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Three landlords are suing Gov. Eric Holcomb and state officials over the moratorium on rental evictions during the coronavirus pandemic.
Jerri Lemond, Lavern and Josephine Miller FLP, and Strong Indiana LLC filed the lawsuit Tuesday against Holcomb and the state in U.S. District Court in Indianapolis.
On March 19, Holcomb first used an executive order to prohibit evictions and foreclosures during the public health emergency for the pandemic. On April 1, Holcomb extended the initial order to protect renters through June 30. The latest extension of the moratorum is set to expire Saturday.
The lawsuit claims the moratorium exceeds the governor’s authority and violates both the state and U.S. constitutions.
The lawsuit states, in part, “The statue as plainly written does not grant the Governor carte blanche to lift, alter or eliminate any and all laws or regulations at his sole discretion,” and “The Governor’s Orders are unprecedented, unwarranted and unjustifiably expansive.”
Stout Risius Ross, a global advisory firm, says more than 40 percent of Indiana renters are at risk of eviction as of this week. Its survey reports an estimated 314,000 households in Indiana are unable to pay rent currently. It also estimates 212,000 eviction filings over the next four months.
Nationwide, 17.5 million households are at risk for eviction.
Hoosiers in all counties but Marion County who are struggling to pay rent due to the impact of COVID-19 can apply online for possible rental assistance. Applications for the $25 million Indiana COVID-19 Rental Assistance Program have been accepted online since July 13 at IndianaHousingNow.org.