No Shelter

in Place
How Arkansas
Eviction Laws
Harmed Renters
During the
COVID 19
Pandemic

Arkansas
Community
Institute
Contents
3 Executive Summary
6 Introduction
7 Arkansas’s Eviction Laws are Fast and Unforgiving
9 The Pandemic Made it Harder for Lots of Arkansans
to Pay Their Rent
15 Arkansas Leaders Did Little to Prevent Tenants
From Evictions
17 Eviction Filings Grew Over the Pandemic
19 Most Tenants Were Evicted Without a Hearing or
Legal Assistance
20 Eviction Cases Impacted More Female
and BIPOC Arkansans
23 Evictions Have Long Lasting Negative Effects
on Tenants
24 Recommendations

Arkansas Community Institute

The Arkansas Community Institute (ACI) is releasing this organizations working in seven southern states.
report as part of our project to reduce debt disparities in These partners are primarily focusing on four kinds of
Arkansas. ACI is a partner of the Southern Partnership to debt: high-cost loans (pay-day loans, auto loans); fines
Reduce Debt. and fees; medical bills; and student loans. ACI believes
that eviction policies in Arkansas and other states add to
Launched in 2017 by the Annie E. Casey Foundation, household debt and make it difficult for families to find
the Southern Partnership to Reduce Debt (SPRD) is a safe and affordable housing.
multi-year, multi-state effort to close the racial-ethnic
wealth gap and bring financial security to households of Arkansas Community Organizations and Arkansas
color. The effort involves several national organizations Renters United collaborated with ACI to reach out to
including—the Aspen Institute, National Consumer Law communities in Arkansas and gather data and stories
Center, National League of Cities, Prosperity Now, for the report.
and the Urban Institute —and more than 20 nonprofit

Acknowledgements

This report was principally authored by Amy Pritchard with support from Arkansas Community Institute staff members
Neil Sealy, Joyce Akidi, Al Allen, and Billy Cook.
Executive Summary

Introduction
Arkansas has some of the nation’s harshest eviction laws. Tenants who are even a day Across the State,
late on rent can be evicted. In some counties, tenants can be criminally prosecuted if
they do not move out within ten days of missing their rent payment. eviction filings

The COVID-19 pandemic caused immediate and long-lasting economic hardships for
increased
tenants, leading many Arkansans to fall behind on rent and face eviction. While leaders throughout the
across the nation enacted policies to delay evictions, Arkansas leaders declined to
take similar action. Although federal dollars were allocated to Arkansas to provide
pandemic.
tenants with rental assistance, these funds were slow to arrive and difficult to access.
In April 2022, Arkansas governor Asa Hutchinson was one of two state governors to
reject additional financial assistance for his state’s renters.

This report examines the impact of the COVID-19 pandemic on Arkansas renters.
It is informed by Arkansas Community Institute’s work with tenants throughout the
pandemic and includes an analysis of judicial evictions during the first two years of
the pandemic.

Findings
Many Arkansas renters were already rent-burdened (paying more than 30 percent
of their income on rent) before the pandemic. The COVID-19 pandemic made it even
harder for many tenants to pay their rent. Renters fell behind early in the pandemic,
and many found it hard to catch up as the pandemic continued. Excessive late fees
and other fees charged by landlords kept some tenants from catching up.

Across the state, eviction filings increased

throughout the pandemic. While courts delayed
eviction cases during the first few months of the
pandemic, eviction orders continued to be issued in
increasing numbers afterwards. Most tenants were
evicted without a hearing. Very few tenants had
legal representation. Many tenants were unaware
of federal laws protecting them from eviction
and struggled to raise these protections in court
proceedings.

The state’s most vulnerable citizens—including

low-income and unemployed tenants, households
with children, and people of color—were particularly
impacted by the financial fallout and resulting
evictions. While data about tenants’ race and gender
was limited, available data indicated that eviction
cases and criminal prosecutions disproportionately
impacted women and people of color.

Arkansas Community Institute No Shelter in Place | 3

Executive Summary / Findings

Pandemic evictions had long lasting negative effects on tenants. Once evicted, many
tenants found themselves burdened by excessive debt for past rent, moving costs, and
court assessed fees. These debts, along with adverse reports by landlords to credit
reporting agencies, prevented tenants from finding safe and affordable housing.

Recommendations
Based on the findings of this report, the Arkansas Community Institute offers the
following recommendations to improve Arkansas’s eviction processes and reduce the
impact of evictions, especially on the state’s most vulnerable residents: Arkansas’s
1. Amend eviction laws eviction laws
Arkansas’s eviction laws should be amended to provide procedural
protections for tenants and decrease the prevalence of evictions. should be
Arkansas lawmakers should implement the following changes:
amended
• Arkansas’s archaic failure to vacate law, which allows delinquent
tenants to be criminally prosecuted, should be abolished.
to provide
• Tenants should be given the “right to cure” a past due rent payment
procedural
before their landlord begins an eviction case in court. protections
• After an eviction is filed, tenants should be given 30 days’ notice
of the eviction action and the right to counsel during the
for tenants
eviction proceedings. and decrease the
2. Increase data collection prevalence of
All Arkansas courts should collect and report eviction-related data including evictions.
demographic data on tenants facing eviction actions (race, ethnicity, and
gender), as well as case outcomes including evictions and amounts
awarded to landlords. Data should be made available online.

3. Improve court proceedings

Courts can improve eviction procedures and decrease the number and
impact of evictions by making the following changes:

• Courts should offer alternative dispute resolution options to allow

landlords and tenants to work toward mutually agreeable resolutions.

• Court issued eviction notices should state, in plain language, the

deadlines for responding, the process for responding, and the
consequences for not responding.

• Eviction notices should include resources to help tenants who are

facing evictions, including legal service providers and community
resources.

4. Continue rental assistance programs

Arkansas should continue to build a system that provides rental assistance
to tenants who have fallen behind on their rent or may fall behind soon
due to circumstances outside their control. These funds ensure tenants
avoid homelessness and landlords have access to funds to pay expenses
related to the unit.

Arkansas Community Institute No Shelter in Place | 4

Executive Summary / Recommendations

• Rental assistance programs should adopt practices to make funds

accessible to meet urgent needs in a timely manner, such as providing
simple, plain language applications and allowing tenant self-
attestations in cases where documentation is unavailable.

5. Ban excessive rental fees

Arkansas lawmakers should enact policies to ensure that fees charged
to tenants are reasonable and transparent throughout the rental process.

• Housing providers should be required to clearly disclose fees to

applicants and tenants, including application fees, rental fees, and
move-out fees. Leases should be required to clearly state the total
amount that tenants will be required to pay at each stage.

• Allowable fees should be restricted to reasonable amounts reflecting

the actual costs and expenses incurred by ho using providers.
Excessive and compounding fees should be banned.

5
Introduction

The COVID 19 pandemic brought to the surface the social fault lines in the United
States. Racial, gender and class disparities were laid bare on many levels. The treatment
of renters in Arkansas and other states is but one example. This report explores the
experiences of many renter households from 2020 through 2022.

One in three Arkansans is a renter. The state’s laws overwhelmingly

favor landlords over renters. This bias in favor of landlords has

“The Worst
gained Arkansas national notoriety. In 2014, VICE media dubbed
Arkansas “The Worst Place to Rent in America.”1 In 2022,

Place to
Consumer Affairs ranked Arkansas’s laws as the worst in a ranking
of laws favoring renters.2

Even before the COVID-19 pandemic, many Arkansans struggled

to pay rent and afford other necessities. When the pandemic Rent in
America ”
hit, these financial challenges grew. Many Arkansans saw their
incomes decrease and expenses increase. As tenants fell behind
on rent, they began to fear evictions.
-VICE Media
To prevent an uptick in evictions, policymakers nationwide
implemented eviction moratoria and financial assistance programs
for renters. These eviction prevention strategies supported an overarching goal of
preventing the spread of COVID-19. Evictions often lead displaced tenants to seek
shelter in other homes or shelters, frustrating social distancing and quarantining efforts.

