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BOSTON (AP) – A nationwide eviction ban was supposed to protect tenants like Tawanda Mormon, who was forced out of her two-bedroom apartment last month in Cleveland.
The 46-year-old woman, who was hospitalized in August with the coronavirus and cannot work due to mental health issues, said she was behind on her rent by $ 500 per month because she had need money to pay for food. When she was deported in October, Mormon said she was unaware of President Donald Trump’s directive, implemented in September by the Centers for Disease Control and Prevention, which globally prevents deportations until at the end of 2020.
“It was difficult. I had to leave all of my things,” said Mormon, who has lived with friends and relatives since his eviction. “I have no furniture, nothing.
With most state and local eviction bans having expired, the national directive was seen as the best hope to prevent over 23 million tenants to be evicted amid a deadlock in Congress for tens of billions of dollars in housing assistance. It has also been touted as a way to fight the coronavirus, with studies showing that evictions can spread the virus and lead to increased infections.
The CDC command averted a wave of evictions, housing advocates have said, but tenants are falling more and more through the cracks.
Some judges in North Carolina and Missouri refused to accept the directive, tenant advocates said. The ordinance was applied inconsistently and some tenants, who had no legal representation, were unaware of it. The owners of several states also sued unsuccessfully to cancel the order, arguing that it caused them financial hardship and infringed their property rights.
“Right now, we’re seeing variations in how the courts enforce the CDC order, and we’re also seeing a lack of knowledge among tenants and landlords,” said Emily Benfer, law professor at the University of Wake Forest and Chair of the American Bar Association’s COVID-19 Task Force Committee on Evictions. “Defenders are working overtime to educate tenants about their rights under the CDC order, and in many places evictions continue.
In Fremont, Nebraska, Dana Imus went to court this month to avoid eviction for falling behind on rent. The 41-year-old mother of four lost her job as a forklift driver in March due to the pandemic and was unable to get another one – in part due to her car breaking down.
When she presented a statement to her owner that she qualified for the federal moratorium, she said he mistakenly told her that Nebraska did not recognize him. She also tried to pay her landlord $ 400 in October’s $ 1,000 rent, but he refused. She used the money instead to pay for a car and has no more money to rent.
“It’s been a struggle,” she says. “It’s stressful. But I trust God, I mean, I’m not too worried about it. I know I’m not going to be kicked out because I trust God.
Among those unfamiliar with the CDC moratorium included Charlene Wojtowicz, who believed she had avoided eviction from her two bedroom house in Cleveland after a nonprofit paid three months of her rent and that its owner has withdrawn its lawsuit. This week, the owner asked the 33-year-old mother of three to pay the $ 455 she owed for November.
“I’m afraid my kids and I are on the streets,” said Wojtowicz, who lost a new housekeeping job after receiving COVID-19 this summer. “I’m a single mom with three kids who do my best. It’s not like I don’t want to pay this man.
Deportation cases began to climb in several states, with the deportation lab In Princeton, the search for cities in South Carolina, Ohio, Florida and Virginia saw big jumps in October. One factor, tenant advocates said, was CDC guidelines related to last month’s order that allows landlords to initiate eviction proceedings.
“It’s quite alarming that many evictions are still, at least, being filed,” said Eric Dunn, director of litigation at the National Housing Law Project in Richmond, Virginia. Filing an eviction, he said, may prompt tenants to move out before a hearing, fearing an eviction case will prevent them from renting another apartment.
“Because tenants often value their ability to secure alternative rental accommodation rather than staying in a specific property, the fact that such cases are filed likely has a chilling effect on tenants who would otherwise claim the moratorium,” said he declared. “Tenants who receive eviction notices will move to avoid the creation of an eviction file, rather than staying at home.”
Last month, the CDC also said landlords have the right to challenge the veracity of tenants’ claims that they are eligible for the moratorium. A false claim could lead to criminal charges for perjury, and landlord’s lawyers have taken advantage of the language to challenge tenants in court.
To be eligible for protection, renters must earn $ 198,000 or less for couples filing jointly, or $ 99,000 for single filers; demonstrate that they have requested government assistance to pay the rent; say they cannot pay due to the hardships of COVID-19; and claim they are at risk of becoming homeless if evicted.
“We now have to fight this battle every time we go to court, where it’s not enough for the tenant to provide the statement,” said Hannah Adams, an attorney for Southeast Louisiana Legal Services. “Now they have to explain where every penny of their monthly check goes or even if they get a check. This creates a heavier burden on tenants than what was foreseen in the original order. “
The evictions also motivate the fact that the ordinance only applies to non-payment of rent.
As a result, landlords are increasingly trying to circumvent the ordinance by evicting tenants for minor lease violations like excessive noise or garbage, or they simply don’t extend leases, tenant advocates have said.
This is what is happening to Imus, according to Caitlin Cedfeldt, a lawyer with Legal Aid of Nebraska. Even before a judge ruled on Monday that she qualified for the federal moratorium, her landlord gave her a new move notice, alleging criminal behavior at her residence.
“The owner lost today, but I think they will continue to pursue her with notices like these in an attempt to circumvent the federal order,” Cedfeldt said via email.
The other challenge is that any legal victory could be short-lived. The CDC’s order will expire on December 31, just as a spike in virus cases threatens to further undermine the economy. Many tenants owe months of rent arrears. The World Investment Bank and consultancy firm Stout estimates that by January tenants will owe up to $ 34 billion.
It is not known whether the moratorium will be extended as demanded by tenant advocates. Plus, a coronavirus relief program that could include tens of billions of dollars in rent and mortgage assistance doesn’t appear to be going anywhere. National and local housing assistance programs have provided some relief, but advocates say funds fall short of needs.
Defenders are already pressing President-elect Joe Biden to sign a new national moratorium on deportations on the first day of his term in office. They want Biden to work with Congress in his first 100 days to pass a relief package that includes at least $ 100 billion in emergency aid for tenants and landlords and resources for the homeless.
“By the time President-elect Biden takes office on January 20, we could be in the midst of a historic deportation crisis in our country if no action is taken by then,” said Diane Yentel, president. of the National Low Income Housing Coalition.
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