Additional Coronavirus Updates – August 16, 2021

NLIHC Resources

National Updates

Centers for Disease Control and Prevention (CDC)

The CDC order on the new eviction moratorium was posted to the Federal Register. Access the CDC declaration form in English and several other languages.

Advocacy and Research

The National Alliance to End Homelessness has published a series of case studies on noteworthy hotels-to-housing initiatives across the country. Each case study provides an overview of funding sources that were used, the administrative approach that guided the project, and an assessment of the success factors and lessons learned.

The National Alliance to End Homelessness released a research brief providing an overview of Economic Impact Payments and the Child Tax Credit. The brief offers guidance on how families can access these benefits and provides an interactive demonstration of the potential economic benefit they can bring to families, including people experiencing homelessness.

The National Consumer Law Center explains the implications of the Consumer Financial Protection Bureau’s (CFPB) “Rental Reporting Bulletin” released on July 1. This article outlines key aspects of the bulletin, highlights important implications for practitioners representing renters, and discusses how it supports states’ ability to enact protections related to tenant screening.

Reporting

NLIHC President and CEO Diane Yentel joined the Cross Connection with Tiffany Cross on August 7 to discuss the new eviction moratorium and the urgent need for states and localities to do more to quickly distribute emergency rental assistance (ERA) to millions of renters facing eviction.

NLIHC’s Diane Yentel spoke to CBS News to share important information for renters at risk of eviction. She urged renters to apply for emergency rental assistance (ERA) immediately since it may take time for that money to reach them.

NPR discusses the new CDC eviction moratorium and the Biden administration’s efforts to push state and local governments to reduce burdensome documentation requirements and ensure emergency rental assistance (ERA) funds reach tenants. NLIHC’s Diane Yentel explained that some communities are struggling with capacity and continue to impose lengthy application processes with undue documentation requirements.

Politico reports the Biden administration’s decision to reinstate the CDC eviction moratorium marked a major political loss for the National Association of Realtors and its housing industry allies who each year donate millions of dollars to candidates in both parties and often win policy fights. NLIHC’s Diane Yentel says realtors, home builders, and apartment associations wasted millions of dollars and goodwill “in a public fight to allow landlords to evict struggling tenants during a historic and deadly global pandemic.” She added, “these trade associations painted their members in the worst possible light, all while failing over the last year to achieve their goal of overturning the moratoriums.”

NLIHC Vice President of Public Policy Sarah Saadian spoke to the Hill about the need for state and local governments to improve the distribution of emergency rental assistance (ERA) by making their programs visible and accessible, highlighting that some cities and states are imposing additional requirements beyond those set by the federal government.

The Associated Press spotlights California’s Project Homekey, a statewide program started in June 2020 to repurpose vacant hotels, motels, and other unused properties as permanent supportive housing. California spent $800 million – most of it from federal coronavirus relief funds – on Homekey in 2020 to provide shelter for 8,200 people. The administration plans to spend an additional $5.8 billion of state and federal funds over two years to expand the program and create an estimated 42,000 housing units.

The Washington Post reports that a group of real estate and landlord groups, including the Alabama Association of Realtors and its counterpart in Georgia, asked a federal judge in D.C. to halt the new eviction protections issued by the Centers for Disease Control and Prevention (CDC). [Note: the judge later rejected their request, upholding the moratorium.]

Politico reports that in response to a lawsuit brought by the Alabama and Georgia chapters of the National Association of Realtors, the Department of Justice (DOJ) on August 6 urged a federal court to keep the new eviction moratorium in place. DOJ lawyers highlighted that “the trajectory of the pandemic has changed dramatically as a result of the highly contagious Delta variant.”

Bloomberg discusses the Biden administration’s continued push for states and localities to accelerate the distribution of billions in emergency rental assistance (ERA). While several states have made significant progress in the last month, others, like New York, continue to lag. The Treasury Department published on August 4 examples of simplified eligibility forms pulled from successful programs across the country and urged ERA program grantees to adopt best practices.

The New York Times reports many local governments and courts did not know how to apply the extension of the CDC eviction moratorium, causing dockets in some places – such as Clark County, Nevada – to overflow with evictions.

The 19th examines how the looming eviction crisis could hit the LGBTQ+ community hard. LGBTQ+ people, who are already more likely to experience housing insecurity, may face unique barriers to accessing federal rent relief.

Eric Dunn of the National Housing Law Project wrote an article in Shelterforce outlining steps state and local governments can take to stop mass evictions and facilitate housing stability in a longer-term transition out of the pandemic emergency.

State and Local News

California

The Guardian reports most applicants to California’s rental assistance program have not yet received assistance. As of last week, 132,000 people had submitted initial applications, 91,000 had completed applications, and 20,000 – just 22% – have received rental assistance. The state has distributed a total of $242 million (about 23%) of the funds requested so far. These data do not include local rental assistance programs.

