Legislative Update

THE END OF THE EVICTION MORATORIUM

And other city and state updates.

Legislative Update By CHRISTY RODRIGUEZ, HAA Legislative Chair, with ANDY TEAS, CAE, Vice President of Public Affairs

IN LATE AUGUST, the United States Supreme Court finally found that the Centers for Disease Control and Prevention’s eviction moratorium rule was unconstitutional. The Supreme Court noted that the agency’s rule relied on a “decades-old statute that authorizes it to implement measures like fumigation and pest extermination. It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.”

The past 18 months have been a challenge for the apartment industry, and the challenges are by no means over. Some good news is that our area has been home to the most successful local rental assistance programs in the nation. The Houston-Harris County Program administered by BakerRipley has distributed nearly $200 million in rental assistance directly to landlords, and – after a rough start – the Texas Rent Relief program has distributed nearly $750 million at press time.

This has kept renters in their units, it has helped Houston Apartment Association members and other apartment owners pay their bills as the economy realigns from the pandemic and adjusts to the ongoing challenges of the delta variant.

Harris County Civil Court-At-Law

In August, Harris County Civil Court-At-Law Judge George Barnstone resigned. To fill the position, county commissioners have appointed Judge Audrie Lawton-Evans, a local attorney with an impressive background in the Civil Litigation Division of the Texas Attorney General’s office and a local law practice.

The apartment industry in Harris County pays a lot of attention to our four civil courtat-law judges. Any eviction case appealed from a justice court ends up there, often after an appeal has delayed the eviction process by weeks or months. Having judges who will follow the law, rule fairly and move dockets quickly is essential to the housing business.

As the newly appointed judge in Harris County Civil Court-At-Law 1, Lawton-Evans will join her colleagues running for re-election next year: Jim Kovach in Court 2, La Shawn Williams in Court 3 and Lesley Briones in Court 4. Party primary races will be held at some point, probably in late Spring, depending on the resolution of redistricting by the legislature and the courts. If re-nominated by their party, each will run in the general election in November.

Overnight Truck Parking

Authored by State Representatives Gary Gates (R-Rosenberg) and Mike Scholfield (RKaty), a new law passed by the state legislature earlier this year provides for the owner or manager of an apartment property in unincorporated Harris County to request that the county post signs prohibiting the parking of commercial vehicles on the street next to the property between 10 p.m. and 6 a.m. This is an occasional problem in certain areas, such as tractor trailer rigs using the street in front of apartment communities for overnight parking.

The law took effect last month, and the county has clarified that such requests should be routed through your county commissioner’s office. There’s a “service request” form that’s different for each precinct. If this is an issue at your community, email the government affairs staff at govaffairs@haaonline.org – they can help get you to the right place.

Sole Provider Trash Contracts

Some cities in the Houston area have found an interesting way to earn revenue from the collection of your property’s trash by private companies. Cities like Pasadena, Pearland, Tomball, Fulshear and Seabrook have ordinances requiring all commercial trash to be collected by a single company which they designate. In exchange for exclusive rights, the company pays a fee to the city.

Sometimes, properties in these cities end up paying rates that are higher, sometimes substantially higher, than in cities that allow competition.

If you have a property in a city that engages in this practice, we want to hear from you. Email govaffairs@haaonline.org and let us know how your trash costs differ from your costs in cities that allow the open market to set prices.

November Election

Don’t forget to vote in the November 2 election. Elsewhere in this issue, we cover the state constitutional amendment election as well as races in many local school districts and for the Houston Committee College Board of Trustees. You will also be getting an invitation to participate in the HAA Political Action Committee for 2022. We would love to have you as part of our effort to help support candidates who support the apartment industry!

The Houston Apartment Association Political Action Committee is the PAC of the Houston Apartment Association, a non-profit trade association representing the area apartment industry. Without political capital, our industry would not be as successful in representing you or your clients’ interests, and thus, your financial well-being. The HAAPAC participates in local and state political campaigns, helping candidates who support the apartment industry and its supplier businesses. You can participate in the HAAPAC on several levels. For more on HAAPAC, visit www.haaonline.org/haapac