ACLU, Idaho Legal Aid intervene to block ongoing evictions in Ada County amid pandemic
In an effort to protect Ada County residents from speedy evictions amid the coronavirus pandemic, the American Civil Liberties Union of Idaho and Idaho Legal Aid Services filed an amicus brief earlier this week to stop expedited eviction cases in the county.
In a news release Tuesday, ACLU of Idaho legal director Ritchie Eppink said these eviction proceedings present “profound constitutional problems” in Idaho.
“Determining when the law applies can be a complicated question,” Eppink said in the news release. “Combined with closed courthouses, telephone and video court hearings, lack of fair notice, and economic crisis, it is inhumane and unconscionable to throw families out of their homes during this pandemic.”
In the brief, the ACLU and ILAS argue that the ongoing eviction proceedings are not only public health risks, but also violate the U.S. and Idaho constitutions.
One of their arguments is that the eviction proceedings violate the recently passed CARES Act, which includes a provision for a 120-day moratorium on eviction proceedings for those in federally backed housing. Because of this, the organizations argue that eviction cases are too complex to be litigated in an expedited process.
The organizations also argue that summonses sent to defendants (tenants who are being kicked out) to appear in court are confusing, as many courthouses around the state are closed. Court staff have been reaching out to tenants to instruct them how to call in for hearings, but the ACLU and ILAS say the phone hearings are not enough to remedy the “confusing, misleading, and unconstitutionally insufficient summonses,” according to the legal brief.
The brief was filed Monday night to intervene in an ongoing eviction case in Ada County’s 4th District Court. The ACLU published a copy of the brief Tuesday and redacted the names of the defendant and plaintiff. Jeremy Woodson, ACLU spokesperson, said the case is one of a handful the ACLU knows about in Ada County.
Woodson went on to say that the ACLU believes these types of eviction proceedings are happening across the state.
In an email Wednesday, Administrative District Judge Melissa Moody said evictions will continue in Ada County as permitted by law, and the county will screen all cases brought before the court. If the CARES Act applies to a case, the proceeding will not go forward until after the 120 day moratorium, she said. If it does not apply, then the case will proceed.
The Idaho Supreme Court put a stop to most eviction proceedings in March and continued that into April. Earlier this week, the Supreme Court issued an amended order that required forms to be filled out for any eviction issued between May 4 and July 25, when the CARES Act protection is scheduled to end. The forms seek to determine whether a rental agreement is subject to CARES Act governance.
Eppink encouraged anyone facing a potential eviction and needing legal help to contact the Idaho Legal Aid Services housing hotline at 208-746-7541. The hotline is available 10 a.m.-12:30 p.m. and 1:30 p.m.-4:30 p.m. Monday through Friday.
As of Tuesday night, there has yet to be a response to the amicus brief filed in Ada County’s 4th District Court, according to Woodson.
