Tuesday, August 3, 2021

Evictions expected to spike as federal moratorium ends AOL Associated Press MICHAEL CASEY August 2, 2021, 7:26 AM

 

Evictions expected to spike as federal moratorium ends

 
 
 

BOSTON (AP) — Evictions, which have mostly been on pause during the pandemic, are expected to ramp up on Monday after the expiration of a federal moratorium as housing courts take up more cases and tenants are locked out of their homes.

Housing advocates fear the end of the Centers for Disease Control and Prevention moratorium could result in millions of people being evicted in the coming weeks. But most expect an uptick in filings in the coming days rather than a wave of evictions.

The Biden administration announced Thursday it will allow a nationwide ban to expire. It argued that its hands are tied after the U.S. Supreme Court signaled the moratorium would only be extended until the end of the month.

House lawmakers on Friday attempted but, ultimately failed, to pass a bill to extend the moratorium even for a few months. Some Democratic lawmakers had wanted it extended until the end of the year.

“Struggling renters are now facing a health crisis and an eviction crisis,” said Alicia Mazzara, a senior research analyst at the Center on Budget and Policy Priorities.

“Without the CDC’s moratorium, millions of people are at risk of being evicted or becoming homeless, increasing their exposure to COVID just as cases are rising across the country. The effects will fall heavily on people of color, particularly Black and Latino communities, who face greater risk of eviction and more barriers to vaccination.”

More than 15 million people live in households that owe as much as $20 billion to their landlords, according to the Aspen Institute. As of July 5, roughly 3.6 million people in the U.S. said they faced eviction in the next two months, according to the U.S. Census Bureau’s Household Pulse Survey.

Parts of the South and other regions with weaker tenant protections will likely see the largest spikes and communities of color where vaccination rates are sometimes lower will be hit hardest. But advocates say this crisis is likely to have a wider impact than pre-pandemic evictions.

The Biden administration had hoped that historic amounts of rental assistance allocated by Congress in December and March would help avert an eviction crisis. But the distribution has been painfully slow. So far, only about $3 billion of the first tranche of $25 billion has been distributed through June by states and localities. Another $21.5 billion will go to the states.

Ashley Phonsyry, 22, who will be in court Thursday for an eviction hearing after falling several thousands dollars behind on her Fayetteville, Arkansas, two-bedroom apartment, said her landlord has refused to take rental assistance. She left her job after being hurt in a domestic violence incident and suffering from depression and anxiety. The eviction hearing is a day after her domestic violence case goes to court.

“It frustrates me and scares me,” she said of being evicted. “I'm trying so hard to make it right and it doesn’t seem like it's enough.”

Around the country, courts, legal advocates and law enforcement agencies are gearing up for evictions to return to pre-pandemic levels, a time when 3.7 million people were displaced from their homes every year, or seven every minute, according to the Eviction Lab at Princeton University.

In St. Louis, the sheriff’s office handles court-ordered evictions. Sheriff Vernon Betts said 126 evictions have been ordered and are just waiting for the moratorium to end. His office plans to enforce about 30 evictions per day starting Aug. 9.

Betts knows there will be hundreds of additional orders soon. He’s already been contacted by countless landlords who haven’t yet filed for eviction, but plan to. And he expected to increase his staffing.

“We already know that we have about 126 evictions already lined up. What we’re planning on doing is tripling our two-man team,” he said. “Right off the bat we want to clean up that 126 evictions.”

Sgt. William Brown, who leads the evictions unit for the Milwaukee County Sheriff’s Office, said he doesn’t know how quickly evictions will ramp up after the moratorium ends. Landlords still have to go through several steps before they can evict. But he said he has no doubt that many more people will be forced out, rattling off statistics that show the steep decline in evictions since the pandemic began: nearly 4,000 in 2018 and 2019, then a steep plunge to about 1,900 in 2020.

“Absolutely. Absolutely,” he said. “I think that once evictions are there fully, there’s no more moratorium in place, it’s going to get really bad.”

“It’s the most challenging position that I’ve ever been in, because at the end of the day I have an empathy and sympathy. I’m required by state statute to execute this,” he said. “You have to feel for these people ... watching small kids go through this, this entire process.”

Lee Camp, an attorney with the St. Louis legal group ArchCity Defenders, said the vast majority of tenants facing eviction don’t have lawyers, often because they can’t afford them. Meanwhile, he said, eviction cases move through the courts quickly in Missouri, often in a matter of weeks.

“The scales of justice are just at this incredible imbalance,” Camp said.

In Wisconsin, Heiner Giese, legal counsel for the Apartment Association of Southeastern Wisconsin, said his trade association for rental property owners in the Milwaukee area has been “very strong in urging our members and all landlords not to evict.”

“I pretty strongly believe from the feedback we get from our members in the Milwaukee area … there will not be this giant tsunami of (evictions),” Giese said.

Still, Colleen Foley, executive director of the Legal Aid Society of Milwaukee, said she “certainly” expects an uptick. She said 161 evictions were filed last week, a significant increase from prior weeks where filings tended to hover around 100 to 120. She said she was waiting to hear when those cases would go to court.

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Associated Press writers Jim Salter in St. Louis and Doug Glass in Minneapolis contributed to this report.

Anger mounts as Biden, Congress allow eviction ban to expire AOL Associated Press LISA MASCARO August 1, 2021, 11:43 AM

 

Anger mounts as Biden, Congress allow eviction ban to expire

 
 
 

WASHINGTON (AP) — Anger and frustration mounted in Congress over the weekend as a nationwide eviction moratorium expired during a surge in the COVID-19 pandemic. One Democratic lawmaker even camped outside the Capitol in protest as millions of Americans faced being forced from their homes.