In contrast, Arkansas leaders took no steps to prevent evictions. Arkansas governor Asa
Hutchinson dismissed calls to halt evictions, and he rejected federal funds earmarked
to help Arkansas renters remain in their homes. At the height of the global public health
crisis, Arkansas tenants continued to be evicted, became homeless, and even spent time
in jail for falling behind on their rent.

Evictions can harm tenants in a variety of ways which were compounded by the
COVID-19 pandemic. The psychosocial harms of eviction include increases in stress,
anxiety, and depression, as well as marked disruptions to a tenant’s job, schooling, and
medical care. Once evicted, tenants experience financial challenges including court
judgments for past due rent, late fees, court costs, and other costs. Evicted tenants face
challenges in finding new housing when their rent debt and eviction record appears on
landlords’ tenant screening checks.

This report examines the ways that Arkansas’s one-sided eviction laws harmed tenants
throughout the COVID-19 pandemic. We begin by outlining Arkansas’s three eviction
laws, which are some of nation’s fastest and least forgiving. Then, we look at how the
pandemic led many tenants to fall behind on their rent. As landlords added late fees
onto tenants’ accounts, they struggled to catch up with the debt. Arkansas failed to
implement policy safeguards to prevent evictions and was slow to implement financial
assistance programs.

Arkansas Community Institute No Shelter in Place | 6

Introduction

When evictions were filed, most tenants were unable to challenge the case in court.
Most tenants lacked legal representation and were unable to take the steps required by
federal law to halt their evictions. As a result, evictions rose throughout the pandemic,
resulting in homelessness and high rent debts. These evictions had long-lasting effects
on tenants, particularly those who were already financially vulnerable, women, and
BIPOC individuals. The report concludes with policy recommendations to improve
housing stability and financial equity for all Arkansans.

Arkansas’s Eviction Laws are Fast

and Unforgiving

Background
In 2007, the Arkansas Legislature enacted a “ I’m willing to pay. I was going through
comprehensive package of landlord-tenant laws called the
hardship due to COVID-19. My hours here
Arkansas Residential Landlord and Tenant Act (“ARLTA”). have been reduced. Also, I am willing to
The act was based on model legislation that defined both pay or move. I’ll need more than 5 days
landlords’ and tenants’ rights and responsibilities. This
model law outlined a system, based on best practices, to leave the property. My kids and myself
where landlords and tenants work together to ensure safe don’t have family here. I’ll need 15 days to
and habitable dwellings.3
30 days to find a place to live.
”
Before approving the Act, lawmakers removed almost all -Pulaski County Tenant facing eviction in 20205
the tenants’ rights and landlord responsibilities from the
model legislation. This left Arkansas with a one-sided set
of laws that protects only landlords’ rights and recognizes
only tenants’ responsibilities.4 This one-sided nature can be seen clearly in the state’s
eviction laws. Arkansas offers landlords three legal avenues for landlords to evict a tenant
and to collect amounts owed. All three processes are quick, unforgiving and lack any
meaningful protections for tenants.

Statewide: Unlawful Detainer Evictions

Unlawful detainer 6 is the most frequently used eviction process in the state. Unlawful
detainers are civil cases filed in a county’s circuit court. The cost to file an unlawful
detainer case includes at least $165 in court filing fees plus service fees and
attorneys’ fees.

If a tenant does not pay their rent on time, their landlord can serve a three-day written
“notice to vacate” the property. Arkansas’s three-day period to vacate is the shortest
period nationwide.7 If the tenant has not moved after three days, the landlord can file
a complaint against the tenant for unlawful detainer of the unit. After the complaint is
filed with the court, the tenant is served with a five day “notice of intent to issue a writ of
possession,” along with a summons and a copy of the complaint.8

Arkansas is one of nineteen states where a tenant must respond in writing to an unlawful
detainer complaint. The tenant has five days to file their objection with the court. If
the tenant does not file a written objection within this time, the tenant can be evicted

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Arkansas’s Eviction Laws are Fast and Unforgiving

without a hearing. In most cases when the tenant does not object, the court clerk issues
a writ of possession (eviction order). The sheriff then serves the tenant with the writ and
orders the tenant to move. If a tenant does object or file an answer to the lawsuit, a court
hearing is usually scheduled for the judge to decide if the tenant can stay in the property
until a trial date.9

Some Counties: District Court Evictions10

In some counties, landlords also file evictions in district court, which is a lower-level
court that has limited jurisdictional power. District court evictions can be less costly for
landlords, with filing fees ranging from $50-80. These evictions are often referred to as
Arkansas is the
“ARLTA evictions,” “district court evictions,” and “small claims evictions.”
only state
This law was approved by the Arkansas legislature in 2007 (and amended in 2009). where tenants
However, only the Arkansas Supreme Court can give a district court the power to hear
certain types of cases. The Arkansas Supreme Court has not expressly given district
can face
courts the authority to accept new eviction filings. Because the Supreme Court has not
granted jurisdiction, only some district courts accept eviction filings under this law.11
criminal
Some Counties: “Criminal Evictions” 12 charges
Arkansas is the only state where tenants can face criminal charges for a late rent payment. for a late rent
Under Arkansas's "failure to vacate" law, a tenant who is one day late on rent loses his right
to stay in the property. The landlord can then serve the tenant a ten-day notice to vacate payment.
the property. If the tenant has not moved after ten days, the landlord can ask for a criminal
citation to be issued against the tenant. Under the criminal law, each day the tenant
stays in the unit is a separate offense. For each offense, a tenant can face criminal fines
between $1 and $25. This process is only available in certain counties.

Arkansas’s failure to vacate law was initially enacted in 1901 in Jim Crow era Arkansas.
When it was proposed, several senators spoke in opposition to the bill as it created
criminal penalties for civil contracts and would cause poor Arkansans to face jail time
if unable to pay criminal fines. Senator Lawrence argued the bill was simple class
legislation in favor of the landlord. He stated that tenants who are unable to pay their
fines would be sent to jail to “work it out,” referencing Arkansas’s practice of convict
leasing (abolished in 1909) where private parties could “lease” convicts and use them to
work in agricultural and industrial industries. Senator Dowdy spoke
in opposition to the bill, calling it “entirely one-sided” and expressed
concerns that tenants who had complied with their contracts may
still face eviction. The bill was referred out of the Senate Judiciary
Committee with a “Do Not Pass” recommendation but was
ultimately enacted by the Legislature.13

Over the past century, the senators’ warnings that failure to vacate
convictions will lead to jail time has repeatedly come true. The
act was amended in 2001 to expressly allow for jail sentences
in certain cases. After court challenges to the law, in 2017 the
Arkansas legislature amended the bill back to the pre-2001 version.
Tenants continue to face jail time for charges related to the failure
to vacate law, most often failure to appear or failure to pay fines.
Low-income Arkansans, especially women and people of color, are
disproportionately charged and harmed by this law.14

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Arkansas’s Eviction Laws are Fast and Unforgiving

Some landlords take evictions into their own hands

While most landlords use the court to evict tenants, some use threats, coercion, and
force. Unscrupulous landlords may change locks, turn off utilities, or take a tenant's
possessions. Some landlords even threaten tenants with violence and using weapons.
These actions, known as “self-help eviction,” are illegal in Arkansas.15 Despite self-help
eviction being illegal, it still occurs throughout the state.

One day late is all it takes!

