Advocates urge use of rent aid in moratorium
Ban applies to counties hit hardest by COVID-19
The new CDC order halting evictions is expected to apply to roughly two-thirds of Wisconsin counties, including Milwaukee County and many others in the southeastern corner of the state.
Amid rising coronavirus cases largely attributed to low vaccination rates and the rise of the delta variant, the Biden administration announced the new order Tuesday, days after an earlier, broader eviction ban expired.
The turnabout has sparked relief from housing advocates, but also confusion about how it will be implemented and how long the moratorium will last, if it is challenged in court.
According to the CDC, the moratorium will prohibit rent-related evictions in counties with “substantial” or “high” levels of community coronavirus transmission, a move aimed at ensuring the spread of the new variant is not “exacerbated by mass evictions.”
The number of tenants covered under the new order is not clear and is subject to change, since case numbers in counties fluctuate. In addition to living in a county of heightened transmission rates, tenants covered under this new moratorium must have:
• Attempted to use all forms of governmental rental assistance and tried to make partial payments, if possible.
• Earned less than $99,000 or have received an economic impact payment.
• Experienced substantial loss of income or hours and/or experienced significant out-of-pocket medical expenses.
• The expectation they will be rendered homeless or forced into shared or congregate living by an eviction.
The CDC has identified Calumet, Kenosha, Milwaukee, Ozaukee, Racine, Rock, Sheboygan, Washington and Waukesha counties as areas of high community transmission. In northern Wisconsin, the counties of Chippewa, Eau Claire, Iron, Oconto and Pepin are also labeled as having high community transmission.
Counties with “substantial” community transmission rates include Adams, Ashland, Barron, Bayfield, Brown, Buffalo, Burnett, Columbia, Clark, Dane, Dodge, Dunn, Fond du Lac, Jefferson, La Crosse, Lincoln, Marathon, Marinette, Marquette, Menominee, Outagamie, Portage, Price, Richland, Rusk, Sauk, Trempealeau, Vernon, Vilas, Walworth, Washburn, Waupaca, Winnebago and Wood.
New order to last until Oct. 3
The previous eviction moratorium expired July 31.
Carmen Ayers, a housing law coordinator and staff attorney at Legal Action of Wisconsin, said that although tenants could argue for continued coverage under the previous moratorium, she and other attorneys are encouraging tenants to sign and submit a new
declaration to avoid any confusion.
“I would err on the side of safety and just fill out a new declaration,” she said. “The second that individuals fill out and sign that declaration and say it applies in their circumstances, the court has to evaluate it.”
Ayers also said the new moratorium, which went into effect Tuesday, will only prevent tenants from being evicted for nonpayment of rent and does not provide blanket protection.
One big question mark, Ayers said, is how the courts will determine intervals at which to evaluate the counties in question, given their transmission levels will change over time.
“Because we haven’t had any court interactions since this went into effect, we don’t know what the range for the length of time is (on transmission rates),” she said Wednesday. “Today would have been the first day courts made a decision on how they’re going to interpret the new order.”
Ayers said landlords with tenants covered by the previous declaration should still hold off on filing any evictions and instead work with tenants to access the funds available for rent assistance.
Housing and landlord advocates urge use of rental assistance despite moratorium
Nicole Angresano is vice president of community impact at United Way and co-chair of the MKE Civic Response Team’s housing and shelter committee.
She said the surge in coronavirus numbers is bad news, and news of the new moratorium offers a way to prevent it from worsening. “People are still at significant risk if they’re displaced from their homes or don’t have a safe and stable home,” she said.
Angresano noted that getting the information out in easy-to-understand ways and multiple languages will be important and so will reminding people that the moratoriums are only temporary.
“These are moratoriums, not forgiveness,” she said. “What we in the social services community remain aware of is that at some point, these rent payments are going to come due. It’s not like folks who are struggling to pay their rent are sitting on eight months of rent they can pay at the end of the moratorium.”
With rental assistance resources still available through the Social Development Commission and Community Advocates, advocates on both sides of the equation are urging tenants and landlords to work together to access those relief funds.
Heiner Giese, an attorney with the Apartment Association of Southeastern Wisconsin, is not thrilled about the new moratorium. He said he knows many landlords who are having difficulty getting tenants to apply for rental assistance.
“I talked to a landlord yesterday who has a tenant who hasn’t paid since June of last year. They simply filed a CDC declaration, won’t cooperate and won’t give their information to Community Advocates,” he said. “The landlord said he was finally looking forward to finally getting this tenant out and now he’ll have to wait two more months before being able to do that.”
Giese also said he believes the extended moratorium will make the affordable housing crisis worse because it will reduce the number of vacancies available. He also said he believes it will quickly be challenged and could be struck down by the U.S. Supreme Court.
While it is in effect, he said, the association is encouraging landlords to avoid eviction if there are other means of recuperating money that is owed. “We’re pushing for the use of the Rental Housing Resource Center and we’re pushing for mediation,” he said.
According to the order, tenants who have refused to utilize rental assistance will not be protected from eviction. Still, Angresano said, it’s important to discourage landlords from wanting to file rent-related evictions altogether.
“Let’s figure out if there is a way to solve these problems without involving the courts that preserves the dignity of the tenant and the financial stake of the landlord,” she said.