No Eviction Moratorium in Arizona

No Eviction Moratorium in Arizona

What’s up Phoenix, we’ve been meaning to make a post about this for a while now, but have been inundated with stories of folks being evicted and receiving lease termination notices. Casework is our priority.

Anyways, about a week ago now, this story of the great “eviction moratorium” of our great and perfect leader Doug Ducey being extended till October 31st thanks to his kind graces, started circulating around. We shared in our story that this was state-sponsored disinformation, but we’re going official with the post now.

Q: So, what is it that got extended anyways?

A: Executive Order 2020-14 (EO 2020-14)

Q: What’s that?

A: That’s the executive order that Douchey(sic) put into law March 24, 2020, and that contains stipulations that affect renters in AZ.

Q: Does EO 2020-14 protect tenants against being evicted?

A: No.

Q: Is there an eviction moratorium in Arizona?

A: No.

Q: Are people still getting evicted?

A: Yes.

Q: So what does EO 2020-14 actually do?

A: The text can be interpreted many ways, but in essence, it provides an optional DELAY of the ENFORCEMENT of an eviction action, at the discretion of any person that answers to the “constable ethics standard and training board” i.e. the CONSTABLE and THEIR OFFICERS (Maricopa County Sheriff Office).

Q: But does it stop an eviction in court?

A: No. As stated, it only delays the ENFORCEMENT of the eviction action. It doesn’t change an eviction action judgment.

Q: So, if someone gets an eviction judgment ruled against them, what happens?

A: A defendant in Maricopa County Justice Court has 5 “calendar days” from the date of judgment to file an appeal. If no appeal is filed with accurate, corresponding supersedeas bond (a shit ton of money), the constable aka Maricopa County Sheriff Office, can come to the tenant’s house on the 6th calendar day.

Q: What happens then?

A: Well, the constable (aka Maricopa County Sheriff Office) has the discretion (aka the power) to decide, based on the evidence that the tenant provides them, be it that they have COVID-19, that they are caring for someone who has COVID-19, that they lost their job due to COVID-19, or that they are at risk for COVID-19, to allow them to stay in their home or not.

Q: Really?

A: Yes, really. It’s up to some washed up dude who ran for office 4 years ago that nobody paid attention to then.

Q: What if they decide to let the tenant stay?

A: That’s great if they let the tenant stay, but that only means that that constable has enacted the powers of EO 2020-14, and allowed the tenant to stay until 120 days after March 24, 2020, or July 22, 2020, and now, with the extension that our beloved and mighty ruler Doug Ducey issued, until October 31, 2020 (supposedly).

Q: So, does that mean the tenant is not evicted?

A: No. That means the tenant has until October 31 to gtfo of their house. They can no longer live there. They have been evicted.

Q: So, is there an eviction moratorium in Arizona?

A: No. Our “leaders” have failed us. Although they are elected officials, they only answer to property owners, and those that financially support their campaign or who hold power in the Arizona economy, in one way or another. That’s not only Doug Ducey, but Kate Gallego, Kyrsten Sinema, McSally, all of Phoenix City Council, the City of Phoenix, AZ Housing Dept. Everyone. They have all let us down.

Q: What can we do?

A: You can share this information with your friends and family and contact Doug Ducey and all of the elected officials we mentioned and ask them why they have failed us all, and demand that they enact greater protections for tenants, at least within their jurisdiction i.e. City of Phoenix or City of Tempe vs all of AZ.

PS: We have copied the text from the governor’s Executive Order 2020-14 into a google document that you can access here:

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Thank you for caring!

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