Arkansas law does not give a tenant the “right to cure” or pay a past due rent payment to
avoid eviction. Even if it is only a day late, a landlord can refuse to accept a tenant’s past
due rent payment. The tenant then loses their right to stay in the rental property. This
can force a tenant to move out during the short notice periods even if they had the ability
to cure the late payment.

The Pandemic Made it Harder for Lots

of Arkansans to Pay their Rent

Arkansas renters struggled to

pay rent before and during “since
I am a single mom of 4 children. I have not been working
March 1, 2020, because of the Corona pandemic.
the pandemic
Currently waiting on unemployment to come, they said it
Before the pandemic began, many Arkansans were
already facing challenges in meeting their monthly should be in the mail next week… I plan on moving as soon
rent payments. as I have the funds to do so. I have been without a vehicle

In 2020: since March and with kids out of school and keeping food in
the fridge as well as gas, electric, and water and internet for
• 43.5% of Arkansas renter households
kids school it has taken all funds. Paying to move at this time,
(153,639) were considered “rent burdened,”
meaning renters were paying more than 30% first, last and deposit and pay past due rent at this time there
of their income on rent. is no way. I understand my landlords needs for me to vacate

• 20.3% of Arkansas renter households as soon as possible. I am doing the best I can with the means
(71,633) were considered “extremely rent
burdened,” meaning they were paying more
I have to do so.
” - Washington County tenant16
than 50% of their household income on rent.17

• 27% of Arkansas renter households were

“extremely low income,” with 63% of these
households having a severe cost burden in
accessing rental housing.18

The pandemic brought massive financial challenges for renters. Arkansas Community
Organizations received calls from tenants who had lost jobs or had their hours reduced.
Tenants reported they had to quit jobs to care for their children when childcare facilities
and schools closed. Other tenants quit work due to their own or a family members’
health condition. Even in early weeks, tenants expressed concerns about being evicted
for being unable to make rent payments.

Arkansas Community Institute No Shelter in Place | 9

The Pandemic Made it Harder for Lots of Arkansans to Pay their Rent

Arkansas’s joblessness rate doubled during the first three months of the pandemic.
The state’s joblessness rate reached a peak of 10.2 percent near the end of May before
slowly decreasing over the next two years.19
Arkansas’s
Six months into the pandemic, Arkansas Renters United followed up with early callers. joblessness rate
doubled
Many tenants reported they were still struggling to cover basic needs. Some callers were
being evicted. Others worried they would be evicted soon.

Renters fell behind, and many stayed behind, on rent during the first
Throughout the pandemic, the U.S. Census Bureau conducted bi-weekly and monthly three months of
surveys to obtain a snapshot of how the pandemic affected those living throughout the
U.S. The survey included questions to determine the status of tenants’ past and future the pandemic.
rent payments and their likelihood of facing eviction.

In September 2020, an estimated 15 percent of tenants were behind on their rent. Over
the first two years of the pandemic, an estimated 15 to 19 percent of tenants were
behind on their rent payments. In the chart below, Arkansas renter households behind on
rent are displayed in red and national averages are displayed in yellow.20

Renter Households Behind on Rent

19% 19% 19%

18%
18% 18% 18% 18% 18%
17% 17%
16% 16%
18% 15% 17%
14% 15%
14% 17% 16%
16% 16%
15% 15% 15%
13% 14%
14%
13%
13% 13%
12%
8/16/20 12/16/20 4/16/21 8/16/21 12/16/21 4/16/22 8/16/22 12/16/22

Rent debt remains at crisis levels, placing million of renters at risk of eviction. nationalequityatlas.org/rent-debt

Those behind on their rent are financially vulnerable

Almost three out of four tenants who are behind on their rent are low income. Half of the
households that are behind on rent include children. One in four of those behind on their
rent are unemployed.21

Characteristics of Renters Behind on Rent, Arkansas

People of Color Low Income Unemployed Households with Children

37% 71% 27% 53%

Those behind on rent are overwhelminly low-income households who experienced job and
income losses during the pandemic. nationalequityatlas.org/rent-debt

Arkansas Community Institute No Shelter in Place | 10

The Pandemic Made it Harder for Lots of Arkansans to Pay their Rent

Black renters were disproportionately rent burdened and housing insecure before the
pandemic. In 2019, 51 percent of Black renters were rent burdened and economically
insecure, compared with 38 percent of white renters.22

The federal government offered financial help for

some tenants
In March 2020, the federal government passed the Coronavirus Aid, Relief, and
Economic Security (CARES) Act. The CARES Act aimed to assist individuals and
businesses harmed by the pandemic. Most Americans received stimulus checks.
The CARES Act increased the availability and duration of unemployment
insurance assistance.23

In December 2020, Congress passed the Consolidated Appropriations Act of 2021,

a second federal relief package that included more stimulus checks and additional
unemployment benefits.24

Rental assistance was delayed and difficult to access

Both federal relief packages also included rental assistance funds. Nationally, federal
rental assistance funds helped to prevent evictions, with approximately a million tenants
Many
helped nationwide in 2021 through these funds and other government programs.25

Through the CARES Act, Arkansas received $10 million in federal rental assistance
tenants
funds. In October 2020, the Arkansas legislature created the Fresh Start program. The experienced
barriers
Fresh Start program distributed rental assistance funds through statewide community
action agencies. The program launched in November 2020 and offered help for up to
two and a half months of past due rent.
to accessing
The need was great for rental assistance, and on its first day the Fresh Start program available funds
website received 25,000 hits. By early December, many agencies had committed all their
available funding. Statewide, agencies distributed $4 million before the end of 2020.26
in time to meet

While community agencies received $12 million in additional funds to distribute to needy
rent
tenants, tenants were only eligible if their income was below 125 percent of the poverty obligations.
level, meaning many Arkansans did not qualify for the available assistance. Arkansas was
one of only a few states that did not increase the financial eligibility threshold to 200
percent, as allowed by the CARES Act.27

In January 2021, Arkansas set aside over $173 million in federal dollars for the
Emergency Renter’s Assistance Program (ERAP). The goal of ERAP was to help renters
affected by COVID-19 to pay up to fifteen months in past due or prospective rent, late
fees, and utilities.

While the federal dollars offered relief when they could be accessed, many tenants
experienced barriers to accessing available funds in time to meet rent obligations.
Arkansas Community Organizations heard from many tenants whose pandemic
unemployment assistance applications had been delayed or denied. Both tenants and
landlords reporting challenges with accessing funds through the rental assistance
programs, including onerous documentation requirements. Some tenants also
reported that their landlords would not participate in the program. Without a landlord’s
participation, the tenant could not access rental assistance. Six months into the ERAP

Arkansas Community Institute No Shelter in Place | 11

The Pandemic Made it Harder for Lots of Arkansans to Pay their Rent

program, only 10 percent of funds had been spent. As the federal eviction moratorium
ended, many tenants had been unable to access rental assistance funds because of
program delays, bureaucratic hurdles, unmeetable documentation requirements, and
uncooperative landlords. While funds existed to help prevent increased evictions, they
rarely made it to landlords to address rent debts.

