CDC order isn’t saving everyone from eviction

LEXINGTON, Ky. (WTVQ) — While a state and national moratorium has provided many people with relief from being evicted from their homes or apartments, a few still are happening.

While housing advocates and judges sort it out, residents are caught in the middle.

“I was just almost in shock because when you hear that evictions have been halted and you get that little bit of relief and then it’s like, no, you’re still being evicted,” says Emily Brockman.

Brockman was just one of the few people District Judge Joe Bouvier issued an eviction.

She’s a single mother with a 5-month-old, unemployed with no clue where she’s going to go Sunday – the day she has to be out.

Brockman doesn’t think her voice was heard during her day in court.

“I wasn’t trying to be argumentative I was just scared and was really confused why I didn’t apply to the CDC guideline,” says Brockman.

Earlier this month, the CDC halted coronavirus-related evictions nationwide through the end of the year for people who met certain criteria, including making timely partial payments.

Judge Bouiver couldn’t talk about specific cases, but says the evictions he ordered didn’t meet the requirement of making partial payments.

“What I read I fell under everything,” says Brockman. “I tried partial payment, they wouldn’t receive one. I don’t make over so much. If I would be evicted would I be homeless, yes. All the boxes checked,” says Brockman.

Brockman says she offered to pay a partial amount after getting her eviction notice but the office wouldn’t take it. They’d only take it if it was for the full amount, including court costs and attorney fees – money she didn’t have.

This was the case for a couple others who were evicted. One claimed they offered to pay two-thirds what was due but it wasn’t enough.

Landlord attorney, Stephen marshall, says he only challenges the CDC order if tenants hadn’t tried to pay anything and says landlords can reject a payment and proceed with court, unless payment is paid in full within the notice period.

“I know I’m not the only single mother going through this is the sad part about it,” says Brockman.

The Lexington Housing Justice Collective was there when Brockman and others were in court. The group says they felt the tenants weren’t allowed to properly plead their case, especially since they’d tried to make payments. It’s confusion they hope they can work to clear up to protect others.