'Down the drain’: Millions face eviction after
Biden lets protections expire
The federal eviction moratorium in place since
September is set to expire Saturday, after the Biden administration refused to
extend it and Democrats in Congress couldn't muster the votes to intervene.
About 7.4 million adult tenants reported they were
behind on rent. |
By KATY
O'DONNELL
07/31/2021
07:00 AM EDT
https://www.politico.com/news/2021/07/31/eviction-moratorium-rental-assistance-biden-501917
As the
clock runs out on a nationwide eviction ban for what’s expected to be the final
time, millions of tenants are staring at the prospect of losing their homes as
they wait for emergency rental aid that the government has failed to deliver.
The federal
eviction moratorium in place since September is set to expire Saturday, after
the Biden administration refused to extend it and Democrats in Congress
couldn't muster the votes to intervene. Now lawmakers and activists fear an
unprecedented surge in evictions in the coming months just as the highly
transmissible Delta variant causes a spike in coronavirus cases.
The
eviction wave is expected to hit population centers across the country. Housing
advocates point to renters in Ohio, Texas and parts of the Southeast — where
tenant protections are generally low, housing costs are high and economic
problems from the pandemic linger — as particularly at risk. Even though it has
its own ban in place through August, New York is also a concern, because it has
been especially slow at distributing rental assistance funds to the hundreds of
thousands of tenants in the state who are behind on their rent.
“We’ve been
circling a drain,” said KC Tenants Director Tara Raghuveer, a housing organizer
in Kansas City, Mo. “On Saturday, poor and working-class tenants go down the
drain in some places.”
The
last-minute gridlock between President Joe Biden and Democrats in Congress that
resulted in the demise of the eviction ban this week threatens to impose new
economic burdens on state and local governments. The officials will have to
respond to mass evictions triggered by landlords — including many struggling
financially themselves because of lost revenue — who are poised to kick out tenants
who fell behind on their bills during the pandemic. The renter safety net is
severely weakened, with fewer than a dozen state eviction bans in place and
state and local governments having disbursed only a fraction of the $46.5
billion in rental assistance that Congress authorized over the past year.
President
Joe Biden in a statement Friday called on state and local governments "to
take all possible steps to immediately disburse these funds" given the
ending of the moratorium.
"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.
"Every state and local government must get these funds out to ensure we
prevent every eviction we can."
Biden also
suggested that they institute their own bans: “State and local governments
should also be aware that there is no legal barrier to moratorium at the state
and local level."
Housing
advocates are warning of awful images and hardships for many Americans who have
suffered the most from Covid-19.
“My biggest
concern is the dynamic of potentially tens of thousands of sheriff’s deputies
and other law enforcement officials executing evictions around the country at
the same time in the hottest month of the year,” said David Dworkin, president
and CEO of the National Housing Conference, an affordable housing advocacy
group.
About 7.4
million adult tenants reported they were behind on rent in the latest U.S.
Census Bureau survey, which was taken during the last week of June and the
first week of July. About 3.6 million tenant households said they were
“somewhat likely” or “very likely” to face eviction over the next two months.
Others say
the population of at-risk renters is much larger. The left-leaning Center on
Budget and Policy Priorities estimates that 11.4 million tenants — 16 percent
of adults living in rental housing — are not caught up on rent.
In six states and 31 cities, landlords have filed for
more than 451,000 evictions since March 15, 2020.
The lapse
of the eviction ban, which was first imposed by the Centers for Disease Control
and Prevention in September as a Covid-19 safety measure, comes after landlords
warned that it cost them billions of dollars each month. Industry groups
including the National Association of Realtors lobbied against extending the
moratorium this week and made the case to lawmakers that it "unfairly
shifts economic hardships to the backs of housing providers who have
jeopardized their own financial futures to provide essential housing to renters
across the country."
The
industry groups said the ban has been especially difficult for the mom-and-pop
landlords who provide 40 percent of the country’s rental units. They
"continue to pay mortgages, taxes, insurance and maintain the safety of
their properties for tenants with less or, in many cases, no rental income,”
the groups said in a late-night letter to lawmakers on Thursday.
The White
House announced Thursday that it would not extend the moratorium because of the
prospect of legal challenges, which have been spearheaded for months by
landlords. The Biden administration cited a Supreme Court decision last month
that kept the ban in place until July 31 but made clear that a majority of
justices believed the CDC was exceeding its legal authority.
Biden urged
Congress to intervene and pass a new prohibition, but at least a dozen House
Democrats revolted as landlords and other housing industry groups warned of
their own economic hardships.
The
situation that will start unfolding Saturday will vary from state to state. In
six states and 31 cities tracked by Princeton University's Eviction Lab,
landlords have filed for more than 451,000 evictions since March 15, 2020.
Landlords typically file about 3.7 million eviction cases per year, and so
filings are expected to swell in August.
In places
such as Texas, which has allowed eviction proceedings to continue under the
federal ban right up to the point of ejecting tenants from their homes, courts
are likely to see a spike in eviction filings on Monday. Thirty-one percent of
the 4.7 million adult tenants in Texas said they had “no” or “slight”
confidence in their ability to make next month’s rent, according to the Census
survey.
In Houston
— the state's largest city — nearly 40,000 eviction cases have been filed since
March 2020, according to Princeton's Eviction Lab. On average, Houston sees
about 58,400 filings a year, suggesting a surge in filings is likely as the
city gets back to normal.
Ohio has
not enacted any special protection for tenants, and nearly 134,000 renters say
they are very or somewhat likely to face eviction. Florida's state ban lapsed
in October, and more than 350,000 people are behind on rent.
And while
New York has strong tenant protections in place through August, it’s also been
among the slowest states to award relief money, distributing none of the first
tranche of funds provided by Congress through June. There is no public data on
New York’s disbursal of any second tranche funding.
State and
local governments say it has been a struggle to put federal aid in the hands of
tenants and landlords because they were forced to come up with relief programs
from scratch.
The
apparent aid bottleneck in New York has raised fears that it will face its own
massive spike in evictions a month from now when a state ban expires. More than
860,000 tenants in the state say they are behind on rent.
Sunia
Zaterman, executive director of the nonprofit Council of Large Public Housing
Authorities, said there will be a “tsunami” of evictions.
“We’re
standing on the beach watching the waves come in,” she said.
Melanie
Wang, a national field organizer for Right to the City Alliance, is among the
many housing advocates and even Democratic lawmakers who expressed frustration
with the last-minute announcement from the White House that the ban would lapse
and the situation was out of Biden's hands.
“Yet again
we are on the brink of a flood of evictions that tenants and housing advocates
have been warning about for a year and a half now, and it’s been sort of a
bungee-jumping experience,” Wang said. “So to have such a lukewarm response
from the Biden administration at this point in time is really frustrating.”
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