Connecticut

Judges in Connecticut signed orders allowing state marshals to evict tenants during the two days in which the federal eviction moratorium was lifted. Nearly all of the 154 evictions granted during the two-day lift were in high-poverty communities of color.

Delaware

After being temporarily offline for a software system update, the Delaware Housing Assistance Program (DEHAP) application portal reopened on Thursday, August 12. More information on the update is available here. The site includes FAQs about the update and information about what landlords and tenants can do to get ready for the new portal.

Florida

An ABC Action News I-Team investigation reveals renters are being evicted while waiting for aid from Florida’s rental assistance program. Florida has distributed less than 3% of the $871 million it received in federal emergency rental assistance.

Illinois

Governor J.B. Pritzker’s administration will launch a $60 million court-based assistance program on September 1, one day after Illinois’ eviction moratorium ends. The program will allow judges to direct individuals involved in eviction proceedings to the financial and legal assistance. Bob Palmer from Housing Action Illinois says this additional opportunity for tenants to receive emergency rental assistance (ERA) could help those who face technological, language, and other barriers to accessing ERA. A court-based program is one of the recommendations Housing Action Illinois made to state officials early in the pandemic.

Maryland

Tenants from two predominantly Latino communities in Maryland filed complaints against their landlords, citing illegal water fees and unsafe and discriminatory housing practices.

Minnesota

Minnesota’s eviction moratorium “off-ramp” plan started on July 14, meaning landlords could start filing evictions if tenants violated their lease agreements. Data from the Minnesota Judicial Branch indicates 149 eviction complaints were filed in the first 10 days. Eviction filings continue to increase each week.

Starting this September, 85 AmeriCorps members will join nonprofits and counties across Minnesota to support a new program designed to help people who are at risk of or experiencing homelessness. The Heading Home Corps seeks to support nonprofits with the additional staffing needed to connect Minnesotans to services.

Missouri

NPR’s Ari Shapiro spoke with a housing attorney in Missouri about the new eviction moratorium and the status of emergency rental assistance distribution across the state.

New Mexico

Despite eviction bans, New Mexico landlords and property managers have filed more than 11,000 eviction notices since April 2020. A seven-month Searchlight New Mexico investigation found that hundreds of tenants in Albuquerque alone were evicted or threatened with eviction during the first four months when the CARES Act eviction moratorium was in effect. The largest share of evictions was carried about by a small fraction of landlords.

New York

The New York congressional delegation sent a letter to the New York Office of Temporary and Disability Assistance (OTDA) expressing dire concern over the department’s continued lack of emergency rental assistance (ERA) distribution. The members of Congress urge OTDA to address roadblocks in the program and adopt best practices to ensure ERA is distributed as effectively and efficiently as possible.

North Carolina

The Burlington Times-News outlines what tenants in Alamance County should do if they are at risk or already facing an eviction. The article urges tenants to submit an eviction declaration form and apply for North Carolina’s Housing Opportunities and Prevention of Evictions (HOPE) Program. Tenants seeking legal assistance from Legal Aid of North Carolina should apply online or by calling the Legal Aid helpline at 1-866-219-5262.

Oklahoma

Tulsa’s Landlord-Tenant Resource Center and the Tulsa County District Courts are collaborating to provide eviction prevention information to individuals as they begin the court process.

Pennsylvania

The Philadelphia Inquirer reports Philadelphia has received more than 45,000 rental assistance applications as of August 6, more than twice the maximum number of renters the city expects to be able to help with this round of funding. About 9,100 households have received funds, and an additional 1,000-plus have been approved. More than 20,000 applications are pending review.

Effective August 14, Philadelphia landlords are prohibited from locking tenants out of their homes if their pending rental assistance applications have been marked “complete.” According to the city, more than 25,000 applications are marked as completed, and more than 37% of applications are marked incomplete, which requires applicants to resubmit documents.

South Dakota

As of August 5, about half of South Dakota counties are protected by the new federal eviction moratorium as 96% of the state’s federal emergency rental assistance remains unspent. According to data from July 30, the South Dakota Housing Development Authority has been allotted $319 million in rent relief but has only distributed $12.9 million or 4% of it.

Texas

Spectrum News reports Texans are still receiving eviction notices despite the new eviction moratorium. Eviction Lab data show evictions are much higher in Texas cities without local eviction protections than those that have moratoriums in place. While Austin does have stricter renter protections, some tenants are still getting eviction notices.

Wisconsin

Evictions in Wisconsin dipped due to the federal eviction moratorium, but attorneys with Legal Action of Wisconsin are bracing for a surge of evictions when the moratorium expires. PBS highlights the power imbalance between tenants and landlords, highlighting the need for tenants to have access to legal aid. Milwaukee County is seeking to address this imbalance by establishing a six-month right to counsel pilot program, which is set to launch on September 1.

Guidance

Department of Housing and Urban Development