Nebraska Eviction Trials Postponed by Ricketts’ Order

Nebraska Gov. Pete Ricketts signs LB 1198 into law, providing emergency COVID-19 relief funding for the state. (Courtesy Nebraska Governor’s Office)
After public officials pleaded with landlords to avoid evictions during the pandemic, Gov. Pete Ricketts issued an executive order last Wednesday protecting renters directly affected by COVID-19 from facing eviction until June.
The Apartment Association of Nebraska also announced a 90-day halt on evictions due to financial hardship, with its members committing to implementing payment plans for delinquent rents, waiving fees and working with tenants obtain financial support from government and community resources. The industry organization represents management of 46,000 apartments across Nebraska.
Ricketts praised the landlords for their indepedent action.
“That is a great example of just Nebraskans coming together and doing the right thing,” he said.
In an executive order, Ricketts prevented the eviction of renters unable to pay rent due on or after March 13 because of the pandemic. Eviction proceedings related to unpaid rent are halted until May 31, although not for reasons such as criminal conduct, vandalism or violating other lease terms.
Nebraska Supreme Court Justice Michael Heavican had previously said the courts lacked the authority to postpone eviction proceedings under state statute.
Ricketts said the relief measure is intended to help those who have become ill, lost income due to job loss or wage reduction, or missed work to care for a loved one, such as a child who cannot attend school or a sick family member, due to the pandemic. A renter is required to produce documentation or other evidence to invoke the order’s protections.
“It is important to note that this is really about targeting those people who have been impacted by coronavirus,” Ricketts said.
The order also explicitly states that a tenant cannot be evicted for having COVID-19 or for being suspected or investigated for having COVID-19, including under neighborhood or condominium agreements or similar other cooperative housing agreements.
Legal Aid of Nebraska, one of the advocacy groups that had been calling for an eviction moratorium, praised Ricketts’ action as “visionary, yet practical” in a social media post Wednesday.
“This action will now protect hardworking Nebraska tenants who are and will be affected by the public health emergency posed by the spread of COVID-19,” the group stated. “Halting these evictions ensures that people of all ages and backgrounds can be secure in knowing they have a place to self-quarantine or take care of sick family members during this emergency.”
Ricketts asked tenants to work to meet their contractual obligations. The executive order does not cancel any rent payments, nor does it revoke a landlord’s right to a trial in an eviction action – it simply delays it until May 31, unless the order is extended.
A copy of the order can be found at bit.ly/2QLOpWp.
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