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Gregory MiaoSenior Attorney
Policy and Legal Considerations for Tenant Protections
July 10, 2020
Framing The Housing Instability Problem
Low-Rent Housing Stock
Source: JCHS tabulations of US Census Bureau, American Community Survey 1-Year Estimates.
35
40
45
50
55
60
65
18
19
20
21
22
23
24
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
Share of Units Renting for Less than $800 (Right scale) Number of Units Renting for Less than $800
PercentUnits (Millions)
Number of Cost-Burdened Renters
Source: JCHS tabulations of US Census Bureau, American Community Survey 1-Year Estimates.
6
8
10
12
14
16
18
20
22
24
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
Renters with Cost Burdens (Millions)
Severely Burdened Moderately Burdened
Renter Cost-Burden RatesShare of Renter Households with Cost Burdens (Percent)
Source: JCHS tabulations of US Census Bureau, American Community Survey 1-Year Estimates.
0102030405060708090
2001
2006
2011
2017
2001
2006
2011
2017
2001
2006
2011
2017
2001
2006
2011
2017
2001
2006
2011
2017
Severely Burdened Moderately Burdened
Under $15,000 $15,000–29,999 $30,000–44,999 $45,000–74,999 All Renter Households
Household Income
Housing Instability
COVID-19 will exacerbate a housing market
that was already in crisis
Housing Instability
Housing InstabilitySource: Where Low-Income Jobs Are Being Lost to COVID-19, Urban Institute
Housing Instability
Who Can Afford Rent?
Eviction Rates by StateSource: EvictionLab
Visible Homelessness
Moving 2+ times a year
Doubling up
Living in dangerous situations (e.g. living with a violent partner, or in a hazardous home)
Housing Instability
What Has The Response Been?
Map Source: https://projects.propublica.org/covid-evictions/Data Sources: bit.ly/COVID19EvictionFreezeUS; https://evictionlab.org/covid-policy-scorecard/
When State Eviction
Protections Expire
Source: Anti-Eviction Mapping Project https://antievictionmap.com/covid
1. Landlord gives tenant an eviction notice
2. Landlord files an eviction lawsuit with the court
3.Court holds a hearing4.Court issues a ruling5. Sherriff physically evicts the tenant
*steps and terms vary by state
The 5 Phases of Eviction*
Housing Instability
What Happens Now?
u Extend moratoriums past the immediate crisis, to give people time to find work after the risk of COVID-19 subsides
u Pause all rent increases during the pandemic and recovery periodsu Create extended payment plans with no late fees so that people can repay rent
after the moratorium on evictions endsu Establish emergency rental assistance programs for tenants (or enhance existing
ones), to help defray rent costsu Offer or require mediation to reduce eviction filings;u Identify additional housing options for people who are unhoused — for
example, create additional shelters or use existing hotel roomsu Increase access to counsel through “right-to-counsel” laws u Enable expungement to prevent lasting harmu Ensure equitable housing renter protections through source-of-income
nondiscrimination laws
Potential Local Strategies
