On August 26, the Supreme Court rejected the most recent eviction moratorium issued by the US Centers for Disease Control and Prevention (CDC). The ruling stated that the CDC exceeded its authority in issuing the moratorium, and that any future federal moratorium on evictions must be authorized by Congress.
Whether Congress will take action to protect vulnerable tenants during the ongoing public health emergency remains to be seen. However, Virginia’s tenants, landlords and housing advocates should bear in mind that keeping residents housed remains a critical priority in the public interest, and the CDC moratorium – while an important tool – was not the only line of defense against a wave of pandemic-related housing instability.
- Eviction prevention is a public health issue. The CDC moratorium was supported by research demonstrating the link between eviction and the spread of COVID-19. It is not surprising that the dissenting justices in the Supreme Court ruling noted the decision will “impact the health of millions” and that “the public interest is not favored by the spread of disease.” More surprising is that the majority opinion also stated: “It is indisputable that the public has a strong interest in combating the spread of the COVID-19 Delta variant. But our system does not permit agencies to act unlawfully even in pursuit of desirable ends.” The justices did not agree on the means used to prevent evictions, but agreed preventing evictions is in the public interest. It is this fact, backed by scientific evidence, that should guide us moving forward.
- Rental assistance is available. The federal government allocated nearly $50 billion for the emergency rental assistance (ERA) program, which is being administered by states and localities across the US. These funds remain the best line of defense for residents facing eviction, and the most likely opportunity for landlords to be made whole. New guidance released by the US Department of the Treasury earlier this week aims to expedite disbursement of these funds. Among the changes:
- Tenants may now use self-attestation to document all aspects of eligibility, including household income
- Landlords and utility providers can receive bulk payments based on estimated arrearages in anticipation of satisfying application requirements
- States and localities can reimburse non-profits who advance financial assistance to tenants while their applications are processed
For more information on Virginia’s Rent Relief Program (RRP) and the locally-run Fairfax County rental assistance program, including how to apply, see our Northern Virginia Eviction Prevention & Housing Stability Toolkit and Tenant Supplement.
- There is a limited eviction moratorium in place in Virginia. The Virginia General Assembly has taken a number of actions to expand tenant protections during the COVID-19 pandemic, including extending the notice period before a landlord can file an eviction suit from 5 to 14 days, and requiring landlords who own 5 or more units to offer tenants a repayment plan with no late fees before filing suit. Most recently, the General Assembly reinstated a limited moratorium on evictions for non-payment of rent that covers tenants who lost income due to the COVID-19 pandemic.Before filing to evict, landlords must notify tenants about ERA funding, apply for funds on behalf of the tenant or (if the tenant already applied) fully cooperate with the application by providing a state W-9 form and other required documentation. Landlords may only file to evict a covered tenant if:
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- The tenant refuses to cooperate in applying for ERA funding
- The tenant is found ineligible for ERA funding
- The tenant is not approved within 45 days of their initial application or 14 days of a subsequent application for assistance
This rule went into effect on August 10 and will remain in place through June 30, 2022. For more information on this and other tenant protections see this flyer from Legal Services of Northern Virginia.
In Northern Virginia, the pandemic has led to unprecedented collaboration between advocates, attorneys, tenants, landlords and property owners, human service providers and representatives of local and state government agencies – all of whom recognize it is in our shared interest to keep tenants stably housed. While we await additional federal action, we will continue to work with our partners both regionally and statewide to promote access to rental assistance and increase awareness of legal protections for Virginia’s most vulnerable residents.