What Options Do Tenants Have After the National Evictions Moratorium Ends?

To help reduce coronavirus spread, the CDC temporarily halted most evictions for non-payment of rent across the country.

It also lifted a temporary restraining order against a lower court finding challenging the CDC’s federal eviction moratorium (CDC). Because of this, the Supreme Court nullified the federal eviction moratorium, removing vital eviction safeguards for millions of low-income people, mostly of race.

The federal eviction moratorium was a lifeline for millions of families, keeping many families safe and secure during the pandemic. This decision may result in millions of people losing their homes this fall and winter, just as the delta fluctuation has decimated villages and lives.

What’s next?

It is more important than ever to ensure that tenants have stable and safe housing. Governments at all levels must respond immediately.

Help for Renters

If you or a friend needs emergency rental assistance, please call:

To learn more, call 2-1-1 or visit www.211.org. It will connect you to a local call center to learn about local programs.

Get in touch with your local rental assistance program. Thousands of emergency rental assistance (ERA) organizations have been created or developed to help renters stay in their homes. Apply now if you haven’t already because funding will take time to reach you and your landlords.

Request a free legal aid consultation. For additional details, speak to a legal aid attorney. Here is a list of legal aid organizations.

Contact your congressional and Senate representatives. Your members of Congress must be aware of your housing needs and state/local resources.

Federal action is essential now.

To protect tenants, Biden must act soon. For all HUD-subsidized housing and FHFA-backed mortgages, HUD should institute an eviction moratorium. Renters who apply for ERA should not be evicted, and the Treasury Department should continue to remove obstacles that prevent ERA programs from reaching low-income households.

Congress must address the inadequacies in our federal housing safety net that have led to an eviction tsunami amid a worldwide epidemic. Congress must approve the campaign’s key goals, such as providing rental assistance to all qualified households.

State and Local Action Now

State and local governments must act immediately once the Supreme Court overturned the eviction moratorium:

Creating or extending eviction moratoria. The discovery of the Delta COVID-19 variation, poor vaccination rates in eviction-prone areas, and the slow spread of ERA all underline the need for eviction moratoriums. Moratoria also provides state and local governments greater time to provide emergency rental assistance to low-income families.

timely distribution of eviction aid The $46 billion in emergency rental assistance authorized by Congress has been spent to date. However, most communities need to do more, better, and faster. State and local governments must work together to make ERA programs generally recognized, accessible, and effective in reducing evictions.

Increasing renter protections. These and other protections, such as the right to counsel and erasure of eviction records, can help protect renters in the future.

The ERA Program Administrator must act promptly.

Because state and municipal courts are anticipated to see an increase in eviction cases, attorneys, judges, justices of the peace, and court personnel must work together to help landlords and tenants. To expand ERA access through state and municipal courts, ERA program administrators should immediately:

Eliminate paperwork burdens. Treasury requires that all ERA programs use self-attestations, categorical eligibility criteria, and income-based proxies to assess eligibility. In addition, when landlords are unresponsive or problematic, all programs should support tenants directly.

Court Processes

Court communication should be improved. States and municipal courts must guarantee that both tenants and landlords are aware of and can access ERA. ERA programs should cooperate with attorneys, legal aid groups, state and county judges, justices of the peace, and local sheriff’s departments to help landlords and tenants. Courts should update summons and court websites with ERA information, including links and instructions on how to apply.

Make a deal with the ERA about data exchange. If a landlord requests emergency rental assistance and is reimbursed but does not cancel the eviction, courts should create a system for recognizing and stopping the filing.

Go to the hearing. Emergency rental assistance services should have a physical or virtual presence in eviction courts to educate renters and landlords. Make sure housing navigators are present in court to assist tenants and landlords.

Boost application processing speed. Emergency rental assistance programs should prioritize evictions for nonpayment of rent, as should applications filed in court with court navigators.

Increase staffing. For example, ERA programs may hire more employees to help renters fill out applications more efficiently and cut processing time.

Contract with local non-profits. ERA initiatives should collaborate with local community-based organizations to target the most disenfranchised households.

Angela Silva

Angela Silva, a dedicated 42-year-old consultant specializing in government housing and rental assistance, hails from Sydney, Australia. She completed her education with a degree in Urban Planning from the University of New South Wales. Angela’s career has been marked by her relentless advocacy for affordable housing solutions, where she has worked extensively with both local governments and international agencies in Asia-Pacific regions. Her initiatives have led to the development of sustainable housing projects that cater to low-income families. Outside of her professional environment, Angela enjoys a peaceful life with her partner and their two adopted dogs, engaging in community gardening and urban sustainability projects.