The Supreme Court ruled on August 26 to end a temporary stay by a lower court that had slowed legal challenges to the federal eviction moratorium issued by the Centers for Disease Control and Prevention (CDC). In doing so, the Supreme Court’s ruling invalidated the federal eviction moratorium, eliminating vital eviction protections that have kept millions of households – predominantly people of color – stably housed. With the Supreme Court striking down the eviction moratorium, NLIHC continues to urge state and local governments to take immediate action to protect tenants.
Local and state strategies should include:
- Creating or extending state and local eviction moratoriums. The surging Delta COVID-19 variant, low vaccination rates in communities with high eviction filings, and the slow rate of distributing emergency rental assistance (ERA) highlight the need for eviction moratoriums. Moratoriums will provide state and local governments more time to ramp up their efforts to distribute ERA to households in need.
- Quickly distributing emergency rental assistance. To date, about $9.3 billion of the initial $25 billion in ERA provided by Congress has been spent. While some states and localities have made significant progress in distributing aid, most communities need to do much more to distribute funds more quickly and effectively.
- Enacting additional renter protections. Other measures, such as right to counsel, expungement of eviction records, and just-cause eviction standards, can help protect renters now and in the long term.
State and local governments must work to ensure their ERA programs are visible, accessible, and preventive of evictions. Understanding what states and localities can do to protect tenants is key to preventing evictions for households at risk.
As of September 27, 13 states, Washington DC, and 11 cities or counties have issued an eviction moratorium or eviction protections related to rental assistance applications. For example, six states, Washington DC, and seven other cities/counties have an eviction moratorium in place (dates of expiration are in parentheses).
- State: New Jersey (12/31/21); Illinois (10/3/21); California (10/1/21); Minnesota (6/20/22); New York (1/15/22); New Mexico (open)
- Cities/Counties: Washington, DC (1/1/22); Los Angeles County, CA (10/1/21); Oakland, CA (open); San Francisco, CA (10/1/21); Dekalb County, GA (9/30/21); St. Louis, MO (10/4/21); Austin, TX (10/16/21); Seattle, WA (1/16/22)
The timing and level of protection provided by eviction moratoriums vary by jurisdiction. Some states with moratoriums—like California—will maintain eviction protections tied to ERA applications after the state moratorium expires.
Many jurisdictions, including seven states and four cities and counties, have enacted partial protections that halt or alter the eviction process related to rental assistance applications. For example:
- In Connecticut (2/15/22) and Virginia (7/1/22), landlords cannot file for an eviction until they apply for ERA, among other conditions and protections.
- Eviction proceedings are paused for a set period while a household’s ERA application is in process in four states and two cities/counties: Washington (10/31/21); Oregon (3/1/22); Massachusetts (4/1/22); Michigan (open); Bucks County, PA (12/31/21); Pittsburgh, PA (11/1/21).
- Nevada (6/5/23) and Washington, DC (1/1/22) recognize rental assistance applications as an affirmative defense to eviction.
- In Philadelphia, PA (open), the issuance of a writ of possession is not allowed while a rental assistance application is pending.
- In Dallas, TX (open), tenants have 60 days to apply for ERA before an eviction proceeds when they are responding to a COVID-19 eviction notice.
- Some jurisdictions require notice to tenant of available resources and eviction diversion programs, such as Michigan, Maine, and Texas.
To learn more about eviction moratoriums and partial protections in your area contact a local attorney or legal services organizations here.
Many jurisdictions have used ERA housing stability funds and other federal funding to provide tenants with access to legal counsel or to establish a right to counsel, including:
- Cities: New York City, San Francisco, Newark, Cleveland, Philadelphia, Boulder, Baltimore, Seattle, Denver, Louisville, Milwaukee (universal representation), Rochester, NY (universal representation)
- States: Washington, Connecticut, Maryland
- Pilot Programs: Hennepin County, MN; Massachusetts; New Jersey; Richmond; Charlottesville; Sonoma County WA; Westchester County, PA; Chicago, IL; Detroit, MI
Further information is available from the National Coalition for the Civil Right to Counsel at: http://civilrighttocounsel.org/
Selected data presented here are from COVID-19 eviction prevention research from researchers at Wake Forest University School of Law, the Eviction Lab at Princeton University, and Yale University School of Public Health and are available at: https://statepolicies.com/policy-by-topic/economic-precarity/housing/
Access the NLIHC ERASE checklist of best practices at: End-Rental-Arrears-to-Stop-Evictions.pdf