continue to expire, we have yet to see a mass wave of evictions. Time,
coupled with federal assistance dollars, reprieves from late fees and
the use of payment plan agreements has allowed many residents to
stay current on their payments. Some residents have even been able
to pay off large outstanding balances. Even more encouraging is the
growing proliferation of rental assistance programs at the state and
local level. For example, on June 23, the Los Angeles City Council
voted unanimously to use $100 million of CARES Act funds to help
rental housing residents affected financially by COVID-19.
The second narrative is the idea of a “triple pandemic,”
a coronavirus-inspired metaphor used by renter advocates to
describe the intersection of social justice, housing justice and the
disproportionate effects of COVID-19 on minority communities.
This narrative aligns with existing arguments about the disparate
impact of evictions and resident screening laws on communities
of color. As was the case with the Fair Housing Act during the
Civil Rights Movement, we expect to see advocates drive forward
sweeping changes to eviction policy and other housing laws in 2020.
Two noteworthy examples of adverse policies driven by these
narratives remain in play in the New Jersey and California state
legislatures. The New Jersey Assembly’s Housing Committee
approved Assembly bill A-4226 during a hearing on June 16 that
would have significant ramifications for rental housing providers
in the state. The bill requires owners and operators to enter into
repayment agreements that would significantly change existing
lease terms and preclude providers from utilizing the eviction
process in these cases. Under these repayment agreements, renters
are given six months to repay every one month of outstanding
rent owed. Housing providers are also prohibited from pursuing
evictions of residents who enter into these agreements and reporting
any nonpayment of rent to credit reporting agencies.
California is considering equally expansive COVID-19 eviction
protections. Assembly Member David Chiu, author of California’s
statewide rent cap and just cause eviction bill passed last year, has
introduced AB 1436. The bill, which passed the house and now
sits with the Senate Judiciary Committee, would prevent housing
providers from holding residents liable for nonpayment of rent
resulting from COVID-19 financial impacts during the covered
period. The covered period is defined as the date the state of
emergency due to COVID-19 was enacted through April 1, 2021, or
90 days after the termination of the emergency order, whichever
is earlier. Moreover, no eviction could be filed on a resident who
suffered loss of income or increased expenses during the outlined
timeframe for the subsequent 12 months after the restrictions
expire. Historically, the State and local governments have waited
years to lift state of emergency orders, meaning evictions would
likely be barred for the next 10 months.
While many of these temporary renter protections are set to
expire, the industry must remain vigilant to prevent any extensions
or expansions of eviction moratoria as the viability of the rental
housing industry is at risk. Policymakers also must consider the
long-term implications on the availability of affordable housing
in the current housing stock and effects on investment in new
development. It is critical for lawmakers at all levels of government
to focus on greater access to emergency rental assistance; this
approach is key to fostering renters’ financially stability and
preventing displacement.
www.aamdhq.org
AUGUST 2020 TRENDS | 35