Groups challenging the criminal consequences for failing to pay rent in Arkansas say they'll take another run at it, perhaps as a class-action lawsuit, after their initial case was dismissed.

Arkansas is the only state that treats nonpayment of rent as a criminal offense instead of a civil debt, and a nonprofit that provides free legal services contends that is unconstitutional.

Phil Telfeyan, who heads the group Equal Justice Under Law, said the goal of the suit was to end the law - and now, more work must be done.

"There's the Legislature that is trying to repeal the law, which we are extremely supportive of," he said. "But there's also a court challenge - there's a litigation process that is still under way - that federal courts have the authority, if a law is unconstitutional, to strike it down."

Telfeyan added that the consequences of the law are more dire since the federal moratorium on evictions has ended. And earlier this year, Arkansas declined most of the $146 million made available in federal Emergency Rental Assistance. Gov. Asa Hutchinson said the state hadn't spent all the previous allotment, and cited a strong economy and job market as reasons for rejecting the funds.

Equal Justice Under Law filed the suit in 2021 with the University of Arkansas' Little Rock Bowen Legal Clinic. Telfeyan said some landlords are willing to work with tenants who fall behind on rent, either by negotiating a reduced payment or some flexibility. But his organization has seen just as many property owners who won't work with their renters.

"One of Equal Justice Under Law's clients was unable to pay rent, not through any fault of their own, but actually because of the landlord's error," he said. "The landlord had a problem with the plumbing and so our client was not able to use the restroom, the toilet, the shower and so forth - they had to pay extra money to shower elsewhere. And that landlord actually started a criminal proceeding."

As the legal challenges continue, he encouraged renters to let their voices be heard, including contacting their legislators.

The Kentucky Housing Corporation has received applications for housing funding from the state's Rural Housing Trust Fund requesting more than $18 million for rebuilding single family homes in regions of the state still recovering from catastrophic flooding and tornadoes.

Wendy Smith, deputy executive director of the Kentucky Housing Corporation, explained very few affected homeowners carry flood insurance, and homeowners' policies typically do not cover flooding. She said money from the trust fund will be critical for helping middle and moderate income Kentuckians rebuild their houses.

"We are viewing this allocation of state dollars as a really flexible source to keep the pipeline of housing work in recovery going," Smith noted. "And to grow it before the big federal money arrives."

According to a report by the Ohio River Valley Institute, approximately 9,000 homes in eastern Kentucky were damaged in last year's severe flooding. Rebuilding costs are estimated to be between $450 million and $950 million.

Smith pointed out that, unlike most housing programs, Rural Housing Trust Fund money can serve homeowners who earn up to 120% of a region's medium income.

"It is really a middle-income [program and] we can serve low-income folks," Smith emphasized. "We can also serve folks who earn slightly higher incomes, or maybe it's two earners in the family. And that's really important, because disasters do not care how much money you make."

According to the Ohio Valley Institute report, six in 10 families with flood-damaged have incomes of $30,000 a year or less.

Smith added long-term local and state funding is critical for a successful recovery and rebuilding.

"We've gotten this crash course in how this works, what the federal role is," Smith outlined. "What constitutes the kind of emergency response phase versus the longer term recovery and rebuilding phase. "

FEMA said the federal government has provided $159 million in assistance to eastern Kentuckians so far.


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Advocates for affordable housing in Virginia are holding a forum today for Richmond region candidates to speak with local residents about the state's housing crisis. Across Virginia, the median rent has increased 24%. Earlier this year, the City of Richmond declared a housing crisis based on low housing inventory. Virginia's General Assembly has taken up legislation to aid with this issue in the past, though it hasn't always been successful.

Laura Dobbs, policy director for Housing Opportunities Made Equal, said there are things the state can do.

"The state needs to invest a lot in housing," she said. "Both on the affordable side of simply preserving our existing affordable housing stock, building more affordable housing, but also on the home ownership side."

She added the state has an opportunity to invest in a more robust down-payment assistance program for homeowners. The National Low Income Housing Coalition estimates Virginia has more than 250,000 extremely low-income households, but only around 80,000 affordable homes available to rent. The forum starts at 6 p.m. Doors open at 5:30 in Auditorium 101 of the Richmond Public Library's Main Branch.

The Richmond Eviction Lab finds statewide, eviction filings increased almost 4% between the end of 2022 and early 2023. But eviction judgements declined more than 9% in the same time period.

Christie Marra, housing advocacy director with the Virginia Poverty Law Center, thinks pandemic-era protections need to be reinstated to prevent eviction risks from rising further.

"We'd like to see the requirement that landlords provide information to tenants on that 'pay or quit' notice, about where they can go to get rental assistance, if their locality has anything," she explained.

Marra also called for the 14 day 'pay or quit' eviction notice be brought back. She said the state knows what works, but elected officials need to have the courage to implement these policies.

The affordable housing crisis in New Hampshire is widespread and a new survey found a majority of voters support legislative action to fix it.

The survey conducted by the Center for Ethics in Society at Saint Anselm College showed 60% of voters believe the state should change its planning and zoning laws to allow for more affordable housing development.

Max Latona, executive director of the center, said perceptions of affordable housing are changing as the problem hits closer to home for more people.

"They're recognizing their kids can't even buy a home in their own neighborhood; their aged parents can't find anywhere to relocate in their own neighborhood," Latona explained.

Latona pointed out a majority of voters showed a decline in so-called NIMBYISM and now support more housing in their own communities.

Every voter surveyed under age 35 agreed their community needs more affordable housing, and much of the demand was for the so-called "missing middle," including apartments, townhomes, or duplexes.

Latona noted young people are especially vulnerable to the housing shortage.

"If New Hampshire is one of the oldest states in the nation, I think we really need to pay attention to what our young people are saying so we can find a way to retain them and draw them to the state," Latona contended.

The recently released New Hampshire Zoning Atlas showed just 11% of the state's buildable land area is zoned for duplexes on small lots leading more developers to lobby for broader planning regulations.

Latona added the housing crisis is not only an urgent matter but one of justice and equity.



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