National Housing Law Project Supports Omaha Tenants Fighting Unfair Eviction In HUD Housing

OMAHA N.E.—The National Housing Law Project (NHLP), along with Nebraska Appleseed, today submitted an amicus brief to the Nebraska Supreme Court in support of two Omaha tenants who were unfairly evicted by their landlord in violation of Nebraska’s waiver statute, which protects tenants in the federal Housing Choice Voucher Program (HCV). 

“We all deserve the freedom to live in a safe and affordable home without fear of being unfairly evicted or extorted by our landlords. The waiver statute is an important tenant protection, especially for families in HUD housing. Without it, landlords would be able to accept rent under a lease they claim is terminated but retain the right to kick the tenants out of their home at any time, leaving tenants in limbo and making them vulnerable to exploitation and unfair eviction. We urge the Court to enforce this statute, hold Seldin accountable, and protect tenants,” said National Housing Law Project Staff Attorney Marcos Segura.

Nebraska’s waiver statute protects tenants from losing their homes by cancelling (or “waiving”) a landlord’s tenancy termination, protecting the tenant from eventual eviction, if the landlord continues to accept rent payments for subsequent months. This prohibits a landlord from extracting payments under a lease it claims is terminated and protects tenants from housing instability and possible extortion and pretextual evictions down the road.

The Omaha tenants’ landlord, Seldin Co., LLC, claims that since their tenants’ rent was paid under HCV, the waiver statute doesn’t apply, arguing that it should be able to evict federally-assisted tenants even while continuing to pocket their voucher payments. Seldin owns over 23,000 units across multiple states. 

The amici asked the Nebraska Supreme Court to protect tenants by affirming a lower court ruling reinstating their lease and finding that Nebraska’s waiver statute applies to rental subsidy payments and that acceptance of rental subsidy payments therefore waives a landlord’s right to evict the tenant. 

Read the full amicus brief from the National Housing Law Project and Nebraska Appleseed here.