Arizona’s landlords claim Gov. Doug Ducey’s order banning evictions during the pandemic is unconstitutional.
The Arizona Multihousing Association and Manufactured Housing Communities of Arizona filed a lawsuit Wednesday, asking the Supreme Court to rule Ducey’s order runs afoul of the Contracts Clause of the U.S. Constitution.
The property owners filed directly with the Arizona Supreme Court, something known as a “special action.”
Association President Courtney Gilstrap LeVinus says owners have worked with renters and provided them flexibility but their costs have left them at a “breaking point.”
The action alleges the property owners have been compelled to provide a free service that real estate firm Elliot D. Pollack and Co. estimated at an economic loss of $1.3 billion.
In a news conference Thursday, Ducey was frank in his response to the claim.
“Get in line,” he said, in an apparent reference to other lawsuits challenging his authority. “We’re doing everything we can to protect people in this state, to protect the most vulnerable through a public health emergency and an economic disruption. We’ll continue to do it.”
Arizona is currently embroiled in a lawsuit over the closure of the state’s gyms and fitness centers. Ducey’s office released guidance for them to reopen Monday.
Ducey added that the state is offering $90 million through the state’s website meant to assist renters facing income shortfalls due to the inability to evict tenants who aren’t paying.
Unless the court decides otherwise, Ducey’s order is currently set to sunset on Oct. 31.
In July, the Arizona Republic estimated that about 26,000 renters were at risk of eviction. The state’s economy has experienced one of the quickest rebounds. A WalletHub report updated Thursday says Arizona’s unemployment has rebounded faster than all but nine states since the beginning of the COVID-19 crisis.