One affected tenant was Erica McPherson, a mother of three who fell behind on her rent
and utilities in 2021 due to health problems. On June 1, 2021, Ms. McPherson applied for

“andmany states
rental assistance, but her application had not been processed as the eviction mortarium
neared its end. As with many rental units, Ms. McPhearson’s rental unit needed
significant repairs as the electricity had stopped working in parts of her house. “I don't cities
ask for a lot, [but] it's summertime, and I owe $1,500 for two months' rent,” McPherson
are spending
said. “Electricity has run out in certain areas of my house. I don't want to remind [the
landlord] I haven't paid rent by asking him to do repairs that cost money.”28 money
As of October 2021, only 22 percent of the program funds had been awarded. In April abysmally
2022, the state stopped accepting applications for rental assistance. As of June 2022,
and
only 19 percent of tenants with past due rent had applied for rental assistance, with 2
percent reporting they had received rental assistance, 4 percent reporting they were unacceptably
waiting for a decision, and 11 percent reporting they had been denied.29 The limited
program participation rates and high reported denial rates indicate that many who
slowly.”
could have benefited from rental assistance lacked the knowledge or ability to access
it. Arkansas’s slow rollout of rental assistance funds reflected a national trend, but Diane Yentel, president
Arkansas was notably one of seven states nationally that had spent less than 1 percent and chief executive officer,
of its allocated funds by June 2021. Diane Yentel, president and chief executive officer National Low Income
of the National Low Income Housing Coalition, expressed frustration at that there were Housing Coalition
“many states and cities who are spending money abysmally and unacceptably slowly.”
She cited overly bureaucratic processes, understaffed program administrators, issues
with technology
and landlords’
unwillingness to
participate in the
88.74% 68.23% 39.18% 84.33%
process as being 100%
67.53%
causes of the 34.10% 83.68% 92.47%
delays.30 98.29%
55.61% 60.87% 89.87% 100%
90.50%
30.85% 100%
100%
As of the end of 81.02% 66.02% 98.43% 85.49%
99.68% 75.44% 45.20% 78.87%
2022, Arkansas had 84.82%
92.16% 72.50%
84.78%
91.58% 72.65%
spent 85.82 percent 75.27% 98.94%
91.70%
of the Emergency 98.57% 33.12% 93.09%
69.27% 70.12% 85.82%
Rental Assistance 68.53%
94.01%
received for financial 93.87% 76.68%
91.95%
assistance, housing 76.10%

stability services, and 100% 97.31%

administrative costs.
Compared nationally,
100%
Arkansas was in the
bottom 20 percent of 0% 100%
states in percentages
distributed.31 % of Total ERA Funds (ERA1 + ERA2) Expended by State Programs
National Low Income Housing Coalition (NLIHC)

Arkansas Community Institute No Shelter in Place | 12

The Pandemic Made it Harder for Lots of Arkansans to Pay their Rent

Arkansas’s governor rejected federal dollars that could have

helped alleviate rent debts
In May 2021, the federal government made an
additional $21.6 billion in rental assistance available
to states. In April 2022, Arkansas closed its rental
assistance program, and Governor Hutchinson
rejected these funds. Arkansas was one of only two “there,
Our economy has returned. There are jobs aplenty out
and we have existing programs in place for rental
states to decline this assistance. The governor said assistance that were pre-pandemic. We are back working
Arkansas's economy had recovered and existing
to the same extent pre-pandemic, and we have the same
programs would meet tenants’ needs.
opportunity moving up the economic ladder, so we need to
While the governor claimed economic hardships
were over, many tenants were still struggling. In April
move back to the same rental assistance we had before.
- Arkansas Governor Asa Hutchinson32
”
2022, an estimated 15 percent of Arkansas renters
owed past due rent. 12 percent of renters had no
confidence they would be able to make upcoming
rent payments. Of those behind on rent, 80 percent
worried they were likely to face eviction in the coming two months. 40 percent of
renters were two months behind on rent, with 15 percent being eight or more months
behind on rent.33

The additional federal dollars could have helped tenants rise out of rent debt. These
funds would have compensated landlords who were owed rents. Instead, Governor
Hutchinson allowed rent debts to continue to grow, harming Arkansas families and
the Arkansas economy.

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The Pandemic Made it Harder for Lots of Arkansans to Pay their Rent

In October 2022, Arkansas ranked 7th in an online ranking of “states with the most
renters behind on rent payments.” One in five renters (20 percent) reported being behind
on rent in 2022. This was up from 16 percent in 2021 and 14 percent in 2020.34

As of February 23, 2022:

• Arkansas renters had an overall estimated rent debt of $33,500,000.
• This amount belonged to approximately 31,000 households.
• 54,000 children lived in households behind on rent.
• The average rent debt per household was $1,080.35

Late fees and other costs kept tenants from catching

up on their rent
When a tenant falls behind on rent, their landlord often
charges late fees. While these fees can be a one-time
fee, some landlords charge daily late fees of $10-15 a
day. These amounts mean a tenant who misses a rent “in eviction
I’ve communicated weekly with… management and now
and fees they want me to pay double my rent
payment may end up paying as much in late fees as amount. My lease is up at the end of October and I was told
they do in rent!38 there is a moratorium on evictions. I will pay my rent I just

Landlords often assess a series of fees upon an

”
can’t afford these. . . fees.
-Pulaski County tenant36

evicted tenant, including lease termination fees,

reletting fees, attorney’s fees, court costs, and “ I have full intent on paying what is owed, when I can.
If I couldn’t afford the $465, they have made it almost
“liquidated damages” (an amount listed in the tenant’s impossible to pay back, as my balance owed is $1400 and

”
lease that will be charged if the lease term is not they add $10 every day.
completed, often thousands of dollars). If the landlord - Washington County tenant37
sues the tenant in court, the court can issue a
judgment and order the tenant’s wages be garnished
to pay the judgment. Even if an eviction never went
to court, many landlords send these eviction fees to
third-party collection agencies and report these amounts to credit reporting agencies.
Many landlords are unwilling to rent to tenants with outstanding rent debts, making it
harder for these evicted tenants to find new housing.

The National Consumer Law Center recently examined the various fees charged
by landlords during application, tenancy, and after a lease termination or eviction.
NCLC found that many tenants were charged “abusive junk fees” that made it hard
for them to find affordable housing. In a recommendation written to the Federal Trade
Commission, the NCLC and nearly forty partners recommended that the FTC “work
with the Consumer
Financial Protection
Bureau (CFPB) and the
Department of Housing
and Urban Development
(HUD) to investigate and
prevent the imposition
of these junk fees
so that they do not
contribute to the already
growing financial burden
that renters in this
country face.”39

14
Arkansas Leaders did Little to Prevent
Tenants from Evictions

As tenants fell behind on rent, increasing numbers of Arkansans were at risk

of being evicted.

The federal government offered limited protections for

Arkansas tenants
The CARES Act included a limited eviction moratorium that protected certain tenants
from eviction during the moratorium period. Under the CARES Act, landlords of “covered
dwellings” were prohibited from filing evictions for non-payment of rent. "Covered
dwellings" included properties receiving federal housing subsidies and covered by
federally backed mortgages. Landlords of covered dwellings could not charge late fees
or penalties. The CARES Act eviction moratorium ended on July 25, 2020.

In September 2020, the Center for Disease Control issued a new eviction moratorium.
This broader moratorium covered most rental properties. It prevented landlords from
evicting tenants who were unable to pay their rent because of pandemic-related
reasons. To qualify for the CDC protection, tenants had to sign a declaration and give a
copy to their landlord. While the moratorium stopped evictions, it did not waive a tenant's
rent obligations. The CDC moratorium ended on August 26, 2021.

Arkansas leaders did little

to prevent evictions
Across the country, state and local governments enacted policies
to safeguard renters. These protections included broader
eviction moratoriums and restrictions on utility shutoffs. Many
governments restricted landlords from charging late fees or “fashion.
I expect landlords to work in a humanitarian
Now that the money is starting to flow
lodging negative credit reports.
a little bit more I hope that eases the burden
some. But we know that they need to be patient.
On March 16, 2020, Arkansas Renters United sent a letter urging
Governor Asa Hutchinson to act to prevent homelessness and But at the same time the renters when they have
housing insecurity. In its letter, ARU appealed for an immediate the money they ought to be paying the rent and
eviction and foreclosure moratorium. On April 3, 2020, ARU I expect that they are doing that. I’m relying on
followed up its letter with a "social distancing protest." In late May, that trust relationship a little more and I want to
ARU joined other organizations in urging Governor Hutchinson to
enact an eviction moratorium.
see that work.
”
- Arkansas Governor Asa Hutchinson
April 29, 202042
Governor Hutchinson disregarded calls for eviction prevention
measures. He stated that a moratorium was unwarranted. The
governor said he believed landlords would “work in a humanitarian
fashion” with tenants affected by the pandemic.

