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"Certainly I know we're living in troubled times, we got the virus, people have lost their jobs...and I'm very sympathetic to that but I must abide by the law"
--> Hello from Harris County Zoom #eviction court
--> Hello from Harris County Zoom #eviction court
This is one of the first I've seen with an attorney present for the tenant.
Judge: "You are going all around me. A lot of the things you're trying to argue...don't apply."
This is Pct 7-2, stream here: https://video.ibm.com/embed/23873966
Judge: "You are going all around me. A lot of the things you're trying to argue...don't apply."
This is Pct 7-2, stream here: https://video.ibm.com/embed/23873966
Attorney tried to make other legal arguments.
Judge: "The only thing I am concerned with is did [tenant] pay the rent."
The tenant (name blipped b/c I couldn't hear it) did not pay since June. She got evicted. No mention of CDC eviction hold.
Judge: "The only thing I am concerned with is did [tenant] pay the rent."
The tenant (name blipped b/c I couldn't hear it) did not pay since June. She got evicted. No mention of CDC eviction hold.
Some judges have been asking about the CDC order from the bench, even in cases filed before Sept. 4.
Others will not.
How / if the order is applied is super dependent on the judge https://www.houstonchronicle.com/news/houston-texas/houston/article/Who-s-protected-by-the-CDC-eviction-order-That-15565689.php
Others will not.
How / if the order is applied is super dependent on the judge https://www.houstonchronicle.com/news/houston-texas/houston/article/Who-s-protected-by-the-CDC-eviction-order-That-15565689.php
Several "default judgments" have been issued because the tenants didn't show up. (All in favor of the landlord)
No questions about whether the landlord received the form from the CDC that would theoretically bar them from evicting.
No questions about whether the landlord received the form from the CDC that would theoretically bar them from evicting.
The judge just issued a default judgment.
The landlord, after judgement, said she got the CDC form.
Judge: "Do you have the right to evict her?"
Landlord: Yes.
(This is not true. If the landlord got the form then they cannot evict for nonpayment)
The judge is now *reading* the order.
"They may find you in violation," Judge says.
Judge reset the case for a later time.
"They may find you in violation," Judge says.
Judge reset the case for a later time.
This is Judge Sharon Burney, livestream link here for those interested --> https://video.ibm.com/embed/23873966
She has not once so far asked about the CDC eviction halt, whether tenants were present or not.
She has not once so far asked about the CDC eviction halt, whether tenants were present or not.
Judge Burney just asked a landlord: "She doesn't fall under the CARES Act, does she?"
The CARES Act expired. It doesn't apply.
The CARES Act expired. It doesn't apply.
Now up: Lone Star Legal Aid.
The defense - the landlord allegedly never gave the tenant a written notice to vacate.
(I can't hear the landlord's response)
Lots of eviction defenses are technical like this.
The defense - the landlord allegedly never gave the tenant a written notice to vacate.
(I can't hear the landlord's response)
Lots of eviction defenses are technical like this.
Lone Star Legal Aid: The tenant gave the CDC notice.
Judge asked if it's on file with the court (the tenant only needs to give it to the *landlord*, not the court).
Judge keeps asking if it has gone to the court.
Judge asked if it's on file with the court (the tenant only needs to give it to the *landlord*, not the court).
Judge keeps asking if it has gone to the court.
The judge is trying to look at the lease now.
LSLA attorney comes back to the allegations that the tenant never got a written notice.
Judge asks landlord: Did you get a copy of the CDC?
(Couldn't hear landlord response. Ugh, Zoom!)
Case is reset for a later date.
LSLA attorney comes back to the allegations that the tenant never got a written notice.
Judge asks landlord: Did you get a copy of the CDC?
(Couldn't hear landlord response. Ugh, Zoom!)
Case is reset for a later date.
New case up.
Nonpayment of rent. Tenant agrees she hasn't paid.
Judge asks: "Does she have CARES Act?"
***THE CARES ACT IS EXPIRED***
The judge evicted her.
Nonpayment of rent. Tenant agrees she hasn't paid.
Judge asks: "Does she have CARES Act?"
***THE CARES ACT IS EXPIRED***
The judge evicted her.
New case:
Landlord says tenant hasn't paid. Tenant not here.
Judge: "He hasn't presented CARES Act or any other program to you?"
LL: No
Tenant evicted.
Landlord says tenant hasn't paid. Tenant not here.
Judge: "He hasn't presented CARES Act or any other program to you?"
LL: No
Tenant evicted.
Again:
The CARES Act is expired.
The CDC issued an eviction stoppage to eligible tenants. Explainer here: https://www.houstonchronicle.com/news/houston-texas/houston/article/Explained-The-new-federal-coronavirus-eviction-15534323.php
The CARES Act is expired.
The CDC issued an eviction stoppage to eligible tenants. Explainer here: https://www.houstonchronicle.com/news/houston-texas/houston/article/Explained-The-new-federal-coronavirus-eviction-15534323.php
For those just tuning in: I am watching Harris County #eviction court, 7-2, with Judge Sharon Burney presiding.
She has not asked about the CDC eviction halt and tried to cite the CARES Act, which is expired
Tune in: https://video.ibm.com/embed/23873966
She has not asked about the CDC eviction halt and tried to cite the CARES Act, which is expired
Tune in: https://video.ibm.com/embed/23873966
The 9 a.m. #eviction docket is done.
Tune in again at 11 and follow along with me! Same link --> https://video.ibm.com/embed/23873966
Tune in again at 11 and follow along with me! Same link --> https://video.ibm.com/embed/23873966
Or if you're a glutton for punishment, here's Precinct 8-1
https://video.ibm.com/embed/23872892
Judge Holly Williamson abated a case and warned the tenant to keep making her "best efforts" to pay rent.
https://video.ibm.com/embed/23872892
Judge Holly Williamson abated a case and warned the tenant to keep making her "best efforts" to pay rent.
Judge: "They can come back arguing that you're not covered anymore b/c you're not making your best efforts."
Williamson is saying the CDC halt applies to her and referencing a clause in the form a tenant has to sign (tenant has to show effort to pay)
https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf
Williamson is saying the CDC halt applies to her and referencing a clause in the form a tenant has to sign (tenant has to show effort to pay)
https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf
Even when tenants aren't present, Judge Williamson is asking whether landlords got the CDC form.
We are back at 7-2 https://video.ibm.com/embed/23873966
First case up.
Judge: "He doesn't fall under the CARES Act or any of the other acts that were going around?"
Landlord: No
Tenant says he lost his job.
Judge evicts the tenant.
First case up.
Judge: "He doesn't fall under the CARES Act or any of the other acts that were going around?"
Landlord: No
Tenant says he lost his job.
Judge evicts the tenant.
The tenant wasn't clear as to why he lost his job (He wasn't asked.)
If it was COVID-related, he *could* have qualified for the CDC eviction halt
If it was COVID-related, he *could* have qualified for the CDC eviction halt
Fun fact about #eviction in Texas, as outlined by this judge: "You can't withhold rent because there needs to be repairs."
So far, since 11 a.m. in this court (Pct 7-2, Judge Sharon Burney), no one has mentioned the CDC eviction order
FWIW, I reached out to all 16 #HarrisCounty justices of the peace, including Judge Bourney, about how they interpreted the CDC order.
She didn't respond.
She didn't respond.
