Anxious tenants await assistance as evictions resume

Six months after Congress approved spending tens of billions of dollars to bail out renters facing eviction, South Carolina was just reaching its first tenants. All nine of them. Like most states, it had plenty of money to distribute — $272 million. But it had handed out just over $36,000 by June. The pace has since intensified, but South Carolina still has only distributed $15.5 million in rent and utility payments as of August 20, or about 6% of its funds. “People are strangling on the red tape,” said Sandy Gillis, executive director of the Hilton Head Deep Well Project, which stopped referring tenants to the program and started paying overdue rent through its own private funds instead. The struggles in South Carolina are emblematic of a program launched at the beginning of the year with the promise of solving the pandemic eviction crisis, only to fall victim in many states to bureaucratic hurdles, political inertia, and unclear guidance at the federal level. The concerns about the slow pace intensified Thursday after the Supreme Court blocked the Biden administration from enforcing a temporary ban that was put in place because of the coronavirus pandemic. Some 3.5 million people in the U.S. as of Aug. 16 said they face eviction in the next two months, according to the U.S. Census Bureau’s Household Pulse Survey. “The Supreme Court decision undermines historic efforts by Congress and the White House to ensure housing stability during the pandemic,” Diane Yentel, CEO of the National Low Income Housing Coalition, said in a statement. “State and local governments are working to improve programs to distribute emergency rental assistance to those in need, but they need more time; the Supreme Court’s decision will lead to many renters, predominantly people of color, losing their homes before the assistance can reach them.” The Treasury Department said this week that just over $5.1 billion of the estimated $46.5 billion in federal rental assistance — only 11% — has been distributed by states and localities through July. This includes some $3 billion handed out by the end of June and another $1.5 billion by May 31. Nearly a million households have been served, and 70 places have gotten at least half their money out, including several states, among them Virginia and Texas, according to Treasury. New York, which hadn’t distributed anything through May, has now distributed more than $156 million. But there are 16 states, according to the latest data, that had distributed less than 5% and nine that spent less than 3%. Most, according to the National Low Income Housing Coalition, are red states, often with tough-to-reach rural populations. Besides South Carolina, they include Alabama, Arizona, Arkansas, Iowa, Indiana, Florida, Nebraska, North and South Dakota, Mississippi, and New Mexico. There are myriad reasons for the slow distribution, according to the group. Among them is the historic amount of money — more than the Department of Housing and Urban Development’s annual budget — which required some 450 localities to create programs from scratch. Getting the money out is also complicated by the fact that checks aren’t sent directly to beneficiaries like, for example, the child tax credit. States and localities have also struggled with technology and staffing, as well as reaching tenants without access to the internet or small landlords unaware of the help. Some have applications so complicated they scare off prospective applicants or have income documentation and pandemic impact requirements that can be time-consuming. Efforts to use coronavirus relief money for rental assistance last year faced similar challenges. “A lot of states are lagging behind,” said Emma Foley, a research analyst with the National Low Income Housing Coalition. “The fact that this many states still have distributed so little is worrisome.” In South Carolina, lawmakers were slow to roll out the state’s program, waiting until April to charge the state housing authority with distributing the money. It took weeks to set up its program, with the first help not going out until June. Housing advocates have also criticized the reams of documentation required and the months of waiting for tenants to find out whether they qualify. Shaquarryah Fraiser applied in May and is still waiting to hear whether she will get help paying months of back rent for the mobile home she rented with her mother for $550 a month in Sumter, South Carolina. Fraiser’s mother died of COVID-19 last year, and the 29-year-old fell behind after getting sick herself with pneumonia and losing her phone survey job. “It’ll take a lot of stress off of me. I won’t be so anxious about this situation,” said Fraiser of the prospect of getting the help. In Arizona, delays have led to plenty of finger-pointing. Arizona’s House Democrats this month blamed the state for the delays in getting the money out — less than $7 million of its $900 million through July. Arizona’s Department of Economic Security points out the federal money has been allocated to 13 different jurisdictions, not just the state, and blames cities and counties for the slow rollout. “We have offered to assist overwhelmed jurisdictions with their workloads,” the department’s director Michael Wisehart wrote in response to lawmakers. “Regrettably, no jurisdiction has chosen to partner in this way.” Meanwhile, Arizona landlords and housing nonprofits blamed much of the problem on regulatory requirements tied to the money. Mississippi, which has given out $18.6 million of its $200 million through Aug. 23, has struggled to reach smaller landlords and renters, many of whom live in rural areas without internet access. In addition, the state has no database of renters — prompting it to hold events statewide to connect with potential applicants. The Mississippi Home Corporation, which runs the program, also sent a letter to judges asking them not to allow an eviction if someone has applied for help and to inform landlords they won’t get help if they evict after the moratorium ends. The agency also relaxed documentation requirements in 50 of its counties. But the program will still require proof of income