On April 28th, the Arkansas Supreme Court issued an order on new filings for evictions
for non-payment of rent. Under the order, landlords had to affirm their property was not a
“covered dwelling” under the CARES Act moratorium. This order remained in effect until
July 25, 2020.43

Arkansas Community Institute No Shelter in Place | 15

Arkansas Leaders did Little to Prevent Tenants from Evictions

Even efforts to reduce the compounding harm of pandemic-related evictions were

rejected by Arkansas lawmakers. In 2021, Arkansas lawmakers Sen. Clarke Tucker
and Rep. Ashley Hudson proposed a bill that would have allowed tenants who were
evicted as the result of being adversely affected by the COVID-19 pandemic to ask that
the eviction record be sealed. This bill would have reduced the harm on many tenants
who had been evicted even though they were eligible for protection under the CDC
moratorium. The bill failed after two lawmakers spoke against it, “saying it creates a
problem for landlords who might be trying to find out whether a new tenant had failed to
pay rent.”45

“was
...Arkansas
The Eviction Lab at Princeton University monitored state eviction-prevention policies.
The Eviction Lab assessed states’ eviction protections using a “Housing Policy
Scorecard.” This scorecard looked at 22 potential protective measures adopted one
by states. of only
Out of 22 potential policy solutions, Arkansas only enacted seven
states
the following three requirements:

• Until July 25, 2020, landlords filing new eviction actions

had to certify the property was not a "covered dwelling" to receive a
under the CARES Act.

• Utility providers were prohibited from disconnecting

0.0
services due to nonpayment.
out of 5.0
• Utility providers were required to waive fees to
reconnect services.
score...
”
Due to the state’s failure to enact any meaningful protections for tenants, Arkansas was
one of only seven states to receive a 0.0 out of 5.0 score on the scorecard.44

16
Eviction Filings Grew over
the Pandemic

Methodology
Arkansas Community Institute reviewed court cases and data for all publicly available
pandemic-related eviction cases. Individual cases were reviewed using the Arkansas
Administrative Office of the Courts Public CourtConnect website. Additional case data was
provided by the Administrative Office of the Courts. Most circuit courts report unlawful
detainer data, but only a few district courts report their case data. Because of this, this
report likely undercounts the true number of evictions, especially those filed in district courts.

No data exists on the number of tenants who moved out prior

to a court filing, meaning that the numbers discussed below
underestimate the true numbers of tenants who were displaced Landlord Snapshot
by the COVID-19 pandemic.

Unlawful Detainer filings increased

Who Was Filing
throughout the pandemic Unlawful Detainers?
Unlawful detainer filings slowed only during the first few months
of the pandemic. In 2019, landlords filed an average of 460 In Pulaski County, nearly 10 percent of the unlawful
unlawful detainers monthly. In March 2020, evictions slowed detainers filed in the first year of the pandemic
mid-month and landlords filed 360 unlawful detainer actions. were filed against tenants living in units managed
During the months that the Supreme Court per curiam order was
by Lindsey Management, one of the state’s largest
in effect, unlawful detainer filings slowed. Filing rates returned to
property management company. Many evictions
pre-pandemic levels by September 2020.
were also filed at properties with histories of poor
In 2021, landlords filed an average of 490 unlawful detainer housing conditions and lack of code compliance,
cases monthly. The rate of filing increased throughout the year. including three that Arkansas Renters United has
From September 2020 to August 2021, the CDC moratorium had organized tenant membership over the years
protected many tenants from eviction for nonpayment of rent. (Bradford Estates, Big Country Chateau, and the
During this period, most all unlawful detainer cases filed were
Villas on 65th).
for non-payment. The CDC moratorium ended in August 2021. In
September 2021, landlords filed 695 unlawful detainer cases.

By 2022, landlords were filing an average of 696 unlawful

detainer actions a month. The filing
rate increased over the year. During
the second half of 2022, an average
of 754 unlawful detainers were
filed monthly.

Arkansas Community Institute 17

Eviction Filings Grew over the Pandemic

Total Unlawful Detainer Fiings by Quarter

3000

2434
2500
2063 2089

2000 1768
1672 1695
1474 1465
1356 1383
1500 1265
1130

1000
609

500

0
4Q 2019 1Q 2020 2Q 2020 3Q 2020 4Q 2020 1Q 2021 2Q 2021 3Q 2021 4Q 2021 1Q 2022 2Q 2022 3Q 2022 4Q 2022

Across Counties, Unlawful Detainer Filing Rates

Kept Increasing
Pulaski County, the state’s most populous county, has the state’s largest number of
unlawful detainer filings. In 2022, Pulaski County unlawful detainer cases were 41% of all
unlawful detainer cases filed statewide.

Pulaski County’s unlawful detainer filings reflected filings statewide. Pulaski County saw
a sharp drop in in unlawful detainer filings in March through August of 2020, with filings
returning to at or above historic averages in September 2020. Pulaski County saw a
decrease in filings during mid-2021, after which filings began increasing and continue to rise.

Washington, Benton, Craighead, Crittenden, and Faulkner County were the five counties
with the next highest rates of eviction filings statewide. Unlawful detainer filings in these
counties similarly decreased in the spring and summer of 2020 before returning to
historical average numbers of filings that increased over time.

Unlawful Detainer Filings in Other Counties

120

100

80

60

40

20

0
Se 1

O 1

De 1
0

Au 0

20

21

Au 1

21
21
0

No 0
19

1
-19

Se 0

O 0

De 0

No 1
19

20

M 0

20

M 1

21
20

2
-2
-2

l-2
r-2
-2
-2
-2

l-2
r-2
-2

g-

p-

v-
n-

c-
b-

n-
v-

c-

c-
n-

g-

p-

v-
n-

b-

ct
ay
ar
ct

Ju
ct
ay
ar

Ap
Ju
No

Ja

Fe

Ju
De

Ap

Ju
Ja

Fe

M
O

4th Washington 19W Benton 2nd Craighead 2nd Crittenden

Arkansas Community Institute No Shelter in Place | 18

Eviction Filings Grew over the Pandemic

Courts Continued to Issue Writs of Possession

In Washington and Pulaski County, courts issued writs of possession for approximately
half of all unlawful detainer cases filed during the first year of the pandemic. Specifically,
writs were issued in 852 of the 1895 cases filed in Pulaski County (45 percent), and in
299 of the 603 cases filed in Washington County (50 percent). In Benton County, these
numbers were lower, with writs being issued on only one-third of all unlawful detainer
cases filed during that period (115 writs issued on 349 cases).

In Pulaski County, the issuance of writs of possession stopped during the first months of
the pandemic then slowed during the summer of 2020 before continuing to rise over the
next year. Over 1,000 writs were issued to evict tenants during 2021.

Most Tenants were Evicted without

a Hearing or Legal Assistance

Tenants rarely filed objections in unlawful detainer cases

After being served with the notice of intent to issue a writ of possession, tenants have
five days (not including Sundays and holidays) to file an objection. If no objection is filed,
the court can issue a writ of possession and the tenant is evicted.

