FEDERAL EVICTION MORATORIUM LAPSES AMID RECENT SURGE IN COVID-19 CASES AND DEATHS

The 120-day federal CARES Act eviction moratorium lapsed on July 25, raising concerns about a possibly massive number of eviction actions being pursued in the many states that that have no statewide eviction moratorium of their own. Tens of millions of newly-unemployed American renters and homeowners, along with their families—and tens of millions of other Americans who lacked housing they could afford, even before the Covid-19 pandemic—likely will be unable to afford full rent and mortgage payments for a long time after the pandemic ends.

The CARES Act moratorium covered about 28 percent of America’s 43 million renters. The federal foreclosure moratorium, which ended on June 30, covered about 37.5 million of the nation’s 80+ million homeowners. Thus, those federal moratoriums actually applied to less than 40% of the nation’s housing units.

Temporary eviction moratoriums are still in effect in certain states, cities and smaller communities. It is important for renters and homeowners to be aware of their state and local laws and the status of their courts (many of which have reopened or never closed).

• To find websites with more detailed information about renters' and homeowners' eviction and foreclosure protections during the pandemic, you may click on EVICTION PROTECTION INFO WEBSITES.
• For a tracker on state and local rental-assistance programs, see National Low Income Housing Coalition [NLIHC], State and local rental assistance, posted at https://nlihc.org/rental-assistance.
• For an extended, background report on Covid-related eviction and foreclosure moratoriums, tenant protections, and courts’ status during the pandemic, please click on AS COURTS REOPEN, EVICTION CONCERNS INCREASE. 

Read more: FEDERAL EVICTION MORATORIUM LAPSES AMID RECENT SURGE IN COVID-19 CASES AND DEATHS

Governments at all levels have broad authority to protect renters and homeowners during pandemic

The national emergency due to the Covid-19 coronavirus pandemic has led to extraordinary federal, state and local actions. Among them are unprecedented measures to prevent tenants and homeowners being evicted or suffering foreclosure due to the sudden, massive economic dislocations caused by the pandemic.

Those measures are temporary and incomplete, however. As mentioned above, however, many tens of millions of Americans predictably will be unable, for a much longer time, to afford full rent and mortgage payments and still meet other crucial needs, such as sufficient food and health care for their families.

The financial concerns of those who have lost jobs and/or other basic income sources could be reduced a great deal, if federal and state officials exercised their well-established authority to enact emergency, debtor-relief legislation. For example, legislation could permit tenants and homeowners to pay only what they are reasonably able to pay, for as long as their ability to pay is seriously impaired due to the pandemic. 

A similar result could be achieved through forgivable government loans to individual and business debtors. Also, courts may permit tenants and homeowners to pay only what they are reasonably able to pay, temporarily, while they are unable to pay the full amounts due under their leases and mortgages, due to the pandemic. Courts may do so by upholding the well-established contract defense of “Impracticability of Performance.” 

For an explanation of those issues, please click on GOVERNMENT AUTHORITY TO PROTECT RENTERS AND HOMEOWNERS DURING EMERGENCY. 

MORE EHI ARTICLES 

•  EHI proposes legislation to ban exclusionary housing practices comprehensively. For EHI’s preliminary report on such legislation, please click on please click on TOWARD A COMPREHENSIVE BAN ON EXCLUSIONARY HOUSING PRACTICES. 

•  EHI recommends “leveling the playing field” for victims of economically exclusionary housing practices, by authorizing courts to require reimbursement of their litigation expenses by violators. For more, please click on please click on LEVELING THE PLAYING FIELD FOR VICTIMS OF UNLAWFUL, EXCLUSIONARY HOUSING PRACTICES. 

• EHI analyzes whether Congress has Constitutional authority to prohibit unwarranted state and local regulatory restrictions on housing supply, if those restrictions affect interstate commerce—as a number of recent studies indicate they now do. For more, please click on INTERSTATE EFFECTS OF REG. BARRIERS (2017). 

• For EHI’s article on effective strategies to address residents' concerns about permitting new housing in their vicinity, please click on PURSUING “WIN/WIN” SOLUTIONS TO MEETING HOUSING NEEDS. 

• EHI has summarized how exclusionary housing policies aggravate housing problems that have been linked to increased developmental problems among low-income children. Among those problems are children's health (physical, mental and emotional), safety, educational achievement, and general cognitive and behavioral development. For more, please click on CHILDREN'S DEVELOPMENT & XHPs. 

• The U.S. Supreme Court has ruled that the federal Fair Housing Act prohibits housing practices that have a disproportionately adverse effect on members of minority groups—unless those practices have a justifiable purpose and properly limited scope. For more, please click on SUPREME COURT DISPARATE IMPACT DECISION.

• A McKinsey Global Institute report finds that overcoming exclusionary housing policies is the most critical step in providing affordable housing—not only in the United States, but around the world. For more, please click on McKINSEY REPORT ON MEETING GLOBAL HOUSING AFFORDABILITY CHALLENGE. 

• EHI celebrated its significant achievements, both locally and nationwide, on its 10th anniversary--September 19, 2018. For more, please click on EHI's FIRST TEN YEARS. 

• Inside Philanthropy urges funders to support EHI’s efforts to break the grip of exclusionary zoning and other exclusionary housing policies on housing opportunities for low- and moderate-income people. For more, please click on Inside Philanthropy urges funders to support EHI. 

• EHI letters printed by Washington Post highlight serious, adverse effects of local housing and land use policies For more, please click on EHI LETTERS IN WASHINGTON POST. 

• For an EHI analysis of the role of governmental land use planning in housing shortages and excessive costs, please click on EHI ANALYSIS OF JOBS-HOUSING REPORT.