BISMARCK, N.D. - Concerns are growing about a potential wave of evictions in the pandemic and economic crisis.
Legal Services of North Dakota said it hasn't yet seen a spike in demand for assistance in stopping evictions, but another housing-related problem could emerge.
With the eviction moratorium and extra federal unemployment benefits expiring, people who lost their housing might try to scrape together what they can for a new place.
But attorney Brad Peterson - director of special projects for Legal Services of North Dakota - said he feels not everyone fully understood how protections under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act work.
He said tenants who incurred a judgment for back rent could find it's a roadblock when trying to secure new housing.
"Some of these people are going to try and apply for housing assistance in the next, you know, few months," said Peterson. "They're going to be looking at renting from another landlord, and they're going to be told that they have to take care of this judgment."
He said that might result in requests for legal assistance, if the person believes those temporary federal rules might have helped them avoid an eviction. He said it's unclear in legal circles if CARES Act eviction protections can be applied retroactively to eliminate a judgment for back rent.
Peterson said it's possible renters might have automatically assumed the federal moratorium on evictions applied to all tenants. Instead, it only covered people in federally-subsidized housing.
Legal Services of North Dakota filed special court requests to sit in on eviction hearings as a third party, and Peterson said they were able to get the attention of some lawyers who weren't considering the temporary rule.
"We actually got one lawyer that does a lot of eviction work now," said Peterson, "that he's taken it upon himself to start filing these certifications of compliance with the CARES Act."
He encouraged people dealing with an eviction issue, who didn't seek legal help when the protections were still in place, to reach out before they apply for new housing.
The federal moratorium expired July 24, but the 30-day window for eviction notices remains in effect for a couple more weeks.
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Like many states across the West, Nevada faces challenges with supply and demand for housing. One advocate for the disability community describes the pool of affordable and accessible homes in the Silver State as "sad."
Mary Evilsizer, executive director of the the Southern Nevada Centers for Independent Living, said some of the biggest challenges in helping disabled folks find housing is ensuring they are able to meet certain criteria and requirements set by landlords, and second is affordability.
"All landlords require that an individual with a disability or an individual without a disability -- it's the same way across the board -- have an income that is three times the amount of the rent that they pay. It is just a rule that we need to change in our state," she said.
Data show more than 50% of renters in Las Vegas spend 30% or more of their income on rent.
Evilsizer said for most parts of Nevada, the average rent sits above $1,500 and that most disabled individuals who receive a Social Security check each month simply can't make ends meet, which leads to many people with disabilities needing to "couch surf" for shelter, or experiencing homelessness.
She acknowledged that landlords are trying to stay afloat and cover their own expenses, but said more must be done to help people with disabilities navigate the housing crisis. Evilsizer wants Nevada to invest in what she called a "rapid re-entry program," which would aim to get those experiencing homelessness back on their feet.
"Wonderful that we have sports arenas. That is amazing; we are so proud of that," she noted. "But if we can spend the billions on that, can we please start spending some of those funds on building affordable and accessible housing?"
To people who are frustrated, Evilsizer advises them not to lose hope. For assistance and guidance, she suggested they contact the Southern Nevada Centers for Independent Living at 702-889-4216, or the Northern Nevada Center For Independent Living at 775-353-3599.
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The U.S. Department of Housing and Urban Development has charged a Livingston landlord with discrimination after investigating a complaint filed by a former tenant.
State housing officials said the nature of the case is unusual and housing discrimination is on the rise. The HUD complaint charged Livingston-based Yellowstone Apartments and owner Dana Christian with discriminating against a longtime renter for retaliating after the resident's daughter, visiting from Russia, allegedly rebuffed Christian's advances.
Pam Bean, executive director of Montana Fair Housing, said the renter, a Russian immigrant and U.S. citizen, had never had a problem until she asked the property owner not to approach her daughter.
"She had lived there for four years without any notices or violations," Bean explained. "And all of a sudden received multiple violations in a few-week period, and ultimately moving to evict the complainant."
Bean noted the case will be assigned to federal court soon, and the U.S. Department of Justice will represent the renter. Christian did not respond to a request for comment.
While cases of housing discrimination are on the increase in Montana as the population grows and property owners are more selective in choosing tenants, Bean pointed out the Yellowstone case is unusual.
"The defendant seemed to just so openly retaliate against the household," Bean observed. "Because it was made clear any type of relationship outside of a business relationship was not something they were interested in."
The HUD charge cites a violation of the Fair Housing Act by "unlawfully coercing, intimidating, threatening, or interfering with" the tenant's right to complain about unwanted advances made toward her daughter.
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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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