In 2020, only one out of every five tenants in an unlawful detainer case filed an
objection.46 Many times, tenants failed to object because they were unaware of the rights

“tenants
and protections available to them.
Many times,
Often, tenants report being confused by the large stack of papers they are served with. failed to
The top paper they are served with is often a summons, which tells the tenant they have
thirty days to answer to the landlord’s lawsuit. It is not until page three of the packet object because
that the tenant is notified they have five days to file an objection or be evicted. Many
tenants incorrectly believe they will be given a hearing date to explain their situation they were
before an eviction occurs. As part of its eviction prevention project, Arkansas Community
Organizations contacted tenants listed in court pleadings to inform them of the five-day unaware
period and the process for objecting. of the rights
The pandemic caused additional barriers for tenants trying to file an objection. Some and protections
tenants were unable to leave their homes due to illnesses, childcare obligations, and available to
”
quarantines. Others faced transportation challenges or found local community agencies
closed. In Pulaski County, Arkansas Community Organizations assisted these tenants by them.
delivering their objections to the courthouse until the court clerk’s office said that they
would not accept objections unless the tenant delivered it themselves.

Even when tenants objected, they didn’t know how to invoke

available protections.
For over a year, the CDC moratorium protected many tenants from eviction for non-
payment of rent. To invoke the CDC moratorium protections, a tenant had to sign a CDC
declaration form and give it to their landlord.

Arkansas Community Institute No Shelter in Place | 19

Most Tenants were Evicted without a Hearing or Legal Assistance

Many tenants did not know about the CDC protections or how to use them. In a review of
fall 2020 unlawful detainer filings, Arkansans for Stronger Communities found that many
tenants who might have been eligible for CDC protections did not complete the steps
needed to invoke the protections.

In September 2020, 34.3 percent tenants who filed a written objection alleged facts that
indicated they might have been eligible for CDC protections, but did not file or submit a
CDC declaration. For later months, the number of eligible tenants who did not properly
invoke protections were as follows: October: 45.5 percent (36 out of 79), November: 25.8

“Arkansas
percent (16 out of 62), and December 45 percent (23 out of 51).47
...in the three
Tenants were Rarely Represented by Counsel in Eviction Cases
Legal representation can often lead to better outcomes for tenants facing evictions.
However, in the three Arkansas counties with the highest rates of unlawful detainer
counties with
the highest
filings, tenants were rarely represented by counsel. In Benton County, only one percent
of tenants facing evictions in unlawful detainer cases were represented by an attorney.
This number was only slightly higher in Pulaski County, where three percent of tenants in
unlawful detainer cases were represented by counsel.
rates
of unlawful
In Washington County, nearly ten percent of tenants in unlawful detainer cases were
represented by counsel. In these cases, courts issued writs of possession at much lower
detainer filings,
rates than overall in Washington County. While Washington County judges issued writs tenants were
of possession in 50% of all cases filed during the first year of the pandemic, writs of
possession were only issued in 26% of cases where the tenant was represented by
an attorney.
rarely
represented
Total Cases
Filed
# of Cases where
Defendant had Attorney
Writs Issued in cases
with Attorneys
by counsel. ”
Benton 349 3 (1%) 1 (33%)

Pulaski 1895 62 (3%) 25 (40%)

Washington 603 54 (9%) 14 (26%)

Eviction Cases Impacted More

Female and BIPOC Arkansans

Tenants in Unlawful Detainer cases were

Disproportionately People of Color
The Arkansas judiciary collects racial and gender data on case parties at the closing of a
case. Between January 2020 and August 2021, only 13 percent of the cases filed reflect
racial or gender data. In the cases where race was reported, 40.6 percent of defendants
in unlawful detainer cases were Black. African Americans make up only 15 percent of

Arkansas Community Institute No Shelter in Place | 20

Eviction Cases Impacted More Female and BIPOC Arkansans

Arkansas's population. Despite the small sample size, this data suggests that Black
Arkansans were disproportionately affected by unlawful detainer filings.

Unlawful Detainers by Race

“...Black
5% Asian or Pacific Islander

Arkansans were
disproportionately
52% White 41% Black affected by
unlawful
detainer
2% Unknown filings. ”
Washington County reported the race and gender of over 30 percent of tenants facing
evictions. Of those reported, 15 percent of tenants were Asian or Pacific Islanders, 22
percent were Black, and 58 percent were white. The overall population of Washington
County is 86 percent white, 4 percent Black, and 6 percent Asian or Pacific Islander.
Despite its small sample size, this data suggests that Asian / Pacific Islander and Black
residents faced evictions at disparately higher rates in Washington County.

Craighead County also reported race or gender data in 30 percent of its unlawful
detainer cases. Of those cases reported, 52 percent of tenants facing eviction were
Black and 44 percent were white. Black residents make up only 17.5 percent of the
overall population in Craighead County.

Data is unavailable on the number of Latinx tenants affected by evictions during

this period.

Unlawful Detainer Defendants were Disproportionately Female

In cases where gender was reported, 56 percent of Washington County defendants
and 58 percent of Craighead County defendants were female. Race and gender
were reported in only 10 percent of cases in Pulaski County and in only one case in
Benton County.

Arkansans for Stronger Communities, a nonprofit public benefit corporation, analyzed

all unlawful detainer cases in the second through fourth quarters of 2020. Their
analysis found that during this period, individual female tenants were named defendants
in unlawful detainer cases at a much higher rate than individual male tenants or joint
male and female tenants. 52 percent of defendants in all eviction cases were female,
compared to 30 percent being males and 18 percent including both male and
female defendants.48

Failure to Vacate Prosecutions Also Disparately Impacted Female and BIPOC Tenants
Court data indicates that at least 338 individuals were prosecuted for failure to pay rent
or vacate during the first year and a half of the pandemic. As most district courts do

Arkansas Community Institute No Shelter in Place | 21

Eviction Cases Impacted More Female and BIPOC Arkansans

not report their cases through the CourtConnect system, this number was likely much
higher. Of all cases:

• 80 percent of defendants were white (273)

• 15 percent of defendants were Black/African American (51)

“...female
• 41 percent of defendants were male (138) and 56 percent were female (190).
• 99 defendants plead or were found guilty of the crime of failure to vacate.

tenants
• 230 occurred in Garland County, 41 in Hot Spring County, and 32 in
Polk County.
• 161 resulted in charges being dismissed (either because the tenant moved out
were named
or the landlord requested the dismissal), 101 resulted in defendants pleading
or being found guilty, and 28 cases were dismissed. defendants
From March to December 2020, over one hundred failure to vacate cases were reported
in unlawful
in Court Connect. Of these cases, judges ordered tenants to be arrested (rather than detainer
issued summonses or citations) in 6 percent of cases. Tenants are jailed in those cases
until they are released on bond or released on their own recognizance. In 28 percent of
cases at a
cases, tenants failed to appear at a hearing for their case, either the initial arraignment,
subsequent hearing, or trial. In cases where tenants did not appear, judges often issued
much
a failure to appear warrant for the tenant’s arrest, requiring a bond of $600-$1,000.
higher
The failure to vacate process does not give a judge the authority to evict a tenant.
Nonetheless, docket entries indicate that regardless of a tenant’s plea, the tenant is
rate.”
encouraged or ordered to leave the property before a trial date.

At a final hearing, Garland County Judges often issue a no contact order between the
tenant and the property, meaning that the tenant cannot come near their former home. If
the no contact order is violated, the former tenant can face additional criminal charges.
In one case, a tenant appeared and reported he had moved out of the unit, and charges
were dismissed because the landlord did not appear for the hearing. Nonetheless,
the Court issued a no contact order between the tenant and the property, over the
tenant’s objection because he was
employed as a maintenance man
at the property. The Court told
the defendant the landlord would Renter Snapshot
have to call and ask to have the no
contact order revoked, which did
not occur. As a result, the tenant
Victory!
not only lost his housing, he had The county reporting the second highest rate of failure to vacate prosecutions
to give up his job in order to avoid was Hot Spring County. In September 2021, tenants Cynthia and Terry Easley
additional criminal charges. filed a federal lawsuit against the Hot Spring County sheriff and prosecutor
after they were charged with failure to vacate when they fell behind on their
Court dockets also indicate tenants rent after the water was shut off to their property due to disrepair. In their
were ordered into payment plans lawsuit, the Easleys argued that the criminal law was unconstitutional because
with landlords, even in cases where it criminalized poverty and allowed for the imposition of excessive fees. The
the charges are dismissed, and Easley’s case was dismissed after the couple moved from the state. As a result
some entries indicate that tenants’
of this case, the Hot Spring County prosecutor stopped prosecuting tenants
drivers’ licenses may have been
criminally for non-payment of rent.49
suspended related to these cases.

