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COVID-19

Attention landlords, tenants: At odds over unpaid rent? Idaho Supreme Court offers help

By Kyle Land Idaho Statesman

BOISE – With a possible wave of new evictions on the horizon, the Idaho Supreme Court has announced a new tool that attempts to resolve disputes between tenants and landlords, as many continue to struggle to pay rent amid the COVID-19 pandemic.

The online tool will give landlords and tenants in new eviction cases the opportunity to resolve the dispute outside of court, according to a Wednesday news release. The tool will offer referrals to agencies that offer rental assistance and guide the process for a negotiation.

The tool will be offered for eviction cases stemming from nonpayment of rent, the release said. The court will test its effectiveness in Ada County before rolling out the program statewide.

The tool comes as a federal moratorium on evictions is set to expire at the end of July, officially ending one of the last legal protections for Idaho renters against eviction. The pandemic-induced shutdown of the economy had left many struggling to make ends meet.

Housing advocates across the nation have said ending the moratorium could leave millions of renters without a place to live.

Idaho Supreme Court Communications Manager Nate Poppino said it’s unclear how severe the problem could be in Idaho, but that the program might help mitigate it.

“Partly, this is about getting ahead of a number we don’t know much about: How many evictions are not being filed because the federal moratorium expires at the end of the month?” Poppino said.

The federal government issued the moratorium in 2020 under former President Donald Trump as millions faced pandemic-related closures and restrictions that forced millions of Americans out of work. It applies only to those unable to pay their rent because of the pandemic.

The tool is not available to the public, only to landlords and tenants after a case is filed. Those who don’t speak English can request a court interpreter, if necessary, to help navigate the resolution process, Poppino said.

Getting both sides to participate in the resolution process could be complicated, however, as many renters continue accumulating debt for unpaid rent.

Jesse Tree, a Boise nonprofit that provides rental assistance, has reported receiving more than 5,000 calls for assistance in 2021.

Ali Rabe, Jesse Tree’s executive director, said some renters in Boise owe thousands of dollars in rent stretching back to the pandemic’s early days. Getting landlords to agree to a resolution without an eviction might prove difficult, she said.

“From my experience, when landlords take tenants to court, they want to get paid,” Rabe said. “That will definitely continue to be a challenge.”

Rabe said the tool might be good for tenants who weren’t previously offered services in their area, although it could be made stronger if mediators and legal assistance were provided as well.

For some involved in the eviction process, much will remain the same. Rabe said the Ada County Sheriff’s Office has been actively enforcing eviction orders during the pandemic, despite the federal moratorium. The Treasure Valley averages 20-30 eviction filings per month, she said.

Patrick Orr, public information officer for the sheriff’s office, said the office simply enforces court orders and that it remains up to judges to decide if someone is evicted.

“We do that if it gets to the point where a judge orders us to do that,” Orr said.

Landlords and tenants still have the option of a regular court or mediation hearing.

What do you think of the federal eviction moratorium expiring? Let us know in our reader survey, or follow this link if you can’t see the poll below.