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NHLP Releases Survey Showing Impact of the End of Eviction Moratorium

Rising eviction cases, more illegal evictions and lockouts, and judges ignoring or inconsistently applying federal and state law are some of the problems a new survey identifies since the end of the federal eviction moratorium.

The survey, from the National Housing Law Project (NHLP), shows that courts and landlords continue to evict tenants despite receiving rental assistance funds and legal protections for tenants.

The findings show that 66 percent of respondents—consisting of legal aid and civil rights attorneys in 41 states, the District of Columbia, and Puerto Rico—reported increasing eviction cases, and 40 percent reported rising cases of landlords lying in court to evict tenants. Approximately 86 percent of respondents reported landlords collecting rental assistance but proceeding with evictions or simply refusing to apply for funds.

NHLP lays out several recommendations, including:

  • Reform landlord–tenant law to provide basic due process to tenants.
  • Expand tenant access to justice by enacting right to counsel laws.
  • Fix rental assistance programs by requiring lease renewals, non-eviction pledges, and stays on cases until funds are disbursed.
  • Create eviction diversion programs focused on housing stability for tenants.
  • Invest in federal and other affordable housing through the Build Back Better Act.

For more information, visit https://www.nhlp.org/covid/survey.

Study Finds Landlords Are More Hesitant to Participate in ERA Programs

Emergency Rental Assistance (ERA) programs face a lack of participation by landlords and tenants, according to a new study from the National Low Income Housing Coalition, The Housing Initiative at Penn, and NYU Furman Center, with greater refusal and unresponsiveness from landlords than from tenants.

The team conducted the survey of 247 ERA program administrators between September 9 and September 15. Findings from the survey included:

  • Tenant rarely refused to participate in ERA programs. Most (49 percent) ERA programs have never experienced tenants refusing to participate in ERA programs and 90 percent of programs never, very rarely, or rarely experience tenants refusing to participate
  • Program administrators indicated they experience greater refusal and unresponsiveness from landlords than from tenants.
  • Reasons program administrators give for tenants not participating include challenges with tenant engagement and the application process.
  • Reasons program administrators give for landlords refusing or not responding include landlords not wanting to share their W-9s and wanting to retain the ability to evict tenants for other reasons.

More information can be found here and here.