Rental Assistance Silver Linings

An overview of rental assistance programs amid the various eviction moratoriums.

By LAUREN TURNER, CAE, CMP, HAA Staff

As of press time, the Supreme Court of the United States ruled the Centers for Disease Control and Prevention did not have the authority to impose the eviction moratorium. While it is unclear at this point what will happen next, it has been a long and bumpy road for the apartment industry with various eviction moratorium orders and extensions.

How did we get here? Let’s look back. Here is a brief timeline:

The Texas Supreme Court issued its first order on March 19 that directly impacted the eviction process.

No trial, hearing or other proceeding could have been conducted and all deadlines were tolled until April 19, 2020. This was then extended to May 19, 2020.

A writ of possession may have been issued, but the posting of the written warning required by the rules and the execution of the writ couldn’t have occurred until after April 26, 2020. This was extended through May 26, 2020.

The Federal CARES Act Eviction Moratorium began on March 27 and ended on July 24 (120 days).

Applying only to covered properties and residents. The owner of covered dwelling could not make, or cause to be made, any filing with the court of jurisdiction to initiate a legal action to recover possession of the covered dwelling from the resident for nonpayment of rent or other fees or charges; or charge fees, penalties or other charges to the resident related to such nonpayment of rent.

The Center for Disease Control (CDC) issued its eviction moratorium on Sept. 4, 2020.

Initially put in place to temporarily halt residential evictions to prevent the further spread of COVID-19, this order was extended five times.

It was first legislatively extended through January 31, and again extended by the CDC through March 31. On March 29, the CDC further extended the moratorium until June 30. Then, again, it was extended through July 31.

The most recent extension was dated Aug. 3 through Oct. 3. On Aug. 26, the Supreme Court of the United States ruled the CDC exceeded its authority in its latest eviction moratorium, which pertained to counties with a “substantial” or “high” level of COVID-19 transmission.

Rental Assistance

Rental assistance has been crucial for both apartment owners and renters accruing insurmountable debt to stay afloat amid eviction moratoriums. HAA understands rental assistance is a much better option for both housing providers and renters. While eviction moratoriums have been in place, rental assistance has been and continues to be available for any resident who needs help.

Below is a list of current programs, as of press time, in HAA’s service area. For a full list of available programs around the country visit the “Rental Assistance Finder” tool that was created by the Consumer Financial Protection Bureau to help renters and housing providers find what program(s) are in their area.1

• The Texas Rent Relief Program

After a slow start, the state of Texas program has distributed over $786 million statewide. Check out the daily dashboard total here: https://texasrentrelief.com. Both properties and residents can use the TRR website to create an account and submit their applications.

• Houston-Harris County Emergency Rental Assistance Program

The Houston-Harris County program has been extremely successful. It has provided over $204 million in rental assistance, helping about 49,923 families. Visit https://www.houstonharrishelp.org/ for more information or to sign up today.

• Local Eviction Intervention

The Houston-Harris program is also funding an eviction intervention program through The Alliance, a local non-profit. Properties who have filed an eviction can quickly receive up to six months of rent for stopping the eviction and can then move the resident to the Houston-Harris County program to get additional past due rent.2

• Brazoria County Emergency Rental Assistance Program

Brazoria County has launched its own rental assistance program that assists with past due rent, future rent, past due utility payments and future utility payments. Visit their website to learn more and sign up today.3

• Fort Bend County Emergency Rental Assistance (ERA) Program

The Fort Bend ERA program will provide rent and/or utility assistance for up to 12 months or until funds are exhausted. Payments will be made to the landlord for eligible renters.4

The information in this article is accurate as of press time. HAA will continue to monitor the status of evictions and rental assistance. HAA members will be kept apprised of any relevant updates and/or changes.

1 Consumer Financial Protection Bureau: https://www.consumerfinance.gov/coronavirus/mortgage-and-housing-assistance/renter-protections/find-help-with-rent-and-utilities/

2 Local eviction intervention: https://houstonharrishelp.org/eviction-intervention/

3 Brazoria County Emergency Rental Assistance Program: https://www.brazoriacountytx.gov/departments/emergency-rental-assistance-program 4 Fort Bend County ERA Program: https://fortbend-era.powerappsportals.us/vendor/