Lawmakers said they were blindsided by President Joe Biden’s inaction as the midnight Saturday deadline neared, some furious that he called on Congress to provide a last-minute solution to protect renters. The rare division between the president and his party carried potential lasting political ramifications.

New York Rep. Alexandria Ocasio-Cortez said Sunday that Democrats have to “call a spade a spade” after the deadline expired. 

“We cannot in good faith blame the Republican Party when House Democrats have a majority,” the progressive congresswoman said on CNN's "State of the Union." 

Ocasio-Cortez and other Democrats joined Rep. Cori Bush, D-Mo., on Saturday evening and overnight Sunday as Bush camped outside the Capitol. “I don’t plan to leave before some type of change happens,” Bush said, though the House had already left for its August recess. 

More than 3.6 million Americans are at risk of eviction, some in a matter of days. The moratorium was put in place by the Centers for Disease Control and Prevention as part of the COVID-19 crisis when jobs shifted and many workers lost income.

Democrats piled on in frustration.

Rep. Maxine Waters, D-Calif., the chair of the Financial Services Committee, said Saturday on CNN: “We thought that the White House was in charge.”

“We are only hours away from a fully preventable housing crisis,” said Sen. Elizabeth Warren, D-Mass., during a floor speech in a rare Saturday session as senators labored over an infrastructure package. 

“We have the tools, and we have the funding," Warren said. "What we need is the time.”

The eviction ban was intended to prevent further virus spread by people put out on the streets and into shelters. Congress approved nearly $47 billion in federal housing aid to the states during the pandemic, but it has been slow to make it into the hands of renters and landlords owed payments. 

The day before the ban was set to expire, Biden called on local governments to “take all possible steps” to immediately disburse the funds. 

“There can be no excuse for any state or locality not accelerating funds to landlords and tenants that have been hurt during this pandemic,” he said in a statement late Friday.

Brian Deese, director of the White House National Economic Council, echoed that sentiment Sunday on Fox News Channel. “No landlord should evict without seeking that rental assistance, and states and localities need to get that money out urgently, and they can do that,” Deese said. 

House Speaker Nancy Pelosi urged House Democrats in a letter Saturday night to check into how the money already allocated has been distributed so far in their own states and localities. She said the Treasury Department, which transferred the funds earlier in the year, offered to brief lawmakers next week.

Biden set off the scramble by announcing Thursday he would allow the eviction ban to expire instead of challenging a recent Supreme Court ruling signaling this would be the last deadline.

The White House has been clear that Biden would have liked to extend the federal eviction moratorium because of the spread of the highly contagious delta variant of the coronavirus. But there were also concerns that challenging the court could lead to a ruling restricting the administration’s ability to respond to future public health crises. 

On a 5-4 vote in late June, the Supreme Court allowed the broad eviction ban to continue through the end of July. One of those in the majority, Justice Brett Kavanaugh, made clear he would block any additional extensions unless there was “clear and specific congressional authorization.”

Biden, heeding the court's warning, called on Congress on Thursday to swiftly pass legislation to extend the date. 

Racing to respond, Democrats strained to draft a bill and rally the votes. Pelosi implored colleagues to pass legislation extending the deadline, calling it a “moral imperative,” to protect renters and also the landlords who are owed compensation.

Waters quickly produced a draft of a bill that would require the CDC to continue the ban through Dec. 31. At a hastily arranged hearing Friday morning to consider the bill, she urged her colleagues to act. 

But Rep. Cathy McMorris Rodgers of Washington, the top Republican on another panel handling the issue, said the Democrats’ bill was rushed.

“This is not the way to legislate,” she said.

Landlords are against any extension. They, too, are arguing for speeding up the distribution of rental assistance.

The National Apartment Association and several others this week filed a federal lawsuit asking for $26 billion in damages because of the impact of the moratorium.

Despite behind-the-scenes wrangling throughout the day on Friday, Democratic lawmakers had questions and concerns and could not muster support to extend the ban. 

Revising the emergency legislation to shorten the eviction deadline to Oct. 18, in line with federal COVID-19 guidelines, drew a few more lawmakers in support — but still not enough for passage. 

House Democrats tried to approve an extension by consent, without a formal vote, but House Republicans objected.

Democratic lawmakers were livid at the prospect of evictions in the middle of a surging pandemic.

Bush, who experienced homelessness as a young mother of two in her 20s, said that, at the time, she was working in a low-wage job. 

“I don’t want anyone else to have to go through what I went through, ever,” said Bush, now 45, wiping away tears. “I don’t care what the circumstances are, and so I’m going to fight now that I’m in a position to be able to do something about it.”

Waters said House leaders should have forced a vote and Biden should not have let the warnings from one Supreme Court justice prevent him from taking executive action to prevent evictions. 

“The president should have moved on it,” Waters said. She vowed to try to pass the bill again when lawmakers return from a recess.

Some places are likely to see spikes in evictions starting Monday, while other jurisdictions will see an increase in court filings that will lead to evictions over several months.

The administration is trying to keep renters in place through other means. It released more than $1.5 billion in rental assistance in June, which helped nearly 300,000 households. The departments of Housing and Urban Development, Agriculture and Veterans Affairs extended their foreclosure-related eviction moratoriums through the end of September on households living in federally insured, single-family homes late Friday, after Biden had asked them to do so.

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Associated Press writers Mary Clare Jalonick, Alexandra Jaffe, Mark Sherman and Alan Fram contributed to this report.

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