IN THE PROFESSION
will result in judgments in the landlords’
favor. Those landlords will then obtain writs
of possession, which the county marshals
will execute. And countless families will
become homeless.
(It’s important to note that some tenants may
have additional protections via the federal
CARES Act. That law halts evictions of
tenants in properties with federally-backed
mortgages for 120 days, and also prohibits
charging late fees or penalties during that
time. But many tenants do not live in such
properties, or will be unaware of these
protections.)
lie ahead, and these challenges will fall
most acutely on the impoverished and the
vulnerable.
Lawyers have the ability to assist in these
challenging times.
By volunteering
their services through organizations like
Atlanta Volunteer Lawyers Foundation
and Atlanta Legal Aid, attorneys can help
tenants facing eviction articulate defenses
and counterclaims. Legal representation
can also mean gaining access to illegally
withheld wages or obtaining a life-saving
Temporary Protective Order.
Lawyers
can solve administrative problems with
unemployment benefits, food stamps, and
other forms of assistance that are often literal
lifelines for families.
The social and legal implications and
consequences that lie ahead are still unclear,
but we can predict certain outcomes, beyond
clogged courtrooms and full dockets.
What can tenants do right now to protect
themselves? If staying current on rent is not
Over the past decade, Atlanta has been possible, what options exist?
steadily whittling down its number of
homeless people, as measured by the city’s 1. Communicate.
annual Point-in-Time count. That number,
which used to exceed 7,000, has hovered First, tenants whose income has diminished
closer to 3,000 for the past several years. or vanished, and who do not expect to be
The coming avalanche of evictions may able to pay their rent, should talk to their
well bring with it a stark reversal of that landlords. Now is not the time to dodge
downward trend. Charitable and support phone calls or ignore text messages. Tenants
organizations will be overtaxed (even more should explain their situation and ask if
than usual). Homeless shelters will be their landlord would agree to a full or partial
overfull (even more than usual). Even as waiver of rent, or a payment plan. Perhaps
COVID-19 patients leave hospitals, people the landlord would be willing to accept a
suffering from the physical and emotional forfeiture of the tenant’s security deposit
harms of deep poverty will take their place. in lieu of rent. A creative compromise
may be possible, but that requires honest
Meanwhile, landlords who relied on rent communication.
payments to pay their mortgages will
struggle to do so. Foreclosure rates will
increase, leading even more families that
were recently stable to suffer displacement,
vulnerability, and poverty.
2. Research.
Tenants should research the laws that apply
to their own housing situation. For example,
tenants whose rent is subsidized by the
Section 8 Housing Choice Voucher Program
are protected from eviction and late fees
under the federal CARES Act. Tenants
should also research the charitable resources
in their communities: food banks, clothes
closets, and sliding scale medical clinics
might all be useful.
3. Ask for help.
Unfortunately, some landlords are not
waiting for the courts to reopen, and are
evicting their tenants through “self-help” –
that is, by changing the locks on the rental
property, or cutting off utility service.
Tenants whose landlords have done this, or
who are threatening it, should contact a legal
assistance organization such as AVLF or
Atlanta Legal Aid. Similarly, tenants who are
confused by the various judicial emergency
orders and by federal, state, and local rules
should seek clarification from reliable
sources, such as Fulton County’s Housing
Court Assistance Center.
The social and legal consequences of these
unprecedented times will eventually be
written about in the history books, with the
clarity that comes from time and perspective.
Right now, on the brink of an avalanche of
evictions, we can only strive to keep up with
the evolving crisis, and to help our neighbors
stay informed, healthy, and housed.
Amid the widening ripples of the crisis,
there will be helpers and heroes. Emergency
government assistance, such as the recent
$1200 payments provided by the federal
CARES Act, will be a lifeline to some.
Neighbors will offer food and shelter to
neighbors, and even to strangers. Just as
people in China built an emergency hospital
in only ten days to treat the first wave of
COVID-19 patients, we in Atlanta will
witness miracles of efficiency, compassion,
and service. Some of us will help manifest
those miracles.
But make no mistake: great challenges
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