
The Douglas County Courthouse
Eviction hearings are continuing — and evictions are rising — even as public safety concerns about surging COVID-19 cases have shut down the vast majority of in-person county court proceedings in Omaha and Lincoln until 2021.
More than 75 eviction hearings are scheduled in Douglas County Court for the week after Thanksgiving, said Scott Mertz, an attorney with Legal Aid of Nebraska. Those hearings tend to bunch landlords, tenants and attorneys into courtrooms, waiting near each other until their cases come up and are heard.
And beyond the courthouse risk, advocates say, evicted people wind up crowding in with friends or relatives or in homeless shelters — risking further spread of COVID-19.
With a limited federal moratorium on evictions set to run out at the end of the year, nonprofit organizations are asking Nebraska Gov. Pete Ricketts to issue an executive order that most likely would lead to a de facto state moratorium on evictions.
Leaders of 38 agencies sent Ricketts a letter recently asking him to indefinitely suspend a state statute that requires eviction hearings to be held within 10 to 14 days of property owners filing for evictions.
An estimated 28,000 Nebraskans think they are at least somewhat likely to face eviction or foreclosure in the next two months, according to a survey completed Nov. 9 by the U.S. Census Bureau. That’s about 41% of the adults in households that are behind on rent or mortgage payments.
Advocates are concerned that eviction hearings keep rolling on as COVID-19 cases surge and hospital space shrinks. Douglas and Lancaster County Court officials earlier this month shut down many criminal proceedings and almost all in-person civil hearings until January — but not eviction and debt collection hearings. Court officials have said eviction hearings must continue as usual because state law requires them.
More than 200 eviction hearings have been scheduled in the two counties since officials shut down most other hearings.
“Closing the courts to the public but leaving them open for eviction hearings does not make sense,” the 38 organizations said in the letter to Ricketts. “We know that packing people into a courtroom will increase the risk of COVID-19 and therefore undermine our community’s efforts to stop the spread.”
Legal Aid of Nebraska, which signed on to the letter, also has formally asked the presiding judge of Douglas County, Sheryl Lohaus, to make arrangements to make the eviction hearings more safe. That could include postponing hearings and establishing policies — and communicating them to renters before their court dates — about what to do if they suspect they have COVID-19.
Lohaus did not return calls seeking comment. But as of Monday, many seats had been blocked off to create social distance in the courtroom where eviction proceedings are held.
The federal Centers for Disease Control and Prevention established a moratorium against evicting people for nonpayment of rent when they were affected by COVID-19, but it doesn’t apply to all evictions and will soon expire. Other curbs have helped reduce the number of evictions as well, including an order by Ricketts that applied in April and May — during an earlier COVID-19 peak that was much smaller than the current one.
A spokesman for Ricketts, Taylor Gage, noted the federal moratorium and said by email that he does not “expect further state action in this area.”
Erin Feichtinger, who works for the Omaha nonprofit Together, said people who find themselves in eviction court tend to be members of populations that are particularly vulnerable during the pandemic. “So it just puts everyone at risk unnecessarily,” she said.
In Lincoln, attorney Ryan Sullivan said he has seen a large increase in eviction cases for reasons other than nonpayment of rent, which can be a way to get around the CDC moratorium. A University of Nebraska associate law professor who owns rental property himself, Sullivan said evictions can be justified sometimes.
“But for failure to pay rent cases in most of these situations, especially as we’re trying to get through these next couple months, there’s alternatives to allow the landlords to still be able to eventually collect their rent,” Sullivan said. “A moratorium doesn’t let (renters) off the hook for their rent.”
An Omaha attorney who represents landlords and property managers said that they don’t want to evict people but that a moratorium is not the answer. Gene Eckel said property owners can’t maintain properties and pay wages, mortgages and other bills when tenants don’t pay rent.
“I think the landlords are kind of being put in the position that they’re being pointed out as the person that needs to not take income, because the government’s really not stepping up and taking leadership and doing what they need to do,” Eckel said. “We need people to start demanding from their representatives to pass a stimulus package as soon as possible.”
Michelle Hahn, co-owner of the OKOmaha Real Estate property management business, said most of the tenants facing eviction by the company had been behind in rent since before the pandemic, and many have damaged their property. She said the company is reluctant to evict tenants and refers them to agencies for help.
“I’ve got people who are $3,000 behind,” Hahn said. “We’re doing what we can to help them ... but sometimes people need to help themselves.”
Our best staff images from November 2020

Olivia Noonan, 3, of Omaha, looks up at Santa outside Mulhall's in Omaha on Saturday, Nov. 28, 2020. Reindeer Dasher and Dancer will be available to see through Dec. 19 at the garden and home store.

Iowa's Zach VanValkenburg catches a fumble from Nebraska's Adrian Martinez after he was sacked by Iowa's Chauncey Golston.

Iowa's Terry Roberts celebrates recovering a fumble from Nebraska's Cam Taylor-Britt.

A photo of Nathan Pastrana, left and Ryan Helbert sit in memorial across the street to the south of the Sonic at 1307 Cornhusker Rd, on Wednesday, November 25, 2020. A shooting on November 21st killed Pastrana, 22, and Helbert, 28, while Zoey Lujan, 18, and Kenneth Gerner, 25, suffered critical injuries.

Ring billed gulls try to stay dry on the dock at Big Lake Park in Council Bluffs, Iowa on Tuesday, November 24, 2020.

The sun rises behind downtown Omaha on Friday, November 20, 2020.