Joe Biden to allow eviction moratorium to expire Saturday

The Biden administration announced Thursday it will allow a nationwide ban on evictions to expire Saturday, arguing that its hands are tied after the Supreme Court signaled the moratorium would only be extended until the end of the month. The White House said President Joe Biden would have liked to extend the federal eviction moratorium due to spread of the highly contagious delta variant of the coronavirus. Instead, Biden called on “Congress to extend the eviction moratorium to protect such vulnerable renters and their families without delay.” “Given the recent spread of the delta variant, including among those Americans both most likely to face evictions and lacking vaccinations, President Biden would have strongly supported a decision by the CDC to further extend this eviction moratorium to protect renters at this moment of heightened vulnerability,” the White House said in a statement. “Unfortunately, the Supreme Court has made clear that this option is no longer available.” Aides to Senate Majority Leader Chuck Schumer and Sen. Sherrod Brown, the chairman of the Senate Committee on Banking, Housing and Urban Affairs, said the two are working on legislation to extend the moratorium. Democrats will try to pass a bill as soon as possible and are urging Republicans not to block it. In the House, a bill was introduced Thursday to extended the moratorium until the end of the year. But the prospect of a legislative solution remained unclear. The court mustered a bare 5-4 majority last month, to allow the eviction ban to continue through the end of July. One of those in the majority, Justice Brett Kavanaugh, made clear he would block any additional extensions unless there was “clear and specific congressional authorization.” By the end of March, 6.4 million American households were behind on their rent, according to the Department of Housing and Urban Development. As of July 5, roughly 3.6 million people in the U.S. said they faced eviction in the next two months, according to the U.S. Census Bureau’s Household Pulse Survey. Dr. Rochelle Walensky, director of the Centers for Disease Control and Prevention, said in June this would be the last time the moratorium would be extended when she set the deadline for July 31. It was initially put in place to prevent further spread of COVID-19 by people put out on the streets and into shelters. Housing advocates and some lawmakers have called for the moratorium to be extended due to the increase in coronavirus cases and the fact so little rental assistance has been distributed. Congress has allocated nearly $47 billion in assistance that is supposed to go to help tenants pay off months of back rent. But so far, only about $3 billion of the first tranche of $25 billion has been distributed through June by states and localities. Some states like New York have distributed almost nothing, while several have only approved a few million dollars. “The confluence of the surging delta variant with 6.5 million families behind on rent and at risk of eviction when the moratorium expires demands immediate action,” said Diane Yentel, executive director of the National Low Income Housing Coalition. “The public health necessity of extended protections for renters is obvious. If federal court cases made a broad extension impossible, the Biden administration should implement all possible alternatives, including a more limited moratorium on federally backed properties.” Gene Sperling, who is charged with overseeing the implementation of Biden’s $1.9 trillion coronavirus rescue package, said it was key that states and local authorities speed up the rental assistance distribution. “The message is that there are no excuses,” he told The Associated Press. “States and cities across the country have shown these programs can work, that they can get money out the door effectively and efficiently,” he continued. “The fact that some states and cities are showing they can do this efficiently and effectively makes clear that there is no reason that every state and city shouldn’t be accelerating their funds to landlords and tenants, particularly in light of the end of the CDC eviction moratorium.” The trouble getting rental assistance to those who need it has prompted the Biden administration to hold several events in the past month aimed at pressuring states and cities to increase their distribution, coax landlords to participate, and make it easier for tenants to get money directly. Associate Attorney General Vanita Gupta also has released an open letter to state courts around the country encouraging them to pursue measures that would keep eviction cases out of the courts. On Wednesday, the Consumer Financial Protection Bureau unveiled a tool that allows tenants to find information about rental assistance in their area. Despite these efforts, some Democratic lawmakers had demanded the administration extend the moratorium. “This pandemic is not behind us, and our federal housing policies should reflect that stark reality. With the United States facing the most severe eviction crisis in its history, our local and state governments still need more time to distribute critical rental assistance to help keep a roof over the heads of our constituents,” Democratic U.S. Reps. Cori Bush of Missouri, Jimmy Gomez of California, and Ayanna Pressley of Massachusetts said in a joint statement. But landlords, who have opposed the moratorium and challenged it repeatedly in court, were against any extension. They have argued the focus should be on speeding up the distribution of rental assistance. This week, the National Apartment Association and several others this week filed a federal lawsuit asking for $26 billion in damages due to the impact of the moratorium. “Any extension of the eviction moratorium equates to an unfunded government mandate that forces housing providers to deliver a costly service without compensation and saddles renters with insurmountable debt,” association president and CEO Bob Pinnegar said, adding that the current crisis highlights the need for more affordable housing. “Our nation faces an alarming housing affordability disaster on the horizon — it’s past time for the government to enact responsible and sustainable solutions that ultimately prioritize making both