Federal judge denies KC Tenants lawsuit urging evictions stop during COVID-19 pandemic

A federal judge on Tuesday denied a KC Tenants request to halt evictions in Jackson County after the tenants’ rights organization claimed the county was violating a federal moratorium.

KC Tenants and the American Civil Liberties Union filed the lawsuit in U.S. District Court in the Western District of Missouri in September, against Jackson County Circuit Judge David Byrn, arguing that the court is violating a federal eviction moratorium by allowing cases to go forward.

Evictions, initially halted by area circuit courts in the spring, resumed over the summer.

That moratorium, issued by the Centers for Disease Control and Prevention earlier in September, runs through the end of the year. It hopes to slow the spread of COVID-19 by preventing homelessness.

“We’re disappointed that we did not get a preliminary injunction,” Tony Rothert, legal director of the ACLU of Missouri, which represents KC Tenants said Wednesday. “We understood at the beginning that it is very rare when federal courts get involved in state court proceedings. And we think this is one of the circumstances where that’s justified.”

In his ruling, Senior U.S. District Judge Howard Sachs wrote the federal moratorium on tenant evictions does not stop landlords from filing civil action against tenants, only from removing them from their properties.

Sachs did not rule on the tenant’s claim that Missouri law prohibits eviction proceedings while the CDC order was in effect.

Also in the ruling, Sachs pointed out that KC Tenants’ interpretation of the CDC moratorium was “a broad or loose reading.”

“...Would logically forbid all activity related to an eviction such as hiring a lawyer, or sending a notice, or filing suit, or obtaining money for a filing fee,” Sachs wrote.

Sachs said an administrative order issued by Byrn was consistent with the CDC moratorium.

Rothert said Sachs gave tenants some helpful guidance on how they should proceed with their petition.

“This was not a final decision on the merits, the case was not dismissed and it still goes forward. And we think we have some strong, strong arguments to get released in the end,” he said.

Sachs noted that as a practical matter the claims put forth by the defendants made sense. The balance of harms to those affected by the evictions is undisputed, he wrote.

There needs to be a national or federal solution in the form of rent support or reimbursing landlords when tenants are unable to pay rent due to the problems related to the coronavirus pandemic, Sachs suggested.

Rothert said it was essential that the local court find remedies or solutions for those who are unable to pay their rent during a global health crisis.

“The local court has the authority they need to correct this problem and protect tenants,” he said. “And even though the federal judge did not think that he could order them to, under these circumstances, the judge in Kansas City can take care of this problem if they want to.”

“And we are certainly hoping they will step up and do so because it will reduce the spread of COVID-19 and it will save lives,” he said.

In October, KC Tenants group chained themselves to the doors of the Jackson County Courthouse downtown and in an effort that shut down virtual eviction proceedings that day with online disruptions.

This story was originally published November 25, 2020 at 12:16 PM.