Evictions are on the rise in Nebraska and in many places around the country. Nearly 2,500 more eviction proceedings were initiated in Nebraska courts last year than in 2022. Evictions can have long-range implications for housing, employment and health. Women face eviction filings and judgments disproportionately often, women of color most of all. A bill scheduled for its first round of debate today, the "Tenant Clean Slate Act," LB-175, would reduce the impact of evictions by differentiating between an eviction filing and an eviction judgment.
Erin Feichtinger, Ph.D, policy director of the Women's Fund of Omaha, says under current Nebraska law, an eviction "filing" can cause as much harm as an eviction judgment.
"When a landlord goes and checks your background, they are checking for eviction records, but an eviction filing -- which is just receiving that eviction notice -- is being treated the same on a background check as an eviction judgment -- actually being evicted," Feichtinger said.
Feichtinger added female heads of households make up about 60% of the people in Omaha eviction courts. She says finding suitable housing with the current high cost of rent and lack of affordable housing is already a challenge, especially for women with children, and said LB-175 would eliminate one potential barrier. Opponents argue that it would keep landlords from obtaining important information about prospective tenants.
Feichtinger said the circumstances leading to eviction can be complex.
"You have a car repair and you can't drive your car to work, a health emergency that sets you back, a child's health emergency -- common situations, but not manageable for those who are already struggling with housing costs, with making ends meet," she added.
LB-175 would also allow a person to petition the court to have a past eviction filing sealed.
She stresses that the same gender equity issues that make women more susceptible to eviction can cause an eviction to have a greater impact on them.
"Because of that gender wage gap, of the primary caregiving responsibilities with the lack of accessible affordable child care. All of those things set women behind, not only leading into eviction court but after an eviction, " she said.
Feichtinger called housing justice "foundational" to achieving gender and racial equity. LB-175 was introduced by state Sen. George Dungan, D-Lincoln last session. State Sen. Wendy DeBoer, D-Omaha, chose it as her priority bill this session.
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As Virginia evictions rise, one group is helping low-income renters fight back.
Before the pandemic, evictions peaked at 16,000 in January 2020. An eviction moratorium kept renters housed during part of the pandemic but evictions are growing again.
Phil Storey, director of the Eviction Defense Center at the Virginia Poverty Law Center, said his office helps people navigate housing court.
"We wanted to provide not just information about things they can bring up to the judge to try and affect what happens but also some tools that'll help them do that without having to act as if they were experienced lawyers," Storey explained.
He added eviction laws are better for tenants, although they still give landlords an advantage. Affordable housing significantly declined in the state leaving many people unable to afford housing. The Eviction Defense Center operates on two websites. English speakers can use FightMyEviction.org and Spanish speakers can use NoDesalojo.org.
While the Eviction Defense Center is still relatively new, Storey is looking for ways to improve and build on it. He added they want to learn from the users taking advantage of the tools being offered.
"Obviously, we'll be able to go sort of peek behind the curtain and see which paths people are following through the information," Storey noted. "If some of them end up as dead ends or if people end up backing out of the decision tree, or things like that. We'll learn things about how to make that all better."
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New York's 2025 budget takes proactive steps to address rural housing.
In the budget, $10 million was allocated for improvements to rural housing built by the U.S. Department of Agriculture's Section 515 program. Rural housing organizations asked for $25 million but are grateful the state is taking action.
Mike Borges, executive director of the Rural Housing Coalition of New York, said another bill the Legislature should pass makes the Mobile and Manufactured Home Replacement Program permanent.
"Basically what that does is provide grants to low- to moderate-income people to replace their mobile homes that are dilapidated and unsafe," Borges explained.
He would also like to see administration fees increase for nonprofits taking part in the Access to Home Program, which provides accessibility modification for low- to moderate-income residents. Reports showed it got requests totaling $12 million but only got enough funding for $1 million in improvements. The Senate is poised to pass both bills, leaving the Assembly as the final hurdle.
However, the budget was not perfect for rural housing. Borges said one shortcoming of the 2025 budget were cuts to the RESTORE program, which provides emergency repairs for low-to-moderate-income seniors. He said New York should take action now to continue improving rural housing preservation and development.
"We need a comprehensive housing initiative that looks at the obstacles to building and renovating, repairing housing in rural communities," Borges contended. "The three main obstacles to that are local capacity, infrastructure and targeted programs for rural housing."
He added rural areas do not often have the same resources and capacity as urban communities. Because rural housing is in short supply because of the aging housing stock, there have been stark population declines from rural New York communities.
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Orange County's Supreme Court reversed a decision letting the city of Newburgh implement state tenant protections.
The city declared a housing emergency in 2023 when a study showed a vacancy rate less than 4%. The lawsuit overturning the protections found that the study was flawed, leading the court to invalidate it.
Daniel Atonna, political coordinator for the group For the Many, said this leaves tenants in a precarious position.
"This rips away protections for tenants in over 730 apartments in the city of Newburgh," he said, "at a time when tenants all across the Hudson Valley, all across New York, are facing difficult conditions as landlords are trying to evict them and raise their rent."
The petitioner's attorney said if unchecked, the city's actions would have made drastic changes to the rental market without legal basis.
This ruling also keeps Newburgh from setting up a rent guidelines board to decide whether rent-stabilized tenants' rents should stay the same, increase or decrease. Atonna said he hopes the city redoes the survey and implements these protections.
Atonna thinks Newburgh should opt into the newly passed Good Cause Eviction protections. This could better protect tenants, although some housing advocates feel these protections are ineffective. He said many residents support having tenant protections.
"Because it's meant stabilization for the community, right? It means a strong community where their neighbors aren't getting uprooted and evicted every couple of years," he said. "So, this was something that was going to be good for everyone."
A 2021 survey found 77% of Newburgh residents would leave the city because of high rents. It also found that people spend more than 30% of their income on rent.
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