Fillable Form 16: IN THE CIRCUIT COURT OF JACKSON (16th Circuit Court of Jackson County, Missouri)

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Form 16: IN THE CIRCUIT COURT OF JACKSON (16th Circuit Court of Jackson County, Missouri)

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IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI
16
TH
JUDICIAL CIRCUIT, STATE OF MISSOURI
In re: Requirement of Verification in Landlord Tenant Lawsuits Seeking Possession
of Property for Non-Payment of Rent
Administrative Order No. 2020-____
ORDER
WHEREAS, the Coronavirus Aid, Relief and Economics Security Act (“CARES
Act”) was enacted as part of the laws of the United States; and
WHEREAS, the CARES Act places a temporary moratorium on legal actions to
recover possession of certain described covered dwellings for the nonpayment of rent for
the 120 day period ending on July 25, 2020; and
WHEREAS, it is necessary to determine if a dwelling is subject to the temporary
moratorium established by the CARES Act; and
WHEREAS, pursuant to Section 478.240.2 R.S.Mo. and Section 15 of the Missouri
Constitution, the Presiding Judge has general administrative authority over all judicial
personnel and court officials in the Circuit.
IT IS, THEREFORE, ORDERED THAT:
1. Beginning on the date of this Administrative Order and continuing until
July 25, 2020, any lessor of a dwelling, whether represented by counsel or self-
represented, who initiates a legal action by filing a petition seeking recovery of possession
of said dwelling against a tenant for nonpayment of rent, shall file with the Court in the
pending casefile, a verification of compliance with the CARES Act, in substantially the
same form/format as attached hereto. Said verification of compliance shall be filed as
early as possible in the legal action but in any event, shall be filed before any judgment
for recovery of possession of said dwelling against a tenant for nonpayment of rent may
be entered in said legal action.
2. Beginning on the date of this Administrative Order and continuing until
July 25, 2020, in any currently pending legal action by a lessor of a dwelling, whether
represented by counsel or self-represented, which seeks recovery of possession of said
dwelling against a tenant for nonpayment of rent, said lessor or lessor’s counsel shall file
with the Court in the pending casefile, a verification of compliance with the CARES Act,
in substantially the same form/format as attached hereto. Said verification of compliance
081
shall be filed before any judgment for recovery of possession of said dwelling against a
tenant for nonpayment of rent may be entered in said legal action.
3. Blank copies of the verification of compliance form shall be available in the
Department of Civil Records of the Court and/or in the court division to which any said
legal action is assigned.
IT IS SO ORDERED.
May 7, 2020 _________________________________
Date David M. Byrn, Presiding Judge
cc: Court Administrator
All 16
th
Circuit Judges and Commissioners
Deputy Court Administrator - Family Court
Deputy Court Administrator – Circuit Court/Jury Supervisor
Director, Civil Process
Director, Civil Records
Legal Counsel
County Executive
County Legislators
County Administrator
IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI
Plaintiff
Defendant Case Number
Attorney Name, Address, Bar#
VERIFICATION OF COMPLIANCE WITH CARES ACT
NOW COMES the Plaintiff and states as follows:
The plaintiff is seeking to recover possession of the following described premises:
The undersigned has reviewed Section 4024 of Public Law 116-136, the Coronavirus Aid, Relief and Economic
Security Act (the CARES Act), and herby certifies that the above listed premises is not subject to the CARES Act
moratorium because:
☐The premises is not a covered dwelling as defined by Sec. 4024(a)(1) of the CARES Act; or
☐The premises is a covered dwelling as defined by Sec. 4024(a)(1) of the CARES Act and the case was initiated
prior to March 27, 2020 and the plaintiff is not seeking to charge fees, penalties, or other charges related to
nonpayment of rent ; or
☐The premises is a covered dwelling as defined by Sec. 4024(a) (1) of the CARES Act and the plaintiff does not
seek possession of the dwelling based upon the nonpayment of rent or other fees.
I declare under the penalties of perjury that this verification has been examined by me and that its contents
are true to the best of my information, knowledge, and belief.
______________________ ____________________________________
Date Plaintiff/Attorney
CARES ACT
Public Law 116-136
Explanation of Terms
Sec. 4024 TEMPORARY MORATORIUM ON EVICTION FILINGS.
(a) DEFINITIONS.—in this section:
(1) COVERED DWELLING. — The term “covered dwelling” means a dwelling that—
(A) is occupied by a tenant— (i) pursuant to a residential lease; or (ii) without a lease or with a lease terminable under
State law; and
(B) is on or in a covered property.
(2) COVERED PROPERTY.—The term “covered property” means any property that—
(A) participates in—
(i) a covered housing program (as defined in section 41411(a) of the Violence Against Women Act of 1994 (34 U.S.C.
12491(a))); or
(ii) the rural housing voucher program under section 542 of the Housing Act of 1949 (42 U.S.C. 1490r); or
(B) has a—
(i) Federally backed mortgage loan; or
(ii) Federally backed multifamily mortgage loan.
(3) DWELLING.—The term “dwelling”—
(A) has the meaning given the term in section 802 of the Fair Housing Act (42 U.S.C. 3602); and (B) includes houses and
dwellings described in section 803(b) of such Act (42 U.S.C. 3603(b)).
(4) FEDERALLY BACKED MORTGAGE LOAN.—The term “Federally backed mortgage loan” includes any loan (other
than temporary financing such as a construction loan) that —
(A) is secured by a first or subordinate lien on residential real property (including individual units of condominiums and
cooperatives) designed principally for the occupancy of from 1 to 4 families, including any such secured loan, the proceeds
of which are used to prepay or pay off an existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way by any officer or agency of the
Federal Government or under or in connection with a housing or urban development program administered by the Secretary
of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is
purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
(5) FEDERALLY BACKED MULTIFAMILY MORTGAGE LOAN.—The term “Federally backed multifamily mortgage
loan” includes any loan (other than temporary financing such as a construction loan) that—
(A) is secured by a first or subordinate lien on residential multifamily real property designed principally for the occupancy of
5 or more families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan
secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the
Federal Government or under or in connection with a housing or urban development program administered by the Secretary
of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is
purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
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Form 16: IN THE CIRCUIT COURT OF JACKSON (16th Circuit Court of Jackson County, Missouri)

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Completed 11 June 2021

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