Nonprofit calls for ban on evictions
Homelessness could add to spread of coronavirus
Wisconsin courts should immediately ban landlords and sheriff 's deputies from executing eviction orders and tossing tenants out of their homes for at least 30 days, according to the top official at Legal Action of Wisconsin.
In a letter to 39 chief judges, Deedee Peterson, the nonprofit's executive director, noted that Milwaukee and Dane counties have already closed their small claims courts where eviction cases are heard until at least April 3. In the letter that will be sent Tuesday, she is asking the judges to go a step further and halt the execution of eviction orders in each of their counties, which cover much of the southern half of Wisconsin.
“This is not the time to drive families into homelessness,” she wrote.
“A household may become homeless or be forced to double up with friends or family,” Peterson wrote. “Both of these conditions would facilitate the spread of COVID-19 and exacerbate the predicted strain on our health care systems.”
The letter is being sent to the chief judges in counties in the southern half of the state where Legal Action operates, said Christine Donahoe, housing priority coordinator for the nonprofit, which provides legal help to low-income people.
Landlords would still be able to file eviction actions even if the judges followed Peterson's suggestion.
Several cities around the nation, including San Francisco, Boston and Seattle, have enacted eviction moratoriums in response to the coronavirus pandemic. Local governments in Wisconsin are not permitted to issue this kind of ban because of a law passed about eight years ago.
The law prevents local governments from issuing moratoriums on evictions and was enacted as part of a series of Republican-sponsored legislation that resulted in more than 100 changes to landlord-tenant laws. The vast majority of the changes, which
were signed into law by then-Gov. Scott Walker, favored landlords.
Action on newly filed evictions have already ground to a halt in Milwaukee and Dane counties because officials there have shut down their small claims courts. But eviction orders — known as writs of restitution — are still being served by sheriff ’s deputies on previously approved cases.
“This morning they were still executing writs,” said Milwaukee County Circuit Judge Pedro Colon. “That is, they were evicting people.”
There are 25 eviction orders set to be executed by Milwaukee County sheriff’s deputies this week, said Faithe Colas, a representative for the office. The deputies are required to serve the eviction orders unless ordered by a court not to do so.
“The courts and and sheriffs should not be evicting any families during this crisis,” Donahoe said. “The courts have the power to tell sheriffs to stop kicking people out of their home.”
Donahoe said the ban would also protect the deputies who serve the eviction orders and could risk being exposed to the virus.
Heiner Giese, legal counsel for the Apartment Association for Southeastern Wisconsin, said issuing a ban on executing eviction orders is unfair to landlords.
“I don’t understand why you would stop the evictions that are already out there,” said Giese, adding that the cases that would be affected by the order have been pending for two to three months.
If a ban were issued, landlords “would have keep renting to a person even if they’re already out three months’ rent.”
The call to ban issuing eviction orders comes as landlords, tenants and lawyers are figuring out the effect that the temporary closing of numerous Milwaukee County courts, including small claims, will have on evictions.
While landlords can continue to file eviction actions, the litigation will pile up until the courts are open again to hear the cases.
More confusing is what will happen to stipulations frequently negotiated each day by tenants and landlords in the hallway outside of the courtroom where eviction cases are heard.
Those stipulations generally call for the tenant to pay back rent, current rent and possibly fines or fees. In return, the landlord agrees not to proceed with the eviction.
If the tenant misses a payment, the landlord can simply file an affidavit asking a judge or court commissioner to sign an eviction order. The tenant often is not notified until the eviction order is served.
Those writs, or eviction orders, will not be getting signed while the small claims court is closed in Milwaukee County, said Colon, the small claims court judge.
Colon said neither he nor the court commissioners who work in his court will issue eviction orders if a person defaults on the agreement while the courts are not operating.
“We’re closed,” Colon said. Colon expressed fears of what will happen when the courts return to normal operations and evictions resume.
In normal times, Colon said, there are about 250 who make an initial appearance in court each day after being served with an eviction suit. Many of those cases are resolved with the tenant either agreeing to move out or reaching a stipulation to pay the money owed and stay in the apartment.
In addition to the backlog of cases that will build up before the courts reopen, Colon said there will likely be an onslaught of new cases, given how many people are not working because businesses have shut down.
Many people work multiple jobs in the service industry, and are also supporting children, Colon said.
“A lot of people are working really hard — if this stuff continues for another month, it’s going to be really devastating.”
“A lot of people are working really hard — if this stuff continues for another month, it’s going to be really devastating.”
Pedro Colon Milwaukee County Circuit Judge