Order Invalidating Eviction Filing Moratorium Raises Concerns for D.C. 租户
2021年1月26日
A D.C. 高等法院 judge overturned the District’s eviction filing moratorium in December, ruling that the ban on new eviction filings is unconstitutional. The change will not result in immediate evictions because the court did not strike down the eviction moratorium itself, but the order allows landlords in some cases to file complaints for eviction during the public health emergency and allows cases that have been filed to proceed.
“Ending the filing moratorium will not directly result in any evictions during the public health emergency,” D.C. 高等法院法官爱泼斯坦在判决中说. “Nor will ending the filing moratorium automatically result in a flood of new eviction cases,因此，选D。.C.’s emergency legislation prohibits serving notices to quit (normally a prerequisite to filing an eviction action for non-payment of rent) until 60 days after the public health emergency ends.
Although the order may not result in significantly more court-ordered evictions, 仅仅是起诉的威胁或行为就会造成严重的伤害. 加布里埃尔Lewis-White, 公益中心的房屋管理靠谱的滚球平台, responded to the ruling: "Though actual eviction may not be immediate, the 高等法院's decision to strike down the eviction-filing moratorium as unconstitutional still has an adverse impact on residential and commercial tenants in the District. The mere filing of an eviction action can scare tenants into vacating their homes or their businesses.” Lewis-White continued “Many of the tenants at risk do not understand their legal rights or do not speak English. 如果这些房客住在避难所, 和家人一起, 或其他公共生活空间, they will face an increased risk of contracting the coronavirus.”
D.C. 司法部长也有同样的担忧. 在他1月15日提出的暂缓执行高等法院命令的动议中, the Attorney General cited statistics showing that “jurisdictions that enacted eviction-related moratoria and then allowed pre-eviction proceedings to resume saw faster and larger increases in the spread of COVID-19 and resulting deaths compared with jurisdictions that suspended eviction notices or filing.”
Struggling local businesses may be affected even more by lifting the filing moratorium. The emergency legislation on notices to quit does not benefit most commercial tenants who have waived their right to a notice to quit and can now be forced to appear in court to defend against eviction. 因为根据法庭规定, small business owners (other than sole proprietors) cannot represent themselves in D.C. 高等法院, they now must either retain a 法律yer to defend against the eviction action during the public health emergency or risk default.
The overall impact of the order invalidating the filing moratorium is yet to be seen. 一些驱逐行动将在法庭上进行，但根据D.C. 法律, 除了有限的例外, court-sanctioned evictions cannot begin until the public health emergency ends. 在本文发表时, the District’s public health emergency extends through March 17, 2021. 而联邦驱逐禁令将延长至3月31日, its provisions are generally viewed as less protective and tenants must apply to receive coverage under the act.
Lawyers interested in helping residential tenants or small businesses defend against eviction actions can train with the 公益性服务 Center and volunteer through our 宣传 & 正义的诊所 or our 非营利组织 and 小型企业法律援助 项目.
公益中心的倡导 & 正义的诊所 is also currently recruiting 法律 firms and federal government attorneys to represent individuals facing public benefits and family 法律 matters. 公益中心为我们的志愿者提供培训, 专家顾问, 以及其他资源，使他们能够成功地处理案件. 欲了解更多信息，请访问我们的 志愿页面 或电子邮件 (电子邮件保护).
