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Brief filed imploring court to halt eviction proceedings

ACLU and ACLU of Missouri file emergency amicus brief in attempt to protect tenants from being kicked out of their home during COVID-19.

On Tuesday the American Civil Liberties Union (ACLU) and ACLU of Missouri filed an amicus brief with the Circuit Court of Jackson County, asking the court to immediately halt all stages of eviction proceedings and to quickly address violations of tenants’ constitutional rights arising from eviction proceedings during COVID-19, according to a news release from ACLU of Missouri.

In the midst of COVID-19, Missouri courts have begun hearing eviction cases without providing effective mechanisms to ensure tenants’ constitutional and statutory rights are protected, according to the release.

This brief presented argues two legal issues that say warrant the court’s immediate action.

The issue listed states that the federal CARES Act’s eviction ban requires a compliance procedure for determining whether a property is covered by the Act’s protections prior to filing an eviction action.

Although some courts require landlords to submit check-box forms indicating compliance with the CARES Act, these measures are implemented inconsistently and fail to provide tenants with any notice or opportunity to respond to the landlords’ assertions prior to the filing of an eviction case, the release said.

The second issue mentioned in the brief states that the remote and in-person proceedings taking place in Missouri violate tenants’ due process rights—leaving many tenants unable to participate in their defense and at risk of unfairly receiving a default judgment. 

Missouri remains one of only nine states in the nation that has not issued a statewide eviction moratorium to protect tenants from being kicked out of their homes during a global health pandemic

Tony Rothert, Legal Director of ACLU of Missouri referenced current protests across the country regarding race and how they tie into calls for change within housing, medical care and criminal justice.

“Protecting the constitutional rights of Missouri’s most vulnerable during a deadly global pandemic is vital to a fair, just, and thriving state,” Rothert said.

Missouri remains one of nine states in the U.S. that has not issued a statewide eviction moratorium to protect tenants from being kicked out of their homes during a global health pandemic