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“Housing is a necessary of life.”
United States Supreme Court
Block v. Hirsch, 256 U.S. 135, 156 (1921)
(per Justice Oliver Wendell Holmes, Jr.)

 Featured Articles

FEDERAL EVICTION MORATORIUM EXTENDED THROUGH JANUARY 31, 2021; NEW FINANCIAL RELIEF PROVIDED

$600 STIMULUS CHECKS, EXTENDED UNEMPLOYMENT BENEFITS, RELIEF FOR BUSINESSES, AND EMERGENCY RENTAL ASSISTANCE PROVISIONS INCLUDED IN LAW SIGNED DECEMBER 27

On December 27, 2020, President Trump signed into law the $900 billion emergency COVID-19 relief bill passed by Congress six days earlier, despite his objections to certain of its provisions. The bill extends through January 2021 the limited eviction moratorium announced by the Centers for Disease Control and Prevention (CDC) in September (see article below). The bill also provides $25 billion in emergency assistance to renters.

In addition, the new law includes numerous provisions that will provide indirect relief to tenants, homeowners, landlords and mortgage lenders. For example, it provides:

  • Up to $300 per week in extended jobless benefits, at least through March 14, 2021.
  • 11 more weeks of Pandemic Unemployment Assistance benefits for many part-time and gig workers.
  • $600 stimulus checks per person, including minor children of adults whose incomes are within certain limits. (Basically, the full amounts will be provided to persons who earned no more than $75,000 in their 2019 tax year ($150,000 for married couples), and stimulus checks generally will not be issued to those who earned more than $99,000 that year. But people whose 2020 tax returns show that they met the financial limits for the current tax year may be eligible for refundable tax credits.)
  • More than $284 billion in forgivable business loans through the Paycheck Protection Program, for initial and second PPP loans to a business. The new law includes expanded coverage for nonprofit organizations and small businesses. Landlords and mortgage lenders generally may apply for those loans.

Many specific industries hard-hit by the Covid-19 emergency also will be eligible for aid under the new law. More detailed information on the law’s provisions may be found in various online news services, such as: 

EHI is among the many housing organizations that have engaged in letter-writing campaigns to members of Congress and federal Executive Branch officials, since the early days of the public health emergency, urging such measures—and in fact, more effective protections and relief for tenants, homeowners, landlords and mortgage lenders. It will be necessary to enact more complete, enduring housing measures until the Covid-19 emergency is thoroughly resolved. 

CDC ANNOUNCES order halting evictions for nonpayment of rent, covering most tenants nationwide, through end of 2020

 The Centers for Disease Control and Prevention (CDC) announced a federal moratorium effective September 4, 2020, that bars eviction of most housing tenants, lessees, and residents throughout the United States, through the end of 2020, where the eviction is based on nonpayment of rent.

Tenants who seek the protection of that moratorium must provide a copy of a written declaration to the landlord or other person who has a legal right to have the tenant evicted or removed. Each adult listed on the lease, rental agreement, or housing contract should sign a declaration affirming various statements under penalty of perjury. (For a summary of the basic statements, you may click on Federal Moratorium Declaration, Sept. 2020.)

The CDC’s moratorium does not apply to foreclosures on home mortgages. For information on federal protections regarding foreclosures, see, e.g., U.S. Consumer Financial Protection Bureau, Coronavirus: Mortgage and housing assistance. 

For further information about eviction protections for tenants and homeowners at the state and local levels during the pandemic, you may click on EVICTION PROTECTION INFO WEBSITES. Other relevant information is given in EHI’s article, CARES ACT EVICTION MORATORIUM LAPSES AMID RECENT SURGE IN COVID-19 CASES AND DEATHS.

Disparate impacts of Covid-19 on minority groups are linked to much higher proportion who must live in overcrowded and/or substandard housing

In the United States, the Covid-19 pandemic has been exceptionally disruptive for the Black, Indigenous, and Hispanic-American communities. For example, during the first four months of the pandemic:

  • Black people were more than twice as likely to die from Covid-19 as White people.
  • Indigenous people accounted for more than 56 percent of Covid deaths in New Mexico (home to part of the Navajo Nation), although indigenous people were only 8.8 percent of the state’s population.
  • Hispanic Americans between the ages of 40 and 59 had been infected at a rate five times greater than White people in the same age group, nationwide.

