Welcome to the Equitable Housing Institute 

“Housing is a necessary of life.”
United States Supreme Court
Block v. Hirsch, 256 U.S. 135, 156 (1921)
(per Justice Oliver Wendell Holmes, Jr.)

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 Featured Articles

 

CDC issues order halting evictions for nonpayment of rent, covering most tenants nationwide, through end of 2020

 The Centers for Disease Control and Prevention (CDC) has issued a moratorium effective September 4, 2020, that bars eviction of most housing tenants, lessees, and residents throughout the United States, through the end of the year, where the eviction is based on nonpayment of rent.

Tenants who seek the protection of that moratorium must provide a copy of a written declaration to the landlord or other person who has a legal right to have the tenant evicted or removed. Each adult listed on the lease, rental agreement, or housing contract should sign a declaration affirming, under penalty of perjury, that the signer:

  • Has used best efforts to obtain all available government assistance for rent or housing;
  • Expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), OR was not required to report any income in 2019 to the U.S. Internal Revenue Service, OR received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
  • Is unable to pay the full rent or full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses;
  • Is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses; and
  • If evicted, likely would become homeless, need to move into a homeless shelter, or need to move into a new residence shared by other people who live in close quarters because the signer has no other available housing options.

In the declaration, the signer also must acknowledge that the other obligations of the tenancy, lease agreement, or other housing contract are not affected by the CDC moratorium—including responsibility to make the rent or housing payments and pay late fees and other charges that accrue.

The CDC’s moratorium does not apply to foreclosures on home mortgages. For information on federal protections regarding foreclosures, see, e.g., U.S. Consumer Financial Protection Bureau, Coronavirus: Mortgage and housing assistance. 

For further information about eviction protections for tenants and homeowners at the state and local levels during the pandemic, you may click on EVICTION PROTECTION INFO WEBSITES. Other relevant information is given in EHI’s article, CARES ACT EVICTION MORATORIUM LAPSES AMID RECENT SURGE IN COVID-19 CASES AND DEATHS.

 

EHI URGES VIRGINIA GENERAL ASSEMBLY TO PASS EVICTION PROTECTION LEGISLATION TO FULLY ADDRESS COVID-19 IMPACTS

UPDATE: On September 7, 2020, the limited eviction moratorium that the Virginia Supreme Court issued in August ended, after the court decided (with two dissenting votes) not to extend it. The court's basis reportedly was the new, CDC eviction moratorium that took effect that day, nationwide. That moratorium is discussed above.

The CDC moratorium has somewhat different requirements from the one proposed by Virginia’s Governor on August 14 in advance of the Virginia General Assembly Special Session that he called, and that began on August 18. For example, unlike the CDC moratorium, Governor Northam’s proposal would:

  • Pause evictions through at least the first four months of 2021;
  • Condition that pause on the landlord and tenant working together on a payment plan, and seeking out financial assistance specifically through Virginia’s statewide Rent and Mortgage Relief Program, as well as other sources; and
  • Pause utility disconnections for electric, water and natural gas utilities until 60 days after the Governor’s declared state of emergency ends.

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On August 16, 2020, EHI sent memorandums to the leadership of the Virginia General Assembly, urging enactment of eviction protection legislation at the General Assembly’s Special Session (which started on August 18). (The limited CDC moratorium falls far short of providing the degree of protection needed by tenants—and by landlords—resulting from the pandemic. Virginia is where EHI is incorporated and where its President resides.)

EHI’s memorandums document how crucial it is for Virginia (and other states) to take effective action of their own to fully protect residents from the loss of their homes due to the pandemic’s impacts. For example:

  • About 384,300 Virginians were on its unemployment rolls as of June 2020 (8.4% of Virginia’s workforce—most other states have even higher unemployment rates) 
  • Almost the same number of Virginia renter households (about 384,000) believe they are at serious risk for eviction by the end of 2020, due to nonpayment of rent 
  • Before the pandemic, Virginia had extremely high eviction rates—more than twice the national average
  • Evictions often have devastating effects on the people affected 
  • Virginia’s statutes and regulations fail to adequately protect tenants

Eviction restrictions such as those proposed by Virginia’s Governor on August 14 are appropriate and necessary, In EHI’s view. Those proposals also are consistent with restrictions imposed by many other states. Other key parts of the solution are adequate funding to increase access to affordable housing, reduce homelessness, and establish a pilot program to reduce problems that result in eviction actions.

