Bar Bulletin

Bar Bulletin

Appellate Ruling Hampers Tenant Relief

January 2018 Bar Bulletin

 

The following are highlights from the KCBA Board of Trustees meeting held on November 15, convened by KCBA President Andrew Maron.

Housing Justice Project Managing Attorney Edmund Witter briefed trustees on a recent Court of Appeals decision that could have a detrimental effect on some tenants that HJP represents. The decision held that a tenant who seeks an emergency stay of an eviction cannot apply for the stay through ex parte.1 In addition, the decision has been interpreted by court commissioners as requiring cash bonds when stays are sought, regardless of the circumstances.

HJP staff believe this decision was incorrectly reached. Witter...

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