Groups challenging the criminal consequences for failing to pay rent in Arkansas say they'll take another run at it, perhaps as a class-action lawsuit, after their initial case was dismissed.

Arkansas is the only state that treats nonpayment of rent as a criminal offense instead of a civil debt, and a nonprofit that provides free legal services contends that is unconstitutional.

Phil Telfeyan, who heads the group Equal Justice Under Law, said the goal of the suit was to end the law - and now, more work must be done.

"There's the Legislature that is trying to repeal the law, which we are extremely supportive of," he said. "But there's also a court challenge - there's a litigation process that is still under way - that federal courts have the authority, if a law is unconstitutional, to strike it down."

Telfeyan added that the consequences of the law are more dire since the federal moratorium on evictions has ended. And earlier this year, Arkansas declined most of the $146 million made available in federal Emergency Rental Assistance. Gov. Asa Hutchinson said the state hadn't spent all the previous allotment, and cited a strong economy and job market as reasons for rejecting the funds.

Equal Justice Under Law filed the suit in 2021 with the University of Arkansas' Little Rock Bowen Legal Clinic. Telfeyan said some landlords are willing to work with tenants who fall behind on rent, either by negotiating a reduced payment or some flexibility. But his organization has seen just as many property owners who won't work with their renters.

"One of Equal Justice Under Law's clients was unable to pay rent, not through any fault of their own, but actually because of the landlord's error," he said. "The landlord had a problem with the plumbing and so our client was not able to use the restroom, the toilet, the shower and so forth - they had to pay extra money to shower elsewhere. And that landlord actually started a criminal proceeding."

As the legal challenges continue, he encouraged renters to let their voices be heard, including contacting their legislators.

A new report shows Montana has the nation's most rapidly rising homeless population. Advocates for more affordable housing call the situation critical.

One Kalispell-based shelter is asking for state funding to expand, and do what it can to help.

The most recent Annual Homelessness Assessment Report shows Montana saw a 551% increase in its unsheltered population, the steepest rise in the country between 2007 and 2023.

Kalispell-based Samaritan House Executive Director Chris Krager said he feels the pinch every night.

"I like to think we can handle it," said Krager. "We're trying to address it. Samaritan House, we see between 95 and 105 people every night."

That's capacity for Samaritan House, which Krager said has been full every night for a decade - and often has to help people find other options.

He has asked for state funds to expand the facility, which would double its occupancy.

In addition to building single and multi-family housing, Samaritan House also plans to create housing for veterans.

Krager said they often experience mental health issues along with homelessness. The report shows Montana was one of only four states with an increase in homeless veterans.

"Kalispell is the largest city in Montana with no dedicated homeless veteran housing," said Krager. "So, we're going to fix that. The reason this is serious is because the nature of homelessness in Montana - certain times of the year, it could be fatal. So, we want to really be on our game, especially if it's cold out."

More than 30% of people in Montana's homeless shelters reported a mental health and/or substance use disorder in 2022. The report shows in some shelters, that number is nearly two-thirds.




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Georgia lawmakers appear to be taking a major step toward safeguarding property owners against people who occupy homes or apartments illegally, with what's known as the Squatters Reform Act.

House Bill 1017 passed unanimously in both the Georgia House and Senate. It would make illegally occupying personal property a criminal matter, rather than a civil case. This means the rightful owners can get people out of their homes sooner who don't belong there.

The move is expected to bring relief to such residents as Dan Rodgers, who said he once felt squatters had more legal protection than property owners.

"I think the new three-day process is going to benefit a lot of homeowners," Rodgers said. "It seemed like previous squatters' rights were giving them the opportunity to hide behind process."

Under the Squatters Reform Act, people would have to provide valid documentation of their right to occupy the property within three business days or face arrest for criminal trespass. Those who present documents would have their case reviewed within seven days to establish its legitimacy.

Georgia law has required homeowners to file an "Affidavit of Intruder" in the court system to remove squatters from their property, which can take weeks or months. Rodgers, who owns property in Muscogee County, said he hopes the new legislation will serve as a deterrent to those who previously sought to take advantage.

"I don't think that there's very many circumstances we could think of with a normal trespasser having as many protected rights as squatters do, and ending up being able to really affect people's livelihood," he said. "So, I really feel like it's a really good incentive for people to do the right thing."

The bill was sent to Gov. Brian Kemp this week and is pending his signature to become law.


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A case out of Oregon soon to be heard by the U.S. Supreme Court could have a major impact on how cities treat homelessness. Oral arguments for 'Johnson v. Grants Pass' are scheduled for April 22.

It concerns an ordinance in the City of Grants Pass that banned people from sleeping in public, including a prohibition on the use of blankets and pillows.

Loren Naldoza, public policy advocate with Oregon Food Bank, which filed an amicus brief with 15 other organizations in the state in support of the plaintiffs, said homelessness isn't a lifestyle choice.

"It's an involuntary state of being because there have been systems or crises - like our housing crisis, our cost of living crisis or personal crises - that are impacting people across the state, that converge together and make it harder for people to stay stably housed," he explained.

The 9th District Court ruled in favor of the plaintiffs that the Grants Pass law violates the Eighth Amendment against cruel and unusual punishment. Supporters of the Grants Pass law say cities should be allowed to decide their own policies rather than the federal government.

Naldoza said criminalizing homelessness isn't an effective tool and would only create more hunger and poverty, and added people who exit the criminal justice system struggle in many different ways.

"What you get at the end is criminal record, which makes it harder for people who are formerly experiencing homelessness to find a safe, stable or affordable place to call home. And it's also hard to get gainful employment, especially if the employment requires a background check or licensure," he continued.

Naldoza added there are more effective ways to address this crisis.

"What we really need to be investing in is care and compassion, and treatment and other resources that people actually need to exit their experience from homelessness," he said.