Community Corner
Divided Virginia Supreme Court Renews Eviction Moratorium
The majority wrote the coronavirus pandemic qualifies as a disaster under state code allowing the court to issue emergency judicial orders.
By Ned Oliver
August 7, 2020
A divided Virginia Supreme Court renewed an eviction moratorium sought by Gov. Ralph Northam, with a four-justice majority issuing an order Friday barring further hearings for non-payment of rent until Sept. 7.
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The majority wrote that the coronavirus pandemic continues to qualify as a disaster under state code that allows the court to issue emergency judicial orders modifying or limiting what cases can be heard.
BREAKING: The VA Supreme Court has granted my request for a statewide eviction moratorium through September 7th.
As the ongoing Congressional stalemate leaves Virginians without federal housing protection, this is a critical step towards keeping families safely in their homes.
— Ralph Northam (@GovernorVA) August 7, 2020
“The ease with which the COVID-19 virus can spread, the risks associated with traveling to and appearing in the courthouse for those acting pro se with certain health conditions that disproportionately afflict the economically disadvantaged, and the inability of many citizens to access the courts remotely or to hire lawyers who can argue on their behalf, may ‘substantially endanger’ or ‘impede’ the ‘ability of [tenants] to avail themselves of the court.’”
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Three justices, including Chief Justice Don Lemons, opposed halting eviction proceedings, writing that “there is not a person on this court who does not share a deep concern for people in these circumstances,” but that “the solution properly lies with the legislative branch and its responsibility to provide sufficient appropriations to fund rent relief efforts and with the executive branch to effectively administer such programs.”
Northam had requested the extension until Sept. 7 to give the General Assembly time to pursue legislation addressing the issue during a special session scheduled to begin Aug. 18.
This story was originally published by the Virginia Mercury. For more stories from the Virginia Mercury, visit VirginiaMercury.com.
