Sunday, February 17, 2013

Arkansas Law Turning Slow-Paying Tenants Into Criminals? Local Prosecutors Into Landlords' Personal Attorneys?

From a post from Human Rights Watch:
  • Hundreds of Arkansas tenants face criminal charges every year because they don’t pay their rent on time and then fail to vacate their homes quickly enough. The Arkansas state legislature should repeal the abusive law that allows for these prosecutions, which has no parallel in any other US state.

    The 44-page report, “Pay the Rent or Face Arrest: Abusive Impacts of Arkansas’s Criminal Evictions Law,” tells the stories of Arkansas tenants who were dragged into criminal court for transgressions that would not be a crime in any other US state.

    Other tenants who did not violate the law have faced charges because prosecutors acted on specious claims by landlords. Several of the tenants interviewed for this report were confronted at home or at work by police officers who had warrants for their arrest. One woman was berated in open court by a district judge, who compared her to a bank robber.

    “The Arkansas ‘failure-to-vacate’ law is unjust and tramples on the fundamental rights of tenants,” said Chris Albin-Lackey, business and human rights senior researcher at Human Rights Watch. “It also criminalizes severe economic hardships many tenants are already struggling to overcome.”

    Under Arkansas’s failure-to-vacate law, a landlord can demand that a tenant move out of a property within 10 days if the tenant does not pay the rent in full and on time. Any tenant who fails to do so is guilty of a misdemeanor. There is no way for tenants to present their side of the story in court without risking a criminal conviction.
***
  • “The failure-to-vacate law effectively coerces tenants into either quietly moving out or pleading guilty instead of exercising their right to defend against a criminal charge and having their day in court,” Albin-Lackey said. “Disturbingly, it does so by turning prosecutors into landlords’ personal attorneys – at taxpayer expense.”
For more, see Arkansas: Tenants Face Prosecution Over Rent Problems.

Thanks to Deontos for the heads-up on the story.