SE Valley Times

Gov. Doug Ducey issued an executive order on April 6 that immediately halted commercial evictions.

Ducey’s order immediately stopped judges statewide from hearing evictions against businesses affected by the COVID-19 crisis. Landlords must consider postponing rent payments for those who cannot pay because of economic hardship brought on by the pandemic.

In addition to recommending that all parties work to waive late fees, penalties and interest due to late payments in addition to ironing out repayment plans, the order strongly stresses “a commercial eviction action including lock out, notice to vacate, or any other attempt to inhibit the operations of a business shall be temporarily suspended for tenants unable to pay rent due to financial hardship caused by the COVID-19 pandemic.”

The order, however, does not apply in cases where one of the parties determines that staying any eviction action is “contrary to the interest of justice,” according to the Herald Review.

Ducey’s order for small businesses with a workforce of up to 500 workers is effective through May 31.

Two weeks ago, the governor issued an order regarding residential evictions, which prevents law enforcement agencies from carrying out eviction orders under certain circumstances. Those required to quarantine because of a coronavirus diagnosis or its associated symptoms are protected are protected under the order.

The order barring residential evictions also lets members of the judicial branch decide on what they may and may not do.

A state law pertaining to emergencies reportedly permits Ducey to exercise such powers.

A spokesman with the Arizona Supreme Court said the important thing is that judges “still have discretion on what justice requires.”

“They’re entering administrative orders and making operational changes along those lines, in addition to orders in individual cases,” Aaron Nash said.

As of April 8, Arizona has 2,575 cases of COVID-19.