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Evictions Survey: What’s Happening on the Ground

This fall, the National Housing Law Project surveyed 119 legal aid and civil rights attorneys in 41 states, DC, and Puerto Rico to see how tenants were faring after the federal eviction moratorium ended in August 2021. These attorneys are part of the Housing Justice Network, hosted by NHLP. This is a follow up to our July 2020 survey. Courts and landlords continue to evict families, in spite of legal protections and billions of dollars in aid to landlords. The numbers in this survey are the tip of the iceberg because they only take into account families who were represented by legal aid attorneys during COVID. Nationally, only 3% of tenants have legal representation,... Read More »

CDC Eviction Moratorium

The CDC moratorium ended on August 26, 2021. CDC Order and CDC Declaration for Tenants For Tenants:  fact sheet and declaration in numerous languages Advocate Primer – NHLP’s Analysis of August 2021 CDC order FAQ for Renters in English and Overview of Moratorium Fact Sheet and Declaration for Renters created by the Alliance for Housing Justice and National CAPACD Is My County Currently Covered by the CDC Eviction Moratorium? This step-by-step guide includes instructions to find out whether your county is covered by the CDC eviction order. Importantly, the instructions describe what to do if a county falls below the “substantial” or “high” rate required for the... Read More »

Policy Advocacy and Analysis

Civil Rights and Housing Groups Call on HUD to End Evictions in Its Own Properties 49 civil rights, affordable housing, and tenants’ rights organizations, including 25 national groups, called on the U.S. Department of Housing and Urban Development (HUD) to act immediately to end evictions in HUD housing and to do more to stop the national eviction crisis. Letter to HUD News Release Emergency Housing Vouchers – FAQ and Advocacy Tips NHLP FAQ and Advocacy Tip Sheet for Emergency Housing Vouchers (EHVs). You can find out whether your local public housing authority was awarded EHVs on HUD’s website here, under “List of Awardees.” More than 600 PHAs were awarded a... Read More »

Other National Resources

Energy Efficiency for All’s website Tracking state and local housing policy responses to COVID-19. The tracking includes utility disconnection policies, eviction moratoria, and announced LIHTC policies. National Alliance for Safe Housing, COVID-19 Response Resources This site provides links to a number of resources for advocates who serve survivors of domestic and sexual violence. National Center for State Courts This resource has the current status of state court closings. National Council of State Housing Agencies’ list This is a list of state housing finance agencies’ announcements/guidance. National Consumer Law Center This resource has some helpful resources about various consumer issues relating to the current emergency, including what homeowners should know about available mortgage relief. Read More »

Tools for Tenant Advocates

Source of Income Laws and Emergency Rental Assistance – Advocacy Tips This resource from NHLP, Poverty & Race Research Action Council, and National Homelessness Law Center provides tips for advocates on how to use source of income protections to increase the ability of renters to access and use emergency rental assistance. (October 4, 2021) Emergency Housing Vouchers NHLP FAQ and Advocacy Tip Sheet for Emergency Housing Vouchers (EHVs). You can find out whether your local public housing authority was awarded EHVs on HUD’s website here, under “List of Awardees.” More than 600 PHAs were awarded a total of 70,000 vouchers. (UPDATED September 28, 2021) Template for pro se motion to appoint... 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 »

Litigation Resources

Template for pro se motion to appoint counsel in a pandemic eviction case Sample brief that advocates may adopt for use by pro se tenants in their jurisdictions, seeking appointment of counsel in a summary eviction case (August 16, 2021) New Mexico Order on Applicability of CARES Act Order from a New Mexico state court arbitration finding that a property which accepts Housing Choice Vouchers is a covered property for purposes of applying the CARES Act, even if the tenant occupying the dwelling unit in question is not a voucher holder. Rejected the landlord’s argument to the contrary, based on HUD’s answer to Frequently Asked Question EM 13 (“EM13. If a market rate property has an HCV holder... Read More »

Homeowner Protection and Resources

Homeowner Assistance Fund FAQs As part of section 3206 of the American Rescue Plan, Congress has created the Homeowner Assistance Fund, which will provide $9.9 billion to the U.S. Department of the Treasury to give out to states, territories, and tribes to help homeowners facing hardships during the COVID-19 pandemic. This is a summary from the National Consumer Law Center and the Center for NYC Neighborhoods. (March 2021) Foreclosure Protections and Mortgage Payment Relief for Homeowners This is an NHLP summary of single-family mortgage provisions in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and related federal actions. (UPDATED July 20, 2021) USDA Rural Development Single Family Direct Loan Servicing Options This is an NHLP... 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 »

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 »