Litigation Resources

Ohio CDC Brief

Brief responding to landlord’s motion in Columbus, Ohio case for for eviction judgment against covered tenant on grounds that CDC eviction halt order is unconstitutional. Discusses Terkel v. CDC case and other federal opinions regarding constitutionality of CDC order. Drafted by Kaci Philpot, Zach Bowerman, and Jyoshu Tsushima of Legal Aid Society of Columbus with supervision of Melissa Benson. (March 4, 2021)

Amicus Brief (Massachusetts eviction moratorium) 

Submitted July 24, 2020, in Matorin v. Executive Office of Housing & Economic Development, a lawsuit pending in Massachusetts that challenges that state’s moratorium on “non-essential” eviction proceedings. Principally authored by NHLP with assistance from Joseph Sherman of MetroWest Legal Services in Framingham, Massachusetts. (July 24, 2020)

Complaint (FDCPA, state consumer protection act)

U.S. District Court complaint against eviction law firm alleging unfair debt collection practices and consumer protection act violations in connection with prosecuting evictions against tenants protected by the eviction moratorium under Sec. 4024 of the CARES Act. Complaint by Frank With of Legal Services of Eastern Virginia. (posted July 15, 2020)

Draft Complaint (disability discrimination, due process, right to petition/access to court, failure to train, denial of public access, free speech, CARES Act)

Ten count U.S. District Court complaint against housing provider and justice of the peace court for pursuing, hearing, and deciding unlawful eviction cases and for failing to adopt court procedures consistent with due process requirements and that provide equal access for people with disabilities and meaningful public participation. Prepared by Bill Quigley of Loyola Law School and Hannah Adams of Southeast Louisiana Legal Services. (posted July 15, 2020)

Louisiana Order of ReversalApplication, and Amicus Brief

These are litigation materials from Louisiana concerning a trial court’s denial of a request to hear an eviction case remotely due to the tenant’s disability, which rendered her unable to attend an in-person hearing due to a higher risk of serious consequences if infected with Covid-19. After the justice of the peace court declined to order a remote hearing, the tenant (represented by Hannah Adams of Southeast Louisiana Legal Services) filed an application for review in the Louisiana Court of Appeals, which was granted in this order. Bill Quigley and David Finger of Loyola University New Orleans filed an amicus brief in support of the application. (posted July 8, 2020)

Complaint Template

This is for use against a landlord or landlord’s agent for unlawfully filing or threatening to file eviction action in violation of the CARES Act. Created by Legal Aid Chicago, it includes both federal debt collection and state consumer protection act claims. (posted June 25, 2020)

Brief and Order of Dismissal

This trial court brief seeks dismissal of an eviction lawsuit unlawfully filed under the CARES Act in Douglas County, NE. The motion to dismiss was granted in the accompanying order. Notably, the court considered and rejected HUD’s implication in EM12 that non-subsidized units in properties participating in the Housing Choice Voucher Program are not covered by Sec. 4024 of the CARES Act.  The tenant was represented by Caitlin Cedfeldt of Legal Aid of Nebraska, who submitted a brief. (filed June 12, 2020)

Idaho Trial Court Amicus Brief Opposing Resumption of Eviction Proceedings

Idaho ACLU and Idaho Legal Aid filed this friend of the court brief in Ada County, Idaho, on behalf of tenants facing eviction in resumed Idaho unlawful detainer proceedings.  The brief raises extensive procedural due process arguments arising from general pandemic conditions as well as CARES Act moratoria, Idaho notice procedures, courtroom closures, and more.  (posted here May 11; filed May 4, 2020)

Virginia Petition for Writ of Prohibition and supporting Memorandum of Law

Seeking an order from the Virginia Supreme Court restrains a local trial court from resuming in-person eviction hearings until to adopts procedures necessary to comply with the CARES Act and for complying with state judicial administrative orders designed to protect the due process rights of litigants. These pleadings were filed in on May 18, 2020, by the Central Virginia Legal Aid Society and Virginia Poverty Law Center. These followed a similar Petition and Memorandum of Law filed by the Virginia Legal Aid Society and Virginia Poverty Law Center on May 15, 2020, with assistance from NHLP and other organizations.

State court administrative orders requiring plaintiffs in residential eviction lawsuits to plead or otherwise establish non-applicability of a CARES Act eviction restriction: