On May 1, the Oklahoma Supreme Court issued SCAD-2020-38, which implements new temporary procedures to meet the eviction protections for tenants (from their landlords) and homeowners (from their lenders) provided under § 4024 of the Coronavirus Aid, Relief, and Economic Security Act (otherwise known as the CARES Act), Public Law 116-136. Under that Act, certain tenants and property owners cannot be evicted between March 27 and August 23, 2020. A good summary of the protections of the CARES Act from the Congressional Research Service can be found here.
In order to protect tenants and property owners, the Supreme Court is requiring anyone seeking an eviction, retroactive to March 27, to file an affidavit that states whether the property falls under the protections of the CARES Act. This would include landlords filing pro se actions in small claims (without a lawyer). If you're a landlord, and you've filed an action between March 27 and May 1, you will be required to file the Affidavit. If you're just now filing one going forward, then you will be required to submit the Affidavit along with your other documents.
Interestingly, this appears to be the first COVID-19 administrative order which has not been unanimous. Oklahoma's two newest justices both dissented. Justice Kane, appointed by Governor Stitt in September, concurred in part and dissented in part, but with no explanation, thus leaving it unclear exactly what part of the Order he dissented from. Justice Rowe, appointed by Governor Stitt in November, dissented, arguing that it was unfair to make landlords figure out if they could legally evict someone before they filed an eviction.
If you are a landlord or a mortgage holder, it is clearly in your best interest to at least talk to an attorney before filing an eviction during the duration of this emergency period. Relying on court clerks, deputy sheriffs, or your random Facebook friend for legal advice is not likely to be useful when you finally get your day in court. Otherwise, you may be disappointed in your results.
In order to protect tenants and property owners, the Supreme Court is requiring anyone seeking an eviction, retroactive to March 27, to file an affidavit that states whether the property falls under the protections of the CARES Act. This would include landlords filing pro se actions in small claims (without a lawyer). If you're a landlord, and you've filed an action between March 27 and May 1, you will be required to file the Affidavit. If you're just now filing one going forward, then you will be required to submit the Affidavit along with your other documents.
Interestingly, this appears to be the first COVID-19 administrative order which has not been unanimous. Oklahoma's two newest justices both dissented. Justice Kane, appointed by Governor Stitt in September, concurred in part and dissented in part, but with no explanation, thus leaving it unclear exactly what part of the Order he dissented from. Justice Rowe, appointed by Governor Stitt in November, dissented, arguing that it was unfair to make landlords figure out if they could legally evict someone before they filed an eviction.
If you are a landlord or a mortgage holder, it is clearly in your best interest to at least talk to an attorney before filing an eviction during the duration of this emergency period. Relying on court clerks, deputy sheriffs, or your random Facebook friend for legal advice is not likely to be useful when you finally get your day in court. Otherwise, you may be disappointed in your results.
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