Ord fans cheer on their team as they play in the Class C2 championship game against Bergan.

Protesters gather for the second night outside the Omaha Police Department headquarters in downtown Omaha on Saturday, November 21, 2020. Kenneth Jones, a Black man, was shot and killed by an officer after a traffic stop on Thursday night.

Nebraska’s Cam Taylor-Britt hits Illinois’s Chase Brown after a first quarter run. Taylor-Britt would leave the game with an injury.

Ord players react as their Class C2 championship trophy is handed to them after defeating Bergan.

Omaha Westside quarterback Cole Payton (9) hugs and lifts head coach Brett Froendt following the Elkhorn South vs. Omaha Westside Class A football state championship game at Omaha Westside High School on Friday, November 20, 2020. Omaha Westside won the title 37-21.

Illinois's Josh Imatorbhebhe catches a second-quarter touchdown pass over Dicaprio Bootle to give them a 21-7 lead.

Aurora's Aaron Jividen, right, comforts Jameson Herzberg after the lost the Class B state title to Elkhorn.

The 2020 "Christmas at Union Station" tree is brought inside the Durham Museum in Omaha on Monday.

Nebraska kicks off to Penn State after a second-quarter touchdown to a nearly empty Memorial Stadium due to the pandemic.

Penn State's Will Levis is taken down by Nebraska's Ben Stille on the final down for the Penn State offense during their game Saturday in Lincoln.

Nebraska quarterback Luke McCaffrey, left, and Head Coach Scott Frost, right celebrate their win over Penn State.

Nebraska's Cam Taylor-Britt and Penn State's Jahan Dotson both go up for the ball in the end zone during their game on Saturday in Lincoln. The pass was incomplete.

Nebraska runs out of the field after the tunnel walk before they play Penn State.

Everyone tries to keep up with Nebraska's Luke McCaffrey during their game on Saturday in Lincoln.

Flags of the five military branches are flown during a Veterans Day drive-thru event at Platteview High School in Springfield on Wednesday, November 11, 2020. The student-led tradition, now in its nineteenth year, was held outside this year because of the coronavirus pandemic.

Dean Mathisen looks at memorials before the start of Veterans Days ceremonies at Memorial Park on Wednesday.

A woman waves from her car during a Veterans Day drive-thru event at Platteview High School in Springfield on Wednesday, November 11, 2020. The student-led tradition, now in its nineteenth year, was held outside this year because of the coronavirus pandemic.

Nebraska's Luke McCaffrey is shoved out of bounds by Northwestern's Adetomiwa Adebawore during their game on Saturday in Evanston.

Nebraska head coach Scott Frost walks on to the field with his team fir the start of their game on Saturday in Evanston.

Northwestern's Peyton Ramsey is hit by Nebraska's Luke Reimer and fumbles the ball during their game on Saturday in Evanston.

Isaiah Ross waves a Biden for President flag during a celebration at 72nd and Dodge Streets on Saturday.

A worker disinfects the seats inside Pinnacle Bank Arena between state volleyball matches on Friday, November 06, 2020.

Bellevue West wide receiver Keegan Johnson runs the ball with Kearney defensive back Tanner Johnson on his heels.

Omaha Skutt's Abigail Schomers celebrates a point against against Ashland Greenwood.

People eat lunch under a tree bearing bright autumn leaves at Miller Park in North Omaha on Thursday, November 5, 2020.

The sun sets near Bancroft Elementary School in southeast Omaha. The sun is going down a minute earlier every day, and this evening it will do so at 5:14.

Belleue West players celebrate a point against Papio South.

Derek Rau and his service dog Voodoo walk to a polling booth in Omaha on Tuesday, November 3, 2020.

Alayna Gonzalez, 8 months, sits with her dad, Hector Gonzalez, of Omaha, while waiting for her mom, Ana Gayton (not pictured), to finish voting so he can take his turn at the Disabled American Veterans hall in South Omaha on Election Day, Tuesday, November 3, 2020.

Voters occupy all the booths inside Bethel Lutheran Church, 1312 S. 45th St., on Tuesday. There were close to 30 people in line when the doors opened.

A person votes at the Omaha Community Playhouse in Omaha on Tuesday, November 3, 2020.

Volunteer Jay Mason throws way political signs that were too close to the polling place at Bethel Lutheran Church located at 1312 South 45th Street on Tuesday, November 03, 2020.

Bancroft Elementary School in South Omaha on Election Day, Tuesday, November 3, 2020.

Sidewalk chalk messages at 13th and Bancroft Streets in South Omaha on Election Day, Tuesday, November 3, 2020.

Rep. Don Bacon greeted drivers at 72nd Street and Highway 370 in Papillion.

A spooky reminder to vote in a home's yard near 72nd and Cass Street in Omaha on Thursday, October 22, 2020.

The line for early voting wraps back and forth at the Douglas County Election Commission on Saturday, October 31, 2020.

Rep. Don Bacon leaves a brochure while campaigning door-to-door in Papillion on Friday.

Democrat Kara Eastman keeps an Election Day countdown in the front room of her campaign office at 72nd and Farnam Streets.

Rida Rahman, 4, waits in line with her parents, Hafiz Rahman, left, and Shamsun Ruby, right, at the Douglas County Election Commission on Saturday, October 31, 2020. Rida was dressed as Raphael, from the Teenage Mutant Ninja Turtles, while her parents were in line for early voting.
chris.burbach@owh.com, 402-444-1057,