Arkansas Community Institute No Shelter in Place | 22

Evictions Have Long Lasting Negative
Effects on Tenants

Evictions may have broad collateral impacts on tenants and their families. Most
immediately, an eviction amplifies the tenant’s financial crisis as unexpected financial
costs and fees emerge. After being evicted, the tenant (who was unable to pay at least
the current month’s rent) now must come up with the funds to move and secure a new
home. Moving often requires application fees, first and last month’s rent, and security
deposits for the unit and the utilities.

Along with the costs of moving, evicted tenants often end up owing large amounts for
rent debt and costs and fees related to the eviction. In private evictions, landlords often
send tenants to collection
agencies over not only
past due rent, but multiple
Renter Snapshot
other fees including late
fees and rerenting fees.
Many of those who fell September’s Story
behind on rent were Throughout the COVID-19 pandemic, Arkansas Renters United worked with many tenants
unable to address their who fell behind on their rent and struggled to catch up and pay late fees. One of these
debts without neglecting tenants was September. Here is her story:
other necessary expenses In early 2020, September got very sick and later got COVID. “Because Covid was so new,
such as food, medicine, I was the first person at my work to catch it. It did nearly permanent damage to my kidney
or utilities. and liver. They fired me when I tried to go back to work, and I lost my income,” she said.
September made all her rent payments but was evicted over late fees. She tried to find
This massive rent debt rental assistance and applied for assistance from three separate housing authorities, but
haunts evicted tenants as she was unable to find help. September completed a CDC declaration and submitted it to
they attempt to find and her landlord, and she distributed copies of the CDC information to her neighbors.
maintain stable housing. The judge, who September says is also a landlord, refused to recognize the CDC
These tenants experience moratorium and ordered September evicted. The eviction case was filed more than once,
collection activities and which made it appear like September had been evicted more than one.
adverse credit reporting. After the eviction, September became homeless and struggled to find new housing.
In civil cases, a landlord’s September said the eviction “made it impossible to rent and made me homeless for
judgment against a tenant 7 months. If it wasn’t for my church, I would never have gotten out of that hole. I lost
for a rent debt can allow everything I owned. I lost all the videos of my children, their baby books, jewelry, and every
valuable possession that mattered to me.
them to garnish a tenant’s
wages, bank account, or According to September, the eviction took an immeasurable toll: “A lot of people don’t have
property. In criminal cases, windfalls, inheritances, or win jackpots. My only windfall in life is when I get a tax return.
When you don’t have family, friends, or anyone else to turn to. When you don’t have anyone
tenants face additional
who can or will help you, it destroys you when you’re evicted. It devastates you completely.
criminal charges and jail You have no self esteem, self worth, you lose your valuables, you feel humiliated, and it
time if they fail to pay their breaks your heart. To be evicted is to destroy a person to their soul. I cannot tell how much
rent debt. In all cases, it hurts you.”
evictions create a court “I am never late on my rent. I work hard at two jobs and it’s still difficult to keep up with bills.
record that leads future I don’t know if I would survive another eviction. Most people who have ever been through it
landlords to deny know that you would rather be dead than go through that again.”
them housing.

Arkansas Community Institute No Shelter in Place | 23

Evictions Have Long Lasting Negative Effects on Tenants

Evictions disrupt many aspects of tenants’ lives and can impact their jobs, their children’s
schools, medical care, and access to transportation. According to the researchers at
Princeton University’s Eviction Lab, “[t]he evidence strongly indicates that eviction is
not just a condition of poverty, it is a cause of it.”50 During the pandemic, evictions also
presented a public health concern as evicted tenants could no longer shelter in place to
prevent the spread of diseases. Evicted tenants were often forced to double up in other
family member’s homes or in shelters, impacting social distancing efforts.

Recommendations

“[t]he evidence
Based on the findings of this report, the Arkansas Community Institute offers the
following recommendations to improve Arkansas’s eviction processes and reduce the
impact of evictions, especially on the state’s most vulnerable residents:
strongly
1. Amend eviction laws indicates that
Arkansas’s eviction laws should be amended to provide procedural protections
for tenants and decrease the prevalence of evictions. Arkansas lawmakers should eviction
implement the following changes:
is not just a
• Arkansas’s archaic failure to vacate law, which allows delinquent tenants to be
criminally prosecuted, should be abolished. condition of
• Tenants should be given the “right to cure” a past due rent payment before their poverty, it is a
landlord begins an eviction case in court.
cause
”
• After an eviction is filed, tenants should be given 30 days’ notice of the eviction
action and the right to counsel during the eviction proceedings. of it.
Princeton University’s
2. Increase data collection
Eviction Lab
All Arkansas courts should collect and report eviction-related data including
demographic data on tenants facing eviction actions (race, ethnicity, and gender), as
well as case outcomes including evictions and amounts awarded to landlords. Data
should be made available online.

3. Improve court proceedings

Courts can improve eviction procedures and decrease the number and impact of
evictions by making the following changes:

• Courts should offer alternative dispute resolution options to allow landlords and
tenants to work toward mutually agreeable resolutions.

• Court issued eviction notices should state, in plain language, the deadlines
for responding, the process for responding, and the consequences for
not responding.

• Eviction notices should include resources to help tenants who are facing
evictions, including legal service providers and community resources.

Arkansas Community Institute No Shelter in Place | 24

Recommendations

4. Continue rental assistance programs

Arkansas should continue to build a system that provides rental assistance to tenants
who have fallen behind on their rent or may fall behind soon due to circumstances
outside their control. These funds ensure tenants avoid homelessness and landlords
have access to funds to pay expenses related to the unit.

• Rental assistance programs should adopt practices to make funds accessible

to meet urgent needs in a timely manner, such as providing simple, plain language
applications and allowing tenant self-attestations in cases where documentation
is unavailable.

5. Ban excessive fees

Arkansas lawmakers should enact policies to ensure that fees charged to tenants are
reasonable and transparent throughout the rental process.

• Housing providers should be required to clearly disclose fees to applicants and

tenants, including application fees, rental fees, and move-out fees. Leases should
be required to clearly state the total amount that tenants will be required to pay at
each stage.

• Allowable fees should be restricted to reasonable amounts reflecting the actual

costs and expenses incurred by housing providers. Excessive and compounding
fees should be banned.

