Photo provided courtesy of Unsplash.com
By Sarah Thomas, Staff Writer
In the wake of the coronavirus pandemic, elected officials are grasping for solutions to stave-off a mass wave of evictions. [1] Mandated business closures have left many Americans without a paycheck [2] , causing renters and homeowners to struggle to make payments. [3] A surge in evictions will likely have a domino effect. Even before COVID-19, families experiencing a housing crisis tended to face additional health risks [4] and struggle to obtain both future employment and housing. [5] A surge in evictions on a national level could harm the housing market and further damage the economy. [6] To prevent a mass wave of evictions, elected officials are relying on a temporary solution—the eviction moratorium. [7]
Generally, eviction moratoriums prohibit landlords from filing an eviction against a tenant for non-payment of rent. [8] Protections and eligibility requirements vary under federal, state, and local moratoriums. [9] These protective measures can “buy time” for renters, as elected officials race to create a more robust rental assistance infrastructure. However, the staggered expiration dates and specific eligibility requirements are making it hard for renters and stakeholders to keep up.
Pennsylvania’s current eviction moratorium is effective until August 31, 2020. Under Governor Wolf’s executive order, landlords may not file an eviction for non-payment of rent. Evictions for reasons besides non-payment of rent may proceed, however. [10] Examples of other reasons for eviction include property damage or a lease violation. [11] Governor Wolf’s executive order also halts foreclosures until August 31, 2020. A challenge to the statewide order was dismissed by the Pennsylvania Supreme Court on July 30, 2020. [12]
As federal and state moratoriums expire, cities may be left to fill-in the gaps. In Philadelphia, elected officials have extended the city’s eviction moratorium until March 2021. [13] Renters may also be eligible for protections under Philadelphia’s Emergency Housing Protection Act (EHPA), passed in July 2020. [14] Under EHPA, landlords may be forced to enter repayment plans with eligible residential tenants. The EHPA provides additional protections, including a mandatory eviction diversion program and eviction relief for residential tenants and small business owners. [15]
Tenants may also recover damages for self-help evictions under EHPA. The EHPA caps punitive damages for self-help eviction measures at $2,000 per violation. [16] Self-help evictions occur when a landlord attempts to evict a tenant from a property using illegal methods. Common self-help eviction methods include removing a tenant’s door or changing the rental property’s locks. [17] Almost half of Philadelphia residents now rent, representing a 40.7% increase since 2000. [18]
As the deadline for Pennsylvania’s eviction moratorium approaches, state officials are searching for other solutions to prevent a surge in evictions. In July 2020, the Pennsylvania Housing Financing Agency launched a $150 million rental assistance program. [19] The need for a robust rental assistance program is substantial: nearly one in five Pennsylvania adults experienced housing insecurity during the last week of June. The U.S. Census Bureau defined “housing insecurity” as missing the last month’s rent or mortgage payment or having little confidence in paying the next month’s on time. [20]
As the coronavirus pandemic continues, so too do efforts of elected officials, advocates, and stakeholders to identify additional solutions to prevent a mass wave of evictions.
[1] https://www.npr.org/sections/coronavirus-live-updates/2020/07/21/893406577/as-protections-expire-millions-of-americans-face-threats-of-eviction
[2] https://www.wsj.com/articles/how-many-u-s-workers-have-lost-jobs-during-coronavirus-pandemic-there-are-several-ways-to-count-11591176601
[3] https://www.nbcdfw.com/news/local/tidal-wave-of-evictions-feared-as-extra-600-unemployment-benefits-end/2412870/
[4] https://www.bu.edu/sph/2018/10/05/the-hidden-health-crisis-of-eviction/
[5] https://evictionlab.org/why-eviction-matters/#what-is-the-eviction-process
[6] https://www.cnbc.com/2020/07/31/economist-a-surge-in-evictions-could-lead-to-financial-crisis.html
[7] https://www.nolo.com/legal-encyclopedia/emergency-bans-on-evictions-and-other-tenant-protections-related-to-coronavirus.html
[8] https://www.nhlp.org/wp-content/uploads/2020.03.27-NHLP-CARES-Act-Eviction-Moratorium-Summary.pdf
[9] https://www.nolo.com/legal-encyclopedia/emergency-bans-on-evictions-and-other-tenant-protections-related-to-coronavirus.html
[10] https://evictionlab.org/covid-policy-scorecard/pa/
[11] https://www.landlordology.com/5-legal-reasons-for-eviction/
[12] https://www.nbcphiladelphia.com/news/coronavirus/pennsylvania-supreme-court-tosses-challenge-to-eviction-ban/2487749/
[13] https://www.phillyvoice.com/philadelphia-housing-authority-eviction-moratorium-extended-march-2021-renters-rent/
[14] https://www.law.com/thelegalintelligencer/2020/07/10/emergency-housing-protection-act-gives-renters-relief-in-covid-era/
[15] https://www.jdsupra.com/legalnews/city-of-philadelphia-enacts-emergency-90695/
[16] https://phila.legistar.com/LegislationDetail.aspx?ID=4432790&GUID=897F225C-8816-44F0-AC99-8FFCEBC21549&Options=ID|Text|&Search=200304
[17] https://www.ri.gov/press/view/38095
[18] https://phila.legistar.com/LegislationDetail.aspx?ID=4432790&GUID=897F225C-8816-44F0-AC99-8FFCEBC21549&Options=ID|Text|&Search=200304
[19] https://www.mcall.com/news/pennsylvania/mc-nws-pa-eviction-moratorium-end-homelessness-coronavirus-what-next-20200710-6upfybfdybcwxkvw4emeeow6oe-story.html
[20] https://www.mcall.com/news/pennsylvania/mc-nws-pa-eviction-moratorium-end-homelessness-coronavirus-what-next-20200710-6upfybfdybcwxkvw4emeeow6oe-story.html
