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Enforcing the CARES Act 30-Day Eviction Notice Requirement | NHLP Memorandum discussing continuing applicability of 30-day notice requirement for certain evictions in properties participating in federal housing programs or with federally-backed financing. Updates users on changes caselaw and regulatory developments and on statutory changes to covered housing programs in the 2022 VAWA reauthorization. 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... Read More »

Amicus Briefs Defending Eviction Moratoria

El Papel v. City of Seattle eviction moratorium. Amicus Brief filed in Ninth Circuit seeking to affirm trial court’s ruling that the State of Washington’s eviction moratorium during Covid-19 was not a taking. Brief explains how temporarily disallowing the eviction of tenants that landlords voluntarily admitted to rental properties is neither a physical taking nor an excessively onerous regulation under the regulatory takings test set forth in Penn Central Transportation Co. v. City of New York, 438 U.S. 104 (1978). Brief drafted by Democracy Forward Foundation and filed on behalf of NHLP, Appleseed Foundation, Alliance for Justice, International Municipal Lawyers’ Association, Lawyers’ Committee for Civil Rights under Law, and Western Center on Law & Poverty. CDC halt order: Fifth Circuit  – Terkel... Read More »

Evictions Surveys: What’s Happening on the Ground

JULY 2022:  RISING EVICTIONS IN HUD-ASSISTED HOUSING:  SURVEY OF LEGAL AID ATTORNEYS In Spring 2022, the National Housing Law Project surveyed 148 legal aid and civil rights attorneys in 39 states, DC, and Puerto Rico, to assess how tenants are faring in HUD-assisted housing, specifically HUD’s public housing and Housing Choice Vouchers (Section 8) programs at this point in the pandemic. Top findings include: HUD evictions are returning to pre-pandemic levels or higher; Many public housing authorities (PHAs) ignored strategies for reducing rent that would have helped families; Tenants with housing vouchers fared worse than tenants in public housing; Many HUD-assisted tenants did not benefit from emergency rental assistance; Public housing authorities and voucher landlords continue... Read More »

CDC Eviction Halt Order

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 on September 12, 2022) Template for pro se motion to... 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 »