THE JUDICIAL CONNECTION TO HOUSING

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WASHINGTON, D.C.  – The impact of judicial nominees can be traced back to the founding of this nation. Today that impact was felt in a painful way when Texas federal judge John Barker ruled that the current CDC moratorium exceeded the authority of the constitution. The Centers for Disease Control (CDC) issued order 361 of the public health act to temporarily halt evictions back on September 4, 2020. This guidance shielded some tenants from eviction due to the current coronavirus pandemic. This order was also issued to help prevent spread of the coronavirus. 

The state of Texas, which ranks at the top in carrying out evictions, is helping perpetuate homelessness. The state is living up to their slogan “everything is bigger in Texas”. According to the Eviction Lab, there have been 2,668 evictions carried out in the United States just in the last seven days. The state of Texas ranks at the top when it comes to executing evictions. Since March of last year, cities in Texas evicted people at an alarming rate. Austin executed 877 evictions, Fort Worth 12,353 evictions, and Houston executed 24,355 evictions. Bigger does not always equate to better.

The National Coalition for the Homeless supports adhering to eviction moratoria, and preventing housing displacement due to the pandemic economic downturn. As the top public health agency of the federal government, the CDC issued an order meant to protect the health and safety of everyone. By allowing evictions to proceed, city and state governments are ignoring the purpose of the CDC’s moratorium and guidance on quarantine and social distance. Housing is a human right.  It says so in our declaration of independence; life, liberty and the pursuit of happiness. Public servants including the executive, legislative, and judicial branches of government are supposed to execute that, not evictions. 

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by Kelvin Lassiter

Evictions are more complicated than just the actual meaning. At its root cause, we may be able to list job loss, medical issues, and loss of spouse/domestic violence as examples that are at the surface. It’s bigger than someone failing to fulfill their obligation in exchange for not being on the street.

Estimated numbers of people at risk of eviction are staggering; 30 to 40 million in the next several months are at risk for becoming housing insecure according to the Aspen Institute. 

There are 3 things currently standing in the way of mass displacement due to eviction:

  • CDC moratorium
  • Local moratorium
  • Legal Aid and rental assistance 

On September 2, 2020, The Center for Disease Control Director Dr. Robert Redfield signed a declaration determining that the evictions of tenants could be detrimental to public health. This action was instrumental since the CARES Act moratorium expired in late July.

Some city and state governments issued eviction prevention moratoriums at the beginning of the public health emergency which have since expired.

Three main reasons why tenants are still being evicted from their homes:

  • Landlord intimidation of tenants
  • Tenants not aware of their rights as renters
  • Lack of legal representation in court 

Landlords have taken measures into their own hands during this public health crisis. While they depend on payments for survival, boarding up doors, shutting of utilities, and filing for eviction with the courts does not make a tenant speed up their ability to pay rent. The fine print on a lease may become a challenge to understand and it’s a tool used by management companies to evict.

What can be done to protect the American People?

A fifth coronavirus package to protect the American people, extending the CDC moratorium beyond December is pivotal in blocking the wave of evictions. An executive order by local, and state governments can potentially protect certain groups of Americans from evictions such as the elderly, and domestic violence survivors.

There are benefits for families to stay in their homes. Kids are able to focus in school and decrease the chance of suffering from lack of rest and food insecurity. Prevention of long term mental instability is also a plus.

Should we have hope in that a piece meal approach that has slowed down what’s inevitable? Or will people remain hopeless in the lack of assistance to help Americans sustain their quality of life?

Make no mistake, the United States will face a housing crisis not seen since the great depression regarding housing insecurity. Most moratoriums put in place at the beginning of the pandemic have expired causing massive amounts of eviction filings by landlords.

What will happen if the CDC moratorium on evictions is not extended past December 2020? The jury is still out on that answer, however, the American people must have a say, and challenge our elected officials to do what they were elected to do, legislate. 

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