to stop the state’s eviction ban, saying it was unconstitutional and violated apartment owners’ contracts with renters.
The Supreme Court declined to hear the case, saying it didn’t find a compelling reason why the legal dispute couldn’t be “initiated” in a lower court, according to an order filed Wednesday morning.
Landlords had asked the court to invalidate the moratorium that Gov. Doug Ducey had ordered March 24.
In late July, Ducey extended the moratorium, which protects renters who have been hurt by COVID-19 until Oct. 31 as long as tenants follow certain steps, such as applying for aid from Arizona’s eviction protection programs.
The Multihousing Association is “reviewing its options” for taking the case to a lower Arizona court, said Courtney Gilstrap LeVinus, CEO of the Arizona Multihousing Association.
Phoenix area evictions climbing
Metro Phoenix evictions are rising despite the state moratorium and the Centers for Disease Control and Prevention’s national eviction ban.
Eviction filings climbed to 2,863 in September, up from 2,171 in August and 1,768 in July, according to the Maricopa County Justice Courts.
The CDC ban that went into effect in early September covers renters who: lost income during the pandemic; can’t make full rent payments; will try to make partial rent payments; applied for rental help; and believe an eviction would leave them homeless or in cramped, unsafe living conditions.
Under the CDC rules, renters can’t earn more than $99,000 a year to qualify. Couples who file joint tax returns can make twice that much and qualify.
The Supreme Court’s decision “is important for tenants who don’t qualify for the CDC Order,” said Pamela Bridge, director of advocacy and litigation at the Arizona nonprofit Community Legal Services. “They (those renters) can remain in their homes if they qualify for the governor’s order through the end of October.”
Landlords disappointed
Arizona’s biggest landlord group said the state Supreme Court’s decision left many rental property owners with “little hope as they try to navigate six months of unpaid rent and an uncertain future.”
“We’re shocked and disappointed that the Arizona Supreme Court has declined to hear this case,” LeVinus said. “We can fully expect to see a rental home foreclosure avalanche in the months to come, or certainly in the beginning of 2021.”
Source: azcentral.com
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