March 2021 | Page 35

APARTMENT ADVOCATE
NATIONAL APARTMENT ASSOCIATION

U . S . District Court Rules Temporary Eviction Restrictions Morphing into Longer Term Reforms means that a federal eviction moratorium has been in place for almost a year in conjunction with various state and local restrictions . That combination continues to produce a patchwork of requirements and constraints that force rental housing providers to absorb and operate under substantial losses .

However , the second narrative has greater long-term policy consequences . It implies that rental assistance , in combination with current renter protections , are insufficient to address the ongoing challenges of low-income renters directly affected by the pandemic . Policy proposals included in recently-introduced legislation from several state legislatures in January to address this perceived insufficiency fall into five categories . These include :
• Rent regulation , including rent freezes and rent forgiveness ;
• Just cause eviction restrictions ;

After nine months of concerted advocacy by NAA and other housing organizations , Congress included $ 25 billion in Rental Assistance funds in the Consolidated Appropriations Act of 2021 . While this is a legislative victory for struggling housing providers and their residents , it has not dissuaded various housing policy stakeholders from continuing to push eviction moratoria and other temporary pandemic eviction restrictions . These temporary policies are coinciding with longer-term policy proposals to reform state and local eviction processes , changes that would have adverse impacts on the operation and affordability of rental housing .

Eviction moratoria have become a ubiquitous feature of government response to COVID-19 in part due to academia ’ s support . A raft of studies were published at the tail end of 2020 focusing on evictions during COVID-19 . Taken together , these studies form a duel set of narratives that can be used against the rental housing industry , first suggesting that eviction moratoriums are sound policy that protect residents from displacement and by extension contracting COVID-19 . Secondly , these studies suggest that evictions cause housing instability and poverty , especially for low-income renters of color , and therefore should be restricted as much as possible . Both positions have been reflected in reporting from national media outlets like CBS , The Washington Post , The New York Times , and NPR .
The first narrative has pushed policymakers to continue relying on eviction moratoria , despite the fact they leave struggling renters accruing insurmountable debt that will eventually become due . The U . S . Centers for Disease Control and Prevention ( CDC ) recently extended its federal eviction moratorium through March 31 , 2021 at the direction of President Biden . The extension
• Eviction diversion programs ;
• Right to counsel ; and
• Eviction screening restrictions .
These proposals were frequently debated before the pandemic , but now lawmakers and renter advocacy groups argue they are needed more than ever .
Adverse Housing Policies Given Renewed Emphasis
An apt example of how this narrative is affecting housing policy can be found in Maryland . Speaking about the recently passed $ 25 billion in federal rental assistance funds on a virtual meeting hosted by Renters United Maryland , Public Justice Center attorney Zafar Shah articulated what is an increasingly common opinion among renter advocacy groups : “ It ’ s clear that relief money www . aamdhq . org MARCH 2021 TRENDS | 33