The Arkansas Supreme Court Issued Per Curium Order to Address Eviction Filings
The Arkansas Supreme Court issued an additional per curium order this week to address eviction filings . The order requires all eviction complaints between now and July 25, 2020 to affirmatively plead that the property that is the subject of the eviction dispute is not a covered dwelling under the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The Court noted that this was a temporary pleading requirement, merely to reflect the CARES Act's moratorium prohibiting the lesser of a covered dwelling from filing a legal action to recover possession of property for nonpayment. Two justices dissented from the majorit y opinion, citing separation of powers concerns, and the concern of showing favoritism to tenants over landlords. As mentioned in previous posts , the rules and guidance we receive from the courts will change from day to day. If the COVID-19 pandemic has had an effect on your Arkansas business, or your individual way of life, and you need