25
Footnotes

1
VICE News, “Arkansas: The Worst Place to Rent in America,” June 24, 2014, Video,
https://video.vice.com/en_us/video/arkansas-the-worst-place-to-rent-in-america/562132211d361cab3604d526
2
McCants, Cassidy. 2022. “Best States for Renters in 2022.” Consumer Affairs. July 14, 2022.
https://www.consumeraffairs.com/moving/best-states-for-renters
3
Arkansas Residential Landlord-Tenant Act of 2007, Ark. Code Ann. §§ 18-17-101 et seq. (2007).
4
Prettyman, Marshall, “The Landlord Protection Act, Arkansas Code § 18-17-107 et seq.” Arkansas Law Notes (2008):
71-82.
5
Sosa, Nina. 2022. “A CLOSER LOOK: Arkansas evictions during COVID-19; tenant stories.” KNWA, Aug 3, 2022.
https://www.nwahomepage.com/news/a-closer-look/a-closer-look-arkansas-evictions-during-covid-19-tenant-stories
6
Arkansas Code Ann. §§ 18-60-301–312.
7
Abdelhadi, Sarah & Ahmed, Rayna. 2021. “Fast and Cheap: The Speed and Cost of Evicting Tenants for Nonpayment of
Rent.” Legal Services Corporation: 4. https://lsc-live.app.box.com/s/mwq50tpyipqipkm2sbawilghr99fydrb.
8
Abdelhadi & Ahmed, Fast and Cheap, 6.
9
Acts of 2007, Act 535, § 2, eff. July 31, 2007; Acts of 2007, Act 728, §§ 1, 2, eff. July 31, 2007.
10
Arkansas Code Ann. §§ 18-60-901–913.
11
See Prettyman, “The Landlord Protection Act,” 71-82.
12
Ark. Code Ann. § 18-16-101.
13
Foster, Lynn, “The Hands of the State: The Failure to Vacate Statute and Residential Tenants' Rights in Arkansas,” 36
U. Ark. Little Rock L. Rev. 1, 6–8 (2013).
14
Miller, Maya & Simani, Ellis, “When Falling Behind on Rent Leads to Jail Time,” ProPublica, Oct. 26, 2020, https://www.
propublica.org/article/when-falling-behind-on-rent-leads-to-jail-time.
15
Gorman v. Ratliff, 712 S.W.2d 888, 289 Ark. 332 (1986).
16
Tenant’s Answer, Plumley v. Mathews, Washington Cty. Case No. 72CV-20-1411 (June 26, 2020).
U.S. Census Bureau. (2020). “Gross Rent as a Percentage of Household Income in the past 12 months.” https://data.
17

census.gov/table?hidePreview=true&table=B25070&tid=ACSDT5Y2020.B25070&g=0400000US05&moe=false
18
National Low Income Housing Coalition, “Housing Needs by State: Arkansas.”
https://nlihc.org/housing-needs-by-state/arkansas
19
Moreau, Andrew, “State unemployment rate jumps to 10.2%,” Arkansas Democrat Gazette, May 22, 2020,
https://www.arkansasonline.com/news/2020/may/22/arkansas-unemployment-rate-soars-above-10-april/;
Horbacewicz, Sarah, “Arkansas unemployment drops below pre-pandemic levels,” THV-11 Mar. 28, 2022, https://www.
thv11.com/article/money/business/arkansas-unemployment-drops-below-pre-pandemic-levels/91-6cd10fcc-178f-4bdd-
b8fb-815de80b4c43
20
National Equity Atlas, 2023. “Rent Debt in America: Stabilizing Renters is Key to Equitable Recovery.” https://
nationalequityatlas.org/rent-debt
21
National Equity Atlas, “Rent Debt in America.”
22
National Equity Atlas, “Rent Debt in America.”
23
Coronavirus Aid, Relief, and Economic Security Act, S. 3548, 116th Cong., 2d Sess.
24
Consolidated Appropriations Act, 2021, Pub. L. 116–206 (Dec. 27, 2020).
25
Hepburn, Peter et al, “Preliminary Analysis, Eviction Filing Patterns in 2021,” Eviction Lab, Mar. 8, 2022,
https://evictionlab.org/us-eviction-filing-patterns-2021/.
White, Adena J., “As COVID-era Rental Assistance Programs Expire, What’s Next for ALICE Families?” Arkansas
26

Community Foundation, Aug. 2020, https://www.arcf.org/app/uploads/2022/08/Engage-AUG-2022.pdf.

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Footnotes

27
Glisovic, Marine, “Arkansas renters face eviction, financial uncertainty as federal relief expires,” KATV, July 22, 2020,
https://katv.com/news/local/arkansans-facing-evictions
28
Monk, Ginny & Vrbin, Tess, “Arkansas’ rental assistance funds languish,” Arkansas Democrat Gazette, July 25, 2021,
https://www.arkansasonline.com/news/2021/jul/25/states-rental-aid-funds-languish/
29
National Equity Atlas, “Rent Debt in America.”
30
Monk & Vrbin, “Arkansas’s rental assistance funds languish,” 2021.
31
National Low Income Housing Coalition, “Treasury Emergency Rental Assistance (ERA) Dashboard state data
analysis,” available online at https://docs.google.com/spreadsheets/d/1RnHX7Ld7KJ_jgj8Sk52xjCygYRETwU-
OthOGE3uduHM/edit#gid=1432075608.
32
Simpson, Stephen, “Hutchinson to decline additional federal rent assistance for Arkansans,” Arkansas Democrat
Gazette, Apr. 23, 2022. Available online at: https://www.arkansasonline.com/news/2022/apr/23/hutchinson-to-decline-
additional-federal-rent/
U.S. Census Bureau, “Week 44 Household Pulse Survey: March 30-April 11,” Apr. 20, 2022, https://www.census.gov/
33

data/tables/2022/demo/hhp/hhp44.html
34
Luke Williams, “Rent Payments Burden Americans the Most in These Cities & States,” Myelisting, Oct. 3, 2022, https://
myelisting.com/commercial-real-estate-news/1304/rent-payments-burden-americans-the-most-in-these-cities-and-
states/
35
U.S. Census Bureau, “Week 54 Household Pulse Survey: February 1-13,” Feb. 22, 2023, https://www.census.gov/data/
tables/2022/demo/hhp/hhp44.html
36
Tenant’s answer, Eagle Hill v. Rodgers, Pulaski County Case No. 60CV-20-5189 (Sept. 28, 2020).
Anonymous tenant cited by Lynn Foster, Arkansans for Stronger Communities, December Eviction Report, Jan. 13,
37

2021, https://www.arkstrongcommunities.com/december-eviction-report/
38
National Consumer Law Center, comments in response to the Federal Trade Commission’s (FTC) Advance Notice of
Proposed Rulemaking regarding unfair or deceptive fees, R207011, Feb. 8, 2023.
39
National Consumer Law Center, comments, 2023.
40
Coronavirus Aid, Relief, and Economic Security Act, Public Law 116–136, Mar. 27, 2020.
Centers for Disease Control and Prevention, “Temporary Halt in Residential Evictions to Prevent the Further Spread
41

of COVID-19” orders, See 85 Fed.Reg. 55292 (Sept. 4, 2020); See Pub.L. 116-260, § 502 (Dec. 27, 2020); 86 Fed.Reg.
8020 (Feb. 3, 2021)
42
Brantley, Max, “Grading the governor on evictions: A from landlords, F from tenants,” Arkansas Times, Apr. 29, 2020,
https://arktimes.com/arkansas-blog/2020/04/29/grading-the-governor-on-evictions-a-from-landlords-f-from-tenants
Supreme Court of Arkansas, Per Curiam Order, In Re Response to the COVID-19 Pandemic-Eviction Filings, Apr. 28,
43

2020.
The Eviction Lab, “COVID-19 Housing Policy Scorecard for Arkansas,” June 30, 2021, https://evictionlab.org/covid-
44

policy-scorecard/ar/
45
Herzog, Rachel, “State Capitol News in Brief, Eviction-record sealing,” Arkansas Democrat Gazette, Apr. 28, 2021,
https://www.nwaonline.com/news/2021/apr/28/state-capitol-news-brief/
46
Foster, Lynn, “December Eviction Report,” Arkansans for Stronger Communities, Jan. 13, 2021, https://www.
arkstrongcommunities.com/december-eviction-report/
47
Foster, “December Eviction Report,” 2021.
48
Ibid.
49
Easley v. Howell et al, 6:21-cv-06125, Sept. 2, 2021.
50
The Eviction Lab, “Why Eviction Matters,” https://evictionlab.org/why-eviction-matters/#eviction-impact

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