Actually, the available statistics likely understate the disparate impacts of Covid substantially, because many states are inadequately reporting demographic data for Covid-related cases and deaths among minority group members. 

An important factor in Covid's disparate impacts is that a much higher proportion of minority group members have to live in overcrowded and/or substandard housing. That problem compounds other disproportionate impacts of the pandemic. 

For example, people of color are more likely to: (1) have “essential” jobs in crowded workplaces; (2) rely on crowded public transportation; and (3) suffer from pre-existing health conditions. Studies have linked many of those pre-existing conditions to substandard and overcrowded housing.

EHI law clerk Jesse Brennan has documented the disparate racial impacts of Covid-19, and the relationship of those disparate impacts to America’s housing problems. To access that memorandum, please click on RACE, COVID-19, AND HOUSING.

The disproportionate housing problems of minority group members are largely the result of economically exclusionary housing practices. Those practices (exclusionary zoning and other, overly-restrictive, housing-related practices) prevent the building or preservation of sufficient amounts of housing affordable to low- and moderate-income Americans—especially in and near high-opportunity communities. 

Also, by pushing housing prices up, those policies prevent many low- and moderate-income families with children from accessing adequate housing units. For more on the health-related effects of exclusionary housing practices, please click on CHILDREN'S DEVELOPMENT & XHPs. 

VIRGINIA enters new phase of tenant and landlord protections in JANUARY 2021

The Virginia General Assembly’s Special Session, held from mid-August to mid-November 2020 to address the impacts of COVID-19, resulted in new levels of protection for tenants and landlords. EHI urged the General Assembly to enact stronger protections for tenants and landlords during that session. (EHI is incorporated and has its office in Virginia.)

For 2021, landlords will have to give tenants 14 days’ notice before suing to evict (as opposed to the five days noticed required previously). That 14-days’ notice must state the amount owed, along with information about the RMRP and about contacting 2-1-1 Virginia for other rental assistance programs.

Also, during those 14 days, landlords will have to apply for taxpayer money to cover tenants’ back rent, through the state’s Rent and Mortgage Relief Program (RMRP)—unless the tenant tells the landlord that the tenant is applying to the RMRP. No eviction is permitted unless the RMRP denies the application because of non-cooperation by the tenant, because the tenant is ineligible for rent relief, because the RMRP has run out of money, or unless the RMRP does not approve the application within 45 days after submission. 

Landlords owning five or more rentals must follow an extra step before evicting for unpaid rent, and they must offer a payment plan without late fees. However, those landlords may obtain an eviction if the tenant refuses to enter into a payment plan or misses and agreed-on payment. The landlord only has to enter into a payment plan one time per lease period. The tenant must give the landlord a signed statement of lost income and/or increased expenses due to COVID-19.

The RMRP will be greatly aided by the federal emergency COVID-19 relief legislation signed into law on Dec. 27, 2020. It provides $25 billion in emergency rental assistance nationwide—of which Virginia is to receive and estimated $568 million. At least 90% of those funds must be used to provide financial assistance, including for rent, utility payments, and other housing expenses. Priority must be given to low-income people and people who have been unemployed for at least 90 days.The law also extends the deadline for use of federal CARES Act funds from December 30, 2020 to December 31, 2021.

For further information on the new federal relief legislation, you may click on HOUSING PROVISIONS OF DECEMBER 2020 FEDERAL RELIEF PACKAGE, posted by the National Low-Income Housing Coalition (NLIHC). In addition to the federal funding, $12.5 million in state housing relief funding was included in the revised, biennial Virginia budget enacted in November as a result of the General Assembly’s Special Session.

There was a short-term Virginia eviction moratorium resulting from the General Assembly's Special Session. That moratorium was in effect from mid-November (when Governor Ralph Northam signed the final version) to the end of 2020. The urgency of that moratorium was reduced by the issuance of the federal eviction moratorium, which took effect on September 4. The General Assembly did not curtail the Governor’s ability to order an eviction moratorium without legislative action, if conditions warrant it. Virginia’s Attorney General has concluded that the Governor has that authority, although Governor Northam never has issued such a moratorium. 

For more on EHI’s letters to the General Assembly urging enactment of stronger protections for tenants and landlords during the Special Session, please click on EHI URGES VIRGINIA GENERAL ASSEMBLY TO INCREASE EVICTION PROTECTIONS.

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.

Equitable Housing Institute
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Vienna, VA 22183

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EHI does not provide professional legal advice.