To access EHI’s memorandums (whose content is identical), please click on EHI MEMO TO VIRGINIA SENATE re: EVICTIONS, or EHI MEMO TO HOUSE OF DELEGATES re: EVICTIONS.

Governments at all levels have broad authority to protect renters and homeowners during pandemic

The national emergency due to the Covid-19 coronavirus pandemic has led to extraordinary federal, state and local actions. Among them are unprecedented measures to prevent tenants and homeowners being evicted or suffering foreclosure due to the sudden, massive economic dislocations caused by the pandemic.

Those measures are temporary and incomplete, however. As mentioned above, however, many tens of millions of Americans predictably will be unable, for a much longer time, to afford full rent and mortgage payments and still meet other crucial needs, such as sufficient food and health care for their families.

The financial concerns of those who have lost jobs and/or other basic income sources could be reduced a great deal, if federal and state officials exercised their well-established authority to enact emergency, debtor-relief legislation. For example, legislation could permit tenants and homeowners to pay only what they are reasonably able to pay, for as long as their ability to pay is seriously impaired due to the pandemic. 

A similar result could be achieved through forgivable government loans to individual and business debtors. Also, courts may permit tenants and homeowners to pay only what they are reasonably able to pay, temporarily, while they are unable to pay the full amounts due under their leases and mortgages, due to the pandemic. Courts may do so by upholding the well-established contract defense of “Impracticability of Performance.” 

For an explanation of those issues, please click on GOVERNMENT AUTHORITY TO PROTECT RENTERS AND HOMEOWNERS DURING EMERGENCY. 

 

MORE EHI ARTICLES 

 

  •  EHI proposes legislation to ban exclusionary housing practices comprehensively. For EHI’s preliminary report on such legislation, please click on please click on TOWARD A COMPREHENSIVE BAN ON EXCLUSIONARY HOUSING PRACTICES. 

  •  EHI recommends “leveling the playing field” for victims of economically exclusionary housing practices, by authorizing courts to require reimbursement of their litigation expenses by violators. For more, please click on please click on LEVELING THE PLAYING FIELD FOR VICTIMS OF UNLAWFUL, EXCLUSIONARY HOUSING PRACTICES. 

  • EHI analyzes whether Congress has Constitutional authority to prohibit unwarranted state and local regulatory restrictions on housing supply, if those restrictions affect interstate commerce—as a number of recent studies indicate they now do. For more, please click on INTERSTATE EFFECTS OF REG. BARRIERS (2017). 

  • For EHI’s article on effective strategies to address residents' concerns about permitting new housing in their vicinity, please click on PURSUING “WIN/WIN” SOLUTIONS TO MEETING HOUSING NEEDS. 

  • EHI has summarized how exclusionary housing policies aggravate housing problems that have been linked to increased developmental problems among low-income children. Among those problems are children's health (physical, mental and emotional), safety, educational achievement, and general cognitive and behavioral development. For more, please click on CHILDREN'S DEVELOPMENT & XHPs. 

  • The U.S. Supreme Court has ruled that the federal Fair Housing Act prohibits housing practices that have a disproportionately adverse effect on members of minority groups—unless those practices have a justifiable purpose and properly limited scope. For more, please click on SUPREME COURT DISPARATE IMPACT DECISION.

  • A McKinsey Global Institute report finds that overcoming exclusionary housing policies is the most critical step in providing affordable housing—not only in the United States, but around the world. For more, please click on McKINSEY REPORT ON MEETING GLOBAL HOUSING AFFORDABILITY CHALLENGE. 

  • EHI celebrated its significant achievements, both locally and nationwide, on its 10th anniversary--September 19, 2018. For more, please click on EHI's FIRST TEN YEARS. 

  • Inside Philanthropy urges funders to support EHI’s efforts to break the grip of exclusionary zoning and other exclusionary housing policies on housing opportunities for low- and moderate-income people. For more, please click on Inside Philanthropy urges funders to support EHI. 

  • EHI letters printed by Washington Post highlight serious, adverse effects of local housing and land use policies For more, please click on EHI LETTERS IN WASHINGTON POST. 

  • For an EHI analysis of the role of governmental land use planning in housing shortages and excessive costs, please click on EHI ANALYSIS OF JOBS-HOUSING REPORT.