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The presiding judge in Chittenden County civil division has issued an order essentially halting evictions in the state’s largest county until the judicial emergency caused by the COVID-19 pandemic has lifted.
Judge Helen Toor issued the “standing” order Monday.
“Because it is virtually impossible for anyone to find new housing during the Governor’s stay-at-home order,” Toor wrote, “and because causing people to leave their residences to seek housing or to become homeless could increase the risk of spreading COVID-19 in the community, the court will defer actions on any motion seeking a writ of possession until expiration of the current Judicial Emergency.”
The judge ordered the delay of all foreclosure sales for 90 days in the county.
“Due to the governor’s stay-at-home order, no one should be out in the community to attend a foreclosure sale,” Toor wrote.
Burlington Mayor Miro Weinberger sent out a tweet late Monday afternoon thanking Toor for her actions.
“No one should lose their home in the middle of a pandemic that requires everyone to Stay Home,” the mayor wrote. “Thank you to Judge Toor for recognizing that we are “facing unprecedented times” + taking action to protect #BTV + Chittenden County residents from eviction and foreclosure for 90 days.”
The mayor and others, including attorneys for Vermont Legal Aid, have been pressing for actions from the Legislature and Scott administration to enact steps to prevent evictions during the emergency response to COVID-19.
Statewide court officials have said that with the judicial emergency in effect, it is unlikely that an eviction proceeding would be heard in a court given that only emergency proceedings are taking place.
However, presiding judges in each court still maintain discretion to decide whether such an eviction proceeding could occur during the judicial emergency.
In a letter to the bar accompanying order, Judge Toor recognized that point.
“We continue to hope that some state-wide guidance will be forthcoming on some of these matters and others, but until then the trial judges are trying to address these issues in our own counties,” she wrote to the lawyers.
“Please let me know if other problems arise that might be within trial judges’ authority to address, or if these orders create problems we have not foreseen and perhaps should be revised.”
The Vermont Supreme Court is the entity that oversees the state’s trial courts.
