Statement in Support of Moratoriums on Evictions and Foreclosures During COVID-19 Pandemic

April 24, 2020
Supreme Court Justice Coats
2 East 14th Avenue
Denver CO 80203

Joint Letter to Chief Justice Coats Requesting Further Action from the Court

Regarding COVID-19

Justice Coats,

During this state of emergency many individuals and organizations have called upon the Executive and Legislative branches to take action to prevent the impending housing crisis. The undersigned associations believe that there also exists action within the Judicial Branch authority to take, and we are requesting the Courts to do just that. Pursuant to the powers enumerated in Colorado law that bestows the ability to run the courts, The Supreme Court Justice has the ability to close and open certain dockets/types of cases.

Colorado, along with other states, has a housing problem. Most renters are rent burdened, where they spend more than a third of their income in housing.(i) Currently, “one in every four Colorado renters is spending more than 50 percent of their income on housing,” said Sara Reynolds, executive director of Housing Colorado, a Denver-based membership organization that represents the state’s affordable housing industry.(ii)

As of April 16, Colorado is experiencing record unemployment numbers, more in the past few weeks than ANY yearly total since 2012.(iii) The Colorado Department of Labor and Employment reported more than 104,000 unemployment claims last week, the most claims filed in one week over at least the past 20 years. The previous record was 61,000 in the last week of March 2020. More than 231,000 Coloradans filed for unemployment in the past four weeks, higher than any yearly total since 2012. As of April 18, The overall number of first-time unemployment claims is now at 279,199.(iv)

During this global pandemic, remaining housed has become vital in fighting the spread of this disease. Via the Governor’s stay at home order, many of the same rent burdened individuals are now unemployed, furloughed, etc., and without any significant relief coming their way. Through no fault of their own they are now on the precipice of eviction and we face a potential housing calamity.(v) While this order is set to modify in the upcoming week, many cities remain at home and the Governor’s new orders sets up a more precarious situation for most vulnerable communities.

As a new month draws near during the COVID-19 pandemic, a large chunk of the more than 75,000 newly unemployed Coloradans must figure out how to pay rent or mortgages without an income. In fact, when coronavirus eases up in Colorado, 450,000 renters could face eviction.(vi) A study examining the impending crisis is referred to and attached to this letter.(vii)

We agree with our Attorney General Phil Weiser, who encouraged courts to act on evictions. “I urge all Colorado courts to join in recognizing the urgent need to pause all eviction orders during this emergency,” he said in a statement. “Nobody should be without their home as we grapple with this crisis.”(viii)

As such, we the undersigned, implore you, Supreme Court Justice Coats, to use your power and suspend all eviction and foreclosure filings and proceedings for at least 90 days after the state of emergency is removed. This is in line with the action taken by the Judicial Council of California (ix), as well as other states.

This is a solution that is well within the Courts power and would provide much needed help and respite to our most vulnerable communities.

Signed,

Bar Associations & Attorneys
Colorado Hispanic Bar Association
The Colorado LGBT Bar Association
Colorado Criminal Defense Bar
Colorado National Lawyers Guild
COVID-19 Eviction Defense Project

Professors of Law

Patience Crowder, Assoc. Prof. of Law; Director, Community Economic Development Clinic, U. of Denver Law
Nancy Ehrenreich, Professor of Law, U. of Denver
Alexi Freeman, Dir.of Externships & Public Interest Initiatives & Assoc. Prof. of the Practice, U. of Denver Law
Suzette Malveaux, Prof. of Law & Dir. of the Byron R. White Center for the Study of American Constitutional Law, CU Law
Paula Rhodes, Assoc. Prof. of Law (Retired), U. of Denver Law
Margaret B. Kwoka, Professor of Law Sturm College of Law
Tom Romero, Assoc. Prof. of Law, U of Denver Law, & Assoc. Provost of Inclusive Excellence Research & Curriculum Initiatives, U. of Denver
Lindsey Webb, Assoc. Prof. of Law, U. of Denver Law
Catherine Smith, Professor of Law University of Denver Sturm College of Law

Elected Officials
Candi CdeBaca, Councilwoman Denver District 9

Community Organizations
Colorado Latino Forum
Denver Alliance for Street Health Response
Colorado Poor People’s Campaign
9to5 Colorado
Colorado Homes For All