The COVID-19 Effect: Navigating Evictions with Consumers Ascending
Over four months ago the novel coronavirus walloped the U.S. and the world, sparking a health crisis in nearly every corner of the globe. For millions of families and small businesses, the virus immediately burgeoned into a financial crisis as well. Millions have lost their jobs, closed businesses, and now experts predict a near-catastrophe for home renters in the coming months.
The COVID-19 Eviction Defense Project (CEDP) estimates that 19 to 23 million Americans, or one in five of the 110 million people who live in renter households, are at risk of eviction by the end of September 2020.
“Many court systems and legislative bodies have limited or postponed evictions due to the economic hardships imposed by COVID-19 on tenants. Despite this, many landlords have engaged in illegal self-help evictions,” said Daniel P. Lindsey, Legal Aid Chicago.
In March, Congress and a number of states enacted temporary protections from evictions, but some of those moratoriums are expiring soon. In addition, as Mr. Lindsey said above, tenants are at risk from illegal evictions even if their homes are protected. Other obstacles exist as well. For example, discrimination can be a factor in landlord-tenant relationships and eviction proceedings.
Consumer attorneys’ pointers for renters who fear losing their homes to eviction:
• Renters should know if their homes are protected by the federal CARES Act or a state or local eviction moratorium. Under the CARES Act, tenants living in federally backed housing and certain other properties cannot be evicted before July 25, 2020. A search on this database can confirm whether a home is covered.
• Tenants’ rights and eviction laws vary widely. A renter’s state or city may also have an eviction moratorium in place but how strong the protections are and how long they last vary from place to place. Summaries of protections offered in each state are here.
• Renters should document all interactions with their landlords. Getting promises and other transactions in writing is important, including a copy of the current lease and rent receipts. For example, a tenant who requests repairs should take photos of the needed repairs and document every interaction with their landlord about the repairs.
• If a landlord begins an eviction action, it is important for the tenant to respond immediately. Tenants may be able to work out a temporary agreement with the landlord to catch up on the rent.
• Seek legal assistance — More than 60 million Americans qualify for free legal aid due to their income status. Qualified renters can look for free legal aid here. There are other ways to find a consumer attorney, such as through the NACA directory.
“Tenants facing such actions should reach out to legal aid lawyers and tenant advocacy groups to make sure they are aware of their rights. And as eviction stays begin to lift, tenants should reach out to those same lawyers and advocates to see what measures are available in their localities,” said Mr. Lindsey. “In many places, for instance, landlords are required to work with tenants on rent repayment plans, and there [may be] much state and local funding to help.”
• Tenants can find other great tips and resources at the tenant rights’ organization Just Shelter.
Consumers Ascending thanks Farah Majid of Legal Services Alabama and Daniel P. Lindsey of Legal Aid Chicago for their help with assembling these resources and tips.