LANDLORDS ARE EXPLOITING LOOPHOLES
Authored by:
- Terri Wright is a housing justice organizer of the Tenant and Homeowner Association at Dare “Direct Action for Rights and Equality”
- Jennifer Wood is the Executive Director of the R.I. Center for Justice
The Centers for Disease Control (CDC) extended the federal moratorium on evictions of tenants for nonpayment of rent to June 30, 2021. But this is not the whole story. COVID cases are still high, and not every renter is covered by this moratorium. It only covers nonpayment cases, so landlords have found loopholes by claiming alternate reasons for eviction or simply not renewing leases.
According to the Associated Press, there were days in December where Rhode Island was not just one of the worst places for COVID in the nation, but one of the worst globally. Hospitals hit capacity, making it extremely difficult to keep folks safe.
The CDC moratorium directly links health and home. Housing is not just crucial for preventing the spread of COVID. We need stable homes for economic recovery from the record high unemployment rates and number of business closures. Which is why the added Consumer Financial Protection Bureau (CFPB) protections are welcomed. Now landlords must notify tenants that they are protected by the moratorium or risk unfair trade practices consequences.
We are still living in difficult times. The COVID positive rate is about double what it was under stay at home restrictions in April and May 2020. In addition to financial devastation and danger to individual and community health, moving people from their homes risks wider disease spread and higher death rates.
Evictions disproportionately target families, according to a 2013 study conducted by Matthew Desmond, author of “Evicted.” Households with children are 17% more likely to receive an eviction judgement than households without. A 1% increase in the percentage of children generally increases that neighborhood’s eviction rate by 6.5 percent. Evictions also disproportionately impact Black Americans. According to the ACLU, Black renters have evictions filed against them by landlords at nearly twice the rate of white renters.
In January 2020, there were 108 people experiencing homelessness outside. Due to Covid-19, Rhode Island reduced shelter density, losing 146 shelter beds. As of March, 205 people are staying outside and 252 in state-provided hotel beds. There are often zero shelter beds available particularly for families with children. Anyone evicted risks exposure to Covid-19 and other environmental dangers associated with being homeless.
With new federal funds, a new housing assistance program, Rent Relief RI, is launching. It will connect landlords and tenants to rental assistance for tenants impacted by COVID-19. Like recent state emergency rental assistance programs, which distributed a total of $12.1 million in funds, Rent Relief RI will pay landlords directly, covering the expenses for their properties. This level of assistance protects landlords from foreclosure when tenants lose income due to COVID-19. Tenants in turn have stability to remain in their homes while they get back on their feet.
Many businesses have been forced to close. Thousands of Rhode Islanders lost their jobs. The moratorium and Rent Relief RI are tools to bridge the gap from this immediate public health crisis to long-term housing stability. According to HousingWorks’ 2020 Factbook, based on two-bedroom apartments, no municipality is affordable to households earning the state’s median renter income of $34,255. This stems from a lack of investment. Rhode Island is the only state in New England without sustained state funding for the development of affordable homes. Our state invests one fifth what Massachusetts does in affordable housing, according to the 2020 RI Kids Count Factbook.
Given the severe lack of affordable housing that predates the pandemic and the exacerbations of the dual health and economic crises of 2020 and 2021, landlords and tenants need time to gain access to rental assistance and to build back their physical and economic health. State moratorium protections can make this a reality. The newly launched rental assistance program “Rent Relief RI “ can be a powerful cure for what ails Rhode Island landlords and tenants, but only when coupled with a state eviction moratorium that fills the gaps in the federal protection. Housing advocates warn that displacement during a declared state of emergency due to eviction is not only inhumane, but a traumatic experience and a barrier to renters obtaining housing in the future as eviction records are not sealed and pose a grave risk of being overlooked at the landlords discretion.
