CORRECTION: Reno court is still conducting evictions, giving tenants more time to respond

CORRECTION: The story was updated on Friday to show that the Reno Justice Court is still conducting evictions, but is allowing more time for tenants to respond and participate in a remote hearing prior to an eviction.

An order signed by Chief Justice of the Peace Ryan Sullivan in Reno has suspended default evictions but did not halt all eviction proceedings.

Under the order, tenants won't be automatically evicted if they don't reply to an eviction notice. Instead, tenants will be able to participate in a remote hearing prior to an eviction. Sullivan has suspended normal deadlines for such hearings to occur.

"The Court has a duty to follow the law as written, and it cannot simply ignore statutes that have put into law by the Nevada Legislature," Sullivan said in a written statement.

Original Story: Legal aid service agencies and several other organizations throughout Nevada are calling for a statewide moratorium on evictions in response to the COVID-19 coronavirus outbreak.

On Tuesday, Gov. Steve Sisolak ordered a shutdown of all bars, restaurants and other non-essential businesses.

Those businesses were mandated to close by noon on Wednesday to help slow the spread of the virus, raising concerns over future layoffs and the economic impact it will have on renters.

Earlier this week, the Nevada Coalition of Legal Service Providers — which includes Legal Aid Center of Southern Nevada, Nevada Legal Services, Southern Nevada Senior Law Program, Volunteer Attorneys of Rural Nevada and Washoe Legal Services — sent a letter to the governor’s office.

The letter urged the governor to issue an emergency moratorium on evictions — a move that many other states have already made.

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“We absolutely think that our lawmakers should step in and set up some kind of protection for tenants in this situation,” said Rita Greggio, a supervising attorney at Washoe Legal Services.

Greggio, who oversees the agency’s Consumer and Housing Unit, often deals with housing and eviction cases.

“Unless something changes, we will be facing a spike in evictions,” Greggio said, adding she’s helping a client who is facing eviction in Sparks. “We’re already seeing the consequences.”

A push for eviction moratoriums

The Nevada Housing Rights Coalition also sent letters on Monday to both Las Vegas Mayor Carolyn Goodman and Reno Mayor Hillary Schieve.

By Tuesday evening, the Las Vegas Justice Court issued an order temporarily suspending eviction hearings.

The order was signed by both Nevada Supreme Court Chief Justice Kristina Pickering and Chief Justice of the Peace Suzan Baucum.

Still, neither court in Reno or Sparks has issued a stay in evictions as of Wednesday.

Instead, Chief Judge Kevin Higgins issued an order stating eviction hearings will be held telephonically or by video conference at the Sparks Justice Court.

Attempts at reaching a representative from the governor’s office and the Sparks Justice Court have been unsuccessful.

Meanwhile, James Conway, of the Reno Justice Court, said he sent the Las Vegas order to local judges for review. Currently, the justice court is also reviewing civil proceedings through phone and video conferences.

For Greggio, the biggest concern is adding to the local homeless population. She said residents need a home to stay in to slow the spread of the virus.

“Hygiene is really, really difficult when you’re homeless,” she said. “You just can’t wash your hands once every hour when you're homeless. It’s a really big problem.”

Greggio said most residents are already scrambling to get unemployment and come up with rent money for this month. Applicants are encouraged to file for unemployment online. She said she expects applications will likely take time to process.

“We suspect it’s only going to get worse,” she said.

Daniel Hansen, a senior attorney for Nevada Legal Services, also emphasized the governor’s office is best poised to swiftly issue a moratorium on evictions.

He said he is also expecting more calls to his Reno office from tenants facing evictions next month.

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“Nevada has a peculiar eviction process,” Hansen said. “I’m pretty sure we’re the only state in the nation that uses a process called summary eviction, which puts all of the burdens on the tenant to make a case with the court to prevent a lockout.”

Hansen said tenants need to file a tenant affidavit at the justice court to ensure their right to an eviction hearing.

“It’s very difficult to restore someone into a unit after they’ve been evicted without a hearing, which is a thing that happens,” he said, adding tenants should also talk with their landlords and contact an attorney.

“It is possible that landlords can be decent human beings,” he said. “A conversation with your landlord isn’t necessarily a bad idea, particularly if you’re in a situation where you’ve been laid off.”

Reno’s ‘economic pinch’: What the city is doing to help

In Reno, Councilwoman Naomi Duerr is already brainstorming ideas to help both tenants, landlords, and homeowners. She said she’s concerned people facing layoffs may feel “an economic pinch.”

“It could be the stock market,” Duerr said. “It could be a job. It could be that they have to take care of their kids now because there’s no school and there’s an inability to get daycare.”

She also emphasized that landlords could also take an economic hit, especially if their sole income comes from rent.

On Wednesday, President Donald Trump announced that home foreclosures and evictions for HUD-owned properties will be suspended until the end of April.

He said he and members of his coronavirus task force team are working closely with the U.S. Department of Housing and Urban Development on the suspension.

But the suspension only applies to properties and programs receiving assistance at the federal level, such as public housing.

The Reno Housing Authority has already announced that public housing tenants won’t be evicted for nonpayment of rent due to circumstances related to the coronavirus.

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The agency is also working with residents who are currently receiving rent vouchers.

Section 8 voucher holders facing layoffs, income reductions or evictions should contact the housing authority.

“I think this is a portion of a solution, and it’s an excellent step,” Duerr said, adding most residents don’t live in public housing.

Duerr said she’s working on proposing a mortgage payment holiday for homeowners, which would allow their mortgages to be extended.

“I think it would help the economy because everyone who owns a home or is in the process of buying a home would have more money in their pocket,” she said.

She also plans on proposing a rent payment holiday for tenants whose landlords would benefit from a mortgage extension.

‘So, they would either get a grace period, deferment or a holiday,” she said of tenants.

Duerr said she also hopes landlords won’t raise rent prices and requested the Reno Justice Court to take a more affirmative step to address evictions.

Duerr said her staff is researching whether the city government can issue a moratorium on evictions and expects to address the issue at future council meetings next month.

At a glance:

Washoe Legal Services is a non-profit legal aid organization founded in 1965. It connects residents to resources and other services and provides legal aid to low-income residents.

Nevada Legal Services is also a non-profit organization providing free legal services to low-income residents in all state counties.

Residents seeking legal help can contact the Washoe Legal Services at 775-329-2727 or Nevada Legal Services at 775-284-3491.

To file for unemployment in Nevada, click here.

Marcella Corona is a breaking news reporter who covers crime and justice in Northern Nevada. Support her work by subscribing to RGJ.com.