Lawsuit: KC Tenants, ACLU say Jackson County Circuit Court evictions violate CDC order
The Jackson County Circuit Court is allowing eviction cases to move forward despite a federal moratorium barring such actions during the coronavirus pandemic, a federal lawsuit filed Wednesday claims.
Business closures and job losses that followed the onset of the COVID-19 pandemic earlier this year left many unable to afford rent. Circuit courts around Kansas City halted evictions during the spring but they resumed over the summer.
Earlier this month, the Centers for Disease Control and Prevention ordered a moratorium through the end of the year in the hopes of slowing the spread of COVID-19. Individuals seeking protection from eviction are required to fill out a form declaring that they meet income requirements, cannot afford rent because of job loss or medical expenses, have attempted to obtain government assistance and would be at risk for homelessness if they lost housing.
The suit, filed by KC Tenants and the American Civil Liberties Union, says the Jackson County Circuit Court’s procedures violate that moratorium.
Evictions must be filed and processed through a court before landlords can remove tenants. According to a statement from KC Tenants and the ACLU, the CDC order allows landlords to pursue cases though the moratorium but “prohibits and halts all stages of such evictions for tenants who submit a declaration.”
“The Jackson County (circuit) courts are allowing landlords to strip tenants of that right by evicting them in the middle of a pandemic and economic crisis,” said Tara Raghuveer, director of KC Tenants. “It’s inhumane and unconstitutional. We will continue to organize and fight back to ensure all Jackson County tenants have access to the safe, stable housing they deserve.”
The Jackson County Circuit Court declined to comment on the pending litigation.
Angela Alvis, who lives in Kansas City, said she lost her job in March. The federal stimulus check she received in April helped her get by for a while, but she has fallen behind on her rent.
Alvis was served with a court summons in an eviction case earlier this month. Her case is set for a hearing on Thursday. She filled out the form for CDC relief, but she said she hasn’t heard back from her landlord.
“We don’t have anywhere to go,” Alvis said. “I am afraid that I’ll be homeless with children.”
Alvis said if she and her children end up at a homeless shelter, they’ll likely be exposed to COVID-19. She said the pandemic is causing a lot of stress in an uncontrollable situation.
“It is not our fault that we’ve lost income or hours,” she said. “Even the jobs available aren’t offering enough hours to make ends meeting for a family of 5. I’m totally stuck and I thought that the CDC moratorium would protect me but, I guess I was wrong.”
The lawsuit challenges the legality of a circuit court order laying out procedures to comply with the federal moratorium. The suit says tenants facing eviction are denied due process because to participate, they must either access proceedings remotely or — for many who don’t have access to WiFi or reliable phones — come to court during a pandemic.
Raghuveer said a provision in the circuit court’s guidance that allows landlords to challenge tenants claims that they are entitled to protection under the CDC order “paves the way” for them to grill tenants over their financial position and what steps they had taken to seek other forms of assistance.
According to the ACLU, evictions disproportionately affect people of color and have long-term consequences “that further systemic inequalities in housing and education and make women more vulnerable to domestic and sexual abuse.”
“The order from the federal government is clear: People should not be put out of their homes during a global pandemic,” said Sandra Park, senior staff attorney with the ACLU Women’s Rights Project.
Tony Rothert, legal director of the ACLU of Missouri, said it was “disheartening that the Kansas City courts are flaunting the federal government’s directive.”
This story was originally published September 30, 2020 at 10:21 AM.
