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Open Records Requests Guide on Nuisance Property Ordinances and Crime-Free Programs (2021)

Open Records Requests Guide on Nuisance Property Ordinances and Crime-Free Programs (2021) *NEW* guide on sample open records requests advocates can send to local governments with crime-free programs and nuisance property ordinances. Read More »

Nuisance and Crime-Free Ordinances Initiative

Working to prevent survivors of domestic and sexual violence from being evicted because of the abuse committed against them Local nuisance or “crime-free housing” ordinances and policies typically single out properties where alleged “nuisance” activity—such as calls for emergency services or noise disturbances—occur. Such ordinances and policies aim to hold a tenant and/or owner responsible for this conduct through fines, evictions, or other penalties. In at least one  jurisdiction, the penalty for violating the local nuisance ordinance is being prohibited from renting within the entire jurisdiction for up to six months. Such laws and policies may consider incidents of domestic violence – or a certain number of calls for police or emergency assistance—as “nuisance” activities. As HUD observed... Read More »

COVID-19 RESOURCES

The National Housing Law Project has put together the following resources for attorneys, advocates, policymakers, and others for assistance during the COVID-19 national public health crisis.  We will continue to update this with NHLP resources and other resources as they become available. Please email us with any additional resources to post. Read More »

CARES Act

Webinar – End of the CARES Act Moratorium: mini-moratoriums, 30 day notice and eviction legal strategy in the pandemic National Housing Law Project hosted the webinar “End of the CARES Act Moratorium: mini-moratoriums, 30 day notice and eviction legal strategy in the pandemic.” Webinar materials are provided at the link above. (July 23, 2020) CARES Act Eviction Moratorium Summary The federal stimulus package in response to COVID-19 (The CARES Act) was passed on March 27 and expired July 24. Landlords are still obligated indefinitely to provide a 30-day eviction notice for any property covered by the CARES Act. This 30-day notice overrides all state and local landlord-tenant law regarding notices for properties covered by CARES.The bill includes a... Read More »

Litigation Resources

Ohio CDC Brief Brief responding to landlord’s motion in Columbus, Ohio case for for eviction judgment against covered tenant on grounds that CDC eviction halt order is unconstitutional. Discusses Terkel v. CDC case and other federal opinions regarding constitutionality of CDC order. Drafted by Kaci Philpot, Zach Bowerman, and Jyoshu Tsushima of Legal Aid Society of Columbus with supervision of Melissa Benson. (March 4, 2021) Amicus Brief (Massachusetts eviction moratorium)  Submitted July 24, 2020, in Matorin v. Executive Office of Housing & Economic Development, a lawsuit pending in Massachusetts that challenges that state’s moratorium on “non-essential” eviction proceedings. Principally authored by NHLP with assistance from Joseph Sherman of MetroWest Legal Services in Framingham, Massachusetts. (July 24, 2020) Louisiana Order... Read More »

State and Local Model Policies and Resources

Map of State Eviction Moratoria  These maps are prepared by Rachel Blake of Regional Housing Legal Services in consultation with Emily Benfer of Columbia Law School; Columbia public health students Marissa Yochelson Long and Janki Tailor; and NHLP staff.  The maps are generated using data from the eviction moratoria spreadsheet managed by Benfer and students of Columbia Law School, Columbia University Mailman School of Public Health, and University of Pennsylvania Law School.  To better understand the steps states have taken to prevent homelessness during and after the pandemic, the Eviction Lab and Columbia Law School’s Professor Emily Benfer developed a policy scorecard for each state. Model State Moratorium This is NHLP’s model moratorium... Read More »

Tools for Tenant Advocates

Immigration Restrictions in Rental Assistance Programs The immigration restrictions under title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) only allow “qualified” individuals to have unrestricted access to rental assistance programs. However, PRWORA coverage varies program to program, and there are important exceptions that allow undocumented and other non-qualified individuals to access programs covered by PRWORA. This is an outline of various programs that can be used to provide rental assistance and the ability for undocumented immigrants to access these programs. (January 8, 2021)  NHLP also has this analysis about immigration requirements for ESG, HOME, CDBG, CRF, ERAP, and FEMA assistance. (Updated January 29, 2021) FAQ on Assistance Based on Immigration Status in a... Read More »

Immigrant Rights

Immigrants are vital members of our society. Data shows that they contribute to the U.S. economy in many ways and contribute to our communities in ways that go far beyond their positive impacts on the economy. In gaining their foothold in the U.S., immigrants, like all of us, often need help with housing and other public supports. The United States must take active and deliberate steps to restore its status as a beacon for immigrants, regardless of their country of origin, seeking a better life for themselves and their families. Especially during a devastating pandemic, it is critically important that there is no recovery or relief without including immigrants and their families, regardless of their immigration status. Read More »

Amicus Briefs Defending Eviction Moratoria

CDC halt order: Fifth Circuit  – Terkel v. CDC Amicus Brief filed by National Housing Law Project in support of reversing trial court decision in Terkel v. CDC, No. 6:20-CV-00564, 2021 WL 742877 (E.D. Tex. Feb. 25, 2021). The trial court issued a declaratory judgment finding the CDC halt order impermissible under the Commerce Clause. (Filed May 3, 2021) CDC halt order: Fifth Circuit  – Chambless Enterprises v. Walensky Amicus Brief filed by Southeast Louisiana Legal Services, Acadiana Legal Services, Southern Poverty Law Center, and National Housing Law Project in support of affirming trial court decision in Chambless Enterprises, LLC v. Redfield, – F.Supp.3d -; No. 3:20-CV-01455, 2020 WL 7588849 (W.D. La. Dec. 22, 2020).  The trial court... Read More »

CDC Eviction Moratorium

The CDC Eviction Moratorium has been EXTENDED until June 30, 2021. link to CDC order link to CDC declaration for tenants for tenants:  fact sheet and declaration in numerous languages link to CDC Frequently Asked Questions (FAQ) NHLP’s Legal Analysis of March 29, 2021 CDC Order (effective date April 1, 2021) This memo addresses questions posed by this extension of the CDC order through June 30, 2021. (Memo date:  March 30, 2021) Terkel v. CDC Judgment Analysis/Legal Memorandum regarding a Texas federal court ruling that the CDC Order on Evictions is unconstitutional. The ruling is a declaratory judgment and only applies to the plaintiffs in the case. The CDC moratorium... Read More »