Senate Concurrent Resolution 538

A CONCURRENT RESOLUTION REQUESTING THE ATTORNEY GENERAL OF THE STATE OF MISSISSIPPI TO PETITION THE MISSISSIPPI SUPREME COURT TO IMPLEMENT A COVID-19 LANDLORD-TENANT EVICTION RESOLUTION PROGRAM FOR LITIGANTS TO PARTICIPATE IN PRIOR TO THE FILING OF COURT ACTION IN ORDER TO FAIRLY ADDRESS THE INFLUX OF EVICTION ACTIONS FOLLOWING THE LIFTING OF CERTAIN FEDERAL GOVERNMENT AND COURT-ORDERED MORATORIA ON NONPAYMENT EVICTIONS.

WHEREAS, since February 2020, millions of people in the United States have lost their jobs or have had employment hours severely curtailed because of the COVID-19 emergency. In Mississippi, this mass loss of income, coupled with substantial barriers in accessing state and pandemic unemployment insurance, has made it impossible for many families and individuals (tenants) to keep current in rental payments; and

WHEREAS, recognizing the risk of mass evictions flowing from the COVID-19 emergency, federal, state, local governments and courts began enacting moratoria on evictions. These moratoria continue to operate, effectively denying landlords access to the only legal means of removing tenants for failure to pay all or part of their rent under unlawful actions; and

WHEREAS, currently, renters' needs are getting more attention in the courts than landlords' needs, and there are already more resources being made available for renters, including the recent federal stimulus bill for the Mississippi Rental Assistance Program (RAMP); and

WHEREAS, in order to timely and fairly address the anticipated influx of eviction actions in Mississippi's circuit courts once these moratoria end, an eviction resolution program should be developed by a workgroup, including tenant and landlord advocates, circuit court judges and nonprofit dispute resolution providers, to facilitate early resolution of matters involving unpaid rent; and a pilot project should be designed to implement this program in seven counties prior to expiration of the moratoria using federal CARES Act, Mississippi Rental Assistance Program (RAMP), or other available federal funding, and to allow for its expansion in other counties; and

WHEREAS, effective implementation of an eviction resolution program requires that courts with jurisdiction have the authority to direct participation in the program prior to the filing of an unlawful detainer action to facilitate housing stability in their communities and to better manage dockets that are experiencing significant backlogs and resource shortages as a result of the COVID-19 pandemic:

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN, That we do hereby request the Attorney General of the State of Mississippi to petition the Mississippi Supreme Court to implement a Covid-19 Landlord-Tenant Eviction Resolution Program for litigants to participate in prior to the filing of unlawful detainer or other court action in order to fairly address the influx of eviction actions following the lifting of moratoria on nonpayment evictions issued by the Centers for Disease Control (CDC), state and local governments and the courts and to take all necessary steps to support such a program, including, but not limited to, entering local court orders and contracting with service providers.

BE IT FURTHER RESOLVED, That such Eviction Resolution Program shall specifically include issues benefitting landlord rights in addition to tenant rights, including direct negotiation, facilitated conciliation and mediation services, the effect of force majeure and abatement clauses in leases, the impossibility of performance and the effect of insurance, and federal Emergency Rental Assistance (ERA) programs.

BE IT FURTHER RESOLVED, That the Attorney General is requested to develop and submit a report to the Legislature on the status of the Covid-19 Landlord-Tenant Eviction Resolution Program with recommendations for necessary legislative action to address these issues.

BE IT FURTHER RESOLVED, That this resolution be transmitted to the Attorney General of the State of Mississippi, the Governor and the Executive Director of the Department of Human Services, and made available to the Capitol Press Corps.