When COVID-19 cases began to appear in the United States the threat to public health was clear. What many haven’t foreseen is the domino effect the pandemic created in mental health, employment, domestic violence, divorce and even the ability to maintain a roof overhead. An eviction emergency has emerged due to the delayed payment or non-payment of rent for tenants who have lost income due to the pandemic. In order to address this crisis and slow the spread of the pandemic the Centers for Disease Control (CDC) put in place an eviction moratorium, but due to a recent U.S. Supreme Court ruling the eviction moratorium expired on August 26, 2021. The Alabama Association of Realtors and other plaintiffs filed a lawsuit stating they’ve lost substantial income and accumulated extensive debt due to the moratorium and challenged the authority of the CDC to implement such a widespread measure. The court ruled The Public Health Service Act of 1944, the basis of the CDC order, only allows for quarantines and inspections not a widespread eviction moratorium. The majority opinion, written by the conservative bloc of the Supreme Court, held that only Congress has the authorization to implement a federal eviction moratorium. Rep. Cori Bush (D-MO), who slept on the steps of Capitol Hill a few months ago to protest the previously expired moratorium, weighed in on the impact of the Supreme Court ruling, “We already know who is going to bear the brunt of this disastrous decision: Black and brown communities, and especially Black women.” Bush’s assertion is made evident by an alarming study that showed that black women are faced with approximately 400 % more evictions than white men.

Because of COVID-19 it is estimated that over 11 million households are behind on rent. The federal assistance allocated to help renters in need is being sluggishly distributed due to bureaucratic delays and convoluted application procedures. Only $12 billion of the $46 billion of federal aid has been disbursed so far . In addition to slowing the spread of COVID the eviction moratorium was put in place to give government agencies more time to process the rental assistance applications. However, it may be too little too late for many tenants. Goldman Sachs analysts predict that by the end of 2021 over 750,000 households will be evicted if federal, state, and/or municipal assistance isn’t provided to those in need. Many healthcare professionals fear this could lead to a spike in COVID cases which is particularly troubling considering the threat of mutated variants of the virus. The hazard of contracting COVID doubles in neighborhoods where there is a high rent burden. When families are evicted they often live with relatives or friends in more crowded settings. Evictions also increase homelessness which increases the density of shelters. A problem that many urban area shelters are unprepared for considering the large number of individuals who were experiencing homelessness before the pandemic.

The Biden administration has encouraged state and local governments to implement and/or maintain eviction moratoriums, but only three states currently have state-wide eviction moratoriums. Even though there is no statewide eviction moratorium in Texas, the City of Dallas has an eviction ordinance that is in effect as long as there is a statewide disaster declaration. The declaration was recently renewed by Governor Abbott on October 28,2021. The eviction

 

ordinance requires landlords to send a COVID notice of possible eviction to tenants who are delinquent on their rent to which the tenant must respond within 21 days. Once the tenant has confirmed the negative impact that the pandemic has had on their ability to pay rent they have 60 days to implement a payment solution which may include payment arrangement with the landlord, securing available assistance, or other suitable arrangements to satisfy the delinquent rent. More details for the eviction ordinance can be found at www.dallascityhall.com

Unfortunately, the eviction crisis is nothing new. Evicted: Poverty and Profit in the American City by Matthew Desmond shares the stories of eight low-income residents in Milwaukee struggling with housing insecurity. Published in 2017 Evicted puts into perspective how the pandemic has exacerbated an existing crisis. A 2013 study showed that 1 in 8 low-income families were unable to pay their rent. Desmond, a Princeton University professor, believes housing is a fundamental human right and that no one should have to decide between paying rent and paying for other necessities such as groceries, toiletries, or healthcare. He proposes that every family under a low-income threshold should receive a voucher so that the majority of their income isn’t spent on housing. Desmond has continued his work of increasing awareness about the eviction crisis

by co-founding the Just Shelter Foundation. Just Shelter connects struggling tenants to over 600 organizations in all 50 states that can either provide rental assistance or secure emergency housing. For more information please visit https://justshelter.org/

For those facing eviction it’s important to know your tenant rights and what options you may have to get caught up in rent payments. Below is a list of resources that could prove useful to those in need.

Federal

_Rights

  • Domestic violence survivors who receive an eviction notice should be connected with a housing attorney as soon as possible. If a female tenant is evicted because of the violence committed against her this is a violation of the sex discrimination provision of the Fair Housing Act. Also, the Violence Against Women Act prohibits evictions for domestic violence survivors in federal housing. For more information visit the National Housing Law Project at https://www.nhlp.org/wp-content/uploads/VAWA-Housing- Protections-COVID-19.pdf

 

State

Local

All information is updated as of November 10, 2021

- James Glenn, MS-LS Candidate 2023