Landlord challenge to eviction ban denied; Rose Law Group regulatory attorney Thomas Galvin weighs in

By Howard Fischer | Arizona Capitol Times

The Arizona Supreme Court won’t overturn the order by Gov. Doug Ducey blocking residential evictions.

In a brief order October 7, the justices spurned a request by the Arizona Multihousing Association to review the governor’s actions and determine if he is within his legal rights in saying that landlords could not oust tenants who have not been paying their rent because of COVID-19.

The ruling does not resolve the legal claims by the landlord group about the scope of the governor’s emergency powers.

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“The plaintiffs were hoping that the Arizona Supreme Court would hear a ‘special action’ but were denied in their request. This is purely a judicial procedural matter as the Supreme Court’s action means that the plaintiffs must begin their case at Superior Court. The announcement surely comes as a disappointment to the Arizona Multifamily Association and other parties because when they filed their case in August they declared that landlords were at a “breaking point.” It will be many months before this constitutional question gets answered, if at all.”

– Rose Law Group Regulatory Attorney Thomas Galvin
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