Eviction moratoriums brought on by the COVID-19 pandemic hang in the balance, leaving many tenants unsure of where they stand.
An eviction moratorium issued by the Centers for Disease Control expired July 31, effectively reopening eviction courts across the country. At that time, about 3.6 million people in the U.S. were facing evictions and the moratorium’s expiration faced significant backlash.
Days later, the CDC, under the guidance of the White House, issued a new eviction moratorium set to expire on Oct. 3. The new eviction moratorium blocks evictions in areas with “substantial and high levels” of COVID-19 cases. According to the Associated Press, that covers areas where about 90 percent of the U.S. population lives.
The latest eviction moratorium is now facing backlash from landlords, with a federal lawsuit being filed by the Alabama and Georgia Association of Realtors.
According to the Associated Press, Biden said the moratorium, even if it gets challenged in court, will give state and local governments more time to distribute aid funding, which has thus far been slow to trickle down to tenants.
As of Thursday, Aug. 5, Alamance County is one of the protected counties where COVID-19 transmission is significant enough to receive eviction protection, according to Michael Manset, a staff attorney with Legal Aid of North Carolina. Tenants do need to take some action, however, to be protected, including filling out an eviction protection declaration form.
“Evictions in North Carolina are still proceeding. However, for individuals who live in counties that are experiencing a substantial or high rate of community transmission of COVID-19 and are being evicted solely for non-payment of rent, there is a moratorium in place,” he explained.
What should tenants be doing if they’re facing an eviction after the moratoriums expire?
For tenants who fear they may be evicted when this latest moratorium expires, Manset recommends applying for North Carolina’s HOPE program, which can help pay up to nine months of back rent and up to three months of future rent for tenants struggling during the pandemic.
“The Housing Opportunities and Prevention of Evictions Program (HOPE) provides rent and utility assistance to low-income renters that are experiencing financial hardship due to the economic impacts of COVID-19. The program helps prevent evictions and utility disconnections to promote housing stability during the ongoing COVID-19 pandemic,” the state said.
Utility assistance payments are currently available to applicants who qualify for rent assistance. As of early August, utility-only applications are not being accepted, the state said.
What should they do if they have already been served an eviction notice?
If tenants were served with eviction papers in the days between moratoriums, Manset said the tenant’s options depend on where they are in the eviction process.
“Let’s say they actually had a hearing and a judgment entered against them in small claims court. They may want to consider appealing and use that moratorium as a basis for the appeal,” he said.
Tenants should still provide their landlord with the COVID eviction protection declaration form available from the CDC if they plan to appeal, Manset added.
“If they’ve only been served papers but haven’t actually had a court date yet, they should still go and just give the declaration to their landlord. … What will likely happen is when they actually go to the hearing date, the magistrate will move their hearing to a date, presumably after Oct. 3, when the moratorium expires,” he explained.
What kind of assistance can Legal Aid of NC offer and how do tenants connect with you?
Tenants seeking legal assistance from Legal Aid should apply online or by calling the Legal Aid helpline. Manset said potential clients will be assisted by attorneys in the intake unit who ensure they are eligible for assistance and provide basic information to the tenant.
If clients need more detailed advice or legal representation, they will be directed to a local office.
Alamance County residents will be directed to the Pittsboro office, which serves Alamance, Anson, Chatham, Lee, Moore, Orange and Richmond counties.
“I think it’s clear that eviction, even outside of the context of a pandemic, is extremely disruptive to the life of the person being evicted as well as their family members,” Manset said. “Not only do they lose their home, but it also makes it extremely difficult to find housing in the future, especially when … you’re at the level of income that many of our clients have.
“The pandemic just kind of adds quite a bit more stress to that because a lot of our clients, you know, like everyone else, they want to avoid getting sick. So that means that if they have to move in with family or friends or move into a shelter, or what have you, they are going to both be more likely to expose people to COVID-19 and be more likely to be exposed to COVID-19 themselves.”
To seek assistance from Legal Aid of NC, call 1-866-219-5262 or apply online at legalaidnc.org/apply.
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Elizabeth Pattman is the trending topics reporter for the Times-News in Burlington, covering business, COVID-19 and all things trending. Contact Elizabeth (she/her) at epattman@gannett.com. I'm also available on social media @EPattmanTN on Twitter or @burlingtontimesnews on Instagram.
This article originally appeared on Times-News: Evictions in Alamance County are currently suspended. Here's what to do if you are at risk or already facing an eviction.
