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New Orleans Evictions
Wednesday, 30 November 2005

A November 23rd report in the New Orleans City Business discusses a recent ruling by a Federal Judge regarding evictions of residents displaced by hurricanes Katrina and Rita.

Evictions halted by N.O. judge

NEW ORLEANS (AP) — A federal judge Tuesday blocked evictions of residents displaced by hurricanes Katrina and Rita and ordered the Federal Emergency Management Agency to help state officials notify those on the verge of losing their homes.

"The order from the court basically has stayed the evictions in Orleans and Jefferson parishes until FEMA can provide the addresses of people who have been evacuated so that they'll know there's a proceeding against them," said Judith Browne, lead attorney and co-director of Advancement Project, a national racial justice organization.

Displaced residents filed suit earlier this month contending Louisiana's eviction procedures were unconstitutional. Until the lawsuit, landlords were only required to tack notice of eviction on the doors of residents' homes. Browne argued that method did not provide them due process as the Constitution requires.

Under Tuesday's ruling by U.S. District Judge Stanwood Duval, all evictions have been stayed until mail notices are sent to the tenants at their addresses filed with FEMA, said Advancement Project spokeswoman Sabrina Williams. In addition, hearings can not be set until 45 days after the notices have been sent and FEMA must supply the addresses of all affected evacuees to the eviction courts in Orleans and Jefferson parishes, she said.

The ruling applies to all eviction cases currently pending and any new cases, Browne added.

"This guarantees due process to the survivors and assures that fair rules are in place in the future," Browne said.

Bill Quigley, one of the lawyers for the plaintiffs, said the ruling would affect 50,000 to 60,000 families and remain in effect for a year. "This was a cooperative effort of the Advancement Project, FEMA, the Louisiana attorney general and authorities in Orleans and Jefferson parishes to try to work through this unprecedented situation," he said.•

To view the report please click on the following link:

New Orleans Evictions