When the U.S. Supreme Court shut down the most recent extension on the federal eviction moratorium last month, the risks of eviction became much more real for tens of thousands in Nebraska who’ve struggled to pay rent throughout the pandemic.
But tenants still have rights and resources that can prevent eviction. Here’s what you need to know today.
What happened to the CDC’s eviction moratorium?
Last week, the U.S. Supreme Court struck down the Biden administration’s latest order to extend the federal eviction moratorium through Oct. 3. In an eight-page opinion, the court ruled the Centers for Disease Control and Prevention’s (CDC) ban on evictions unlawful, and “if a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.”
The CDC’s moratorium aimed to curb the spread of COVID-19 by limiting evictions of tenants. It also gave tenants behind on rent time to file for Emergency Rental Assistance without risk of losing their shelter during a pandemic.
What protections are still available for tenants?
Though the CDC moratorium is gone, tenants facing eviction still have options, said Scott Mertz, the director of the Housing Justice Project at Legal Aid of Nebraska.
Funds from the state’s Emergency Rental Assistance Program, or ERAP, as well as legal aid may be available for those whose income qualifies.
“There are a lot of rights tenants have, and a lot of reasons why a case should be dismissed,” Mertz said. “But it’s important you consult with an attorney to see if that’s a possibility in any given situation.”
If you live in Omaha and are struggling to pay rent…
Local ERAP funds are available through Omaha’s Metro Area Continuum of Care for the Homeless (MACCH). MACCH is the homeless services organization serving Douglas and Sarpy counties that processes online applications and distributes funds on the city’s behalf.
You can read the organization’s tenant application guide in English or Spanish to better understand the step-by-step process to receiving rental assistance.
According to MACCH, “you may receive help if you answer ‘Yes’ to the following questions:
- Are you a renter with a current residential lease or rental agreement and your name is on the lease or rental agreement?
- Do you live in the city limits of Omaha?
- Are you a United States citizen or legal resident?
- Is your household at or below 80% of Area Median Income for the Omaha metropolitan area? (See the photo for income information.)
AND
- At least one person in the applicant’s household has had a negative financial impact directly or indirectly related to COVID-19. This includes receiving unemployment or a reduction in household income, significant costs or financial hardship due to COVID-19.
AND
- You have a risk of homelessness or housing instability.”
The emergency rental assistance funds cannot be used after December 2021 and may end earlier based on the availability of funds, according to the MACCH website.
Tenants can start the process to apply for rental assistance and notify their landlords. If a landlord is not cooperating or responding, tenants can call Legal Aid of Nebraska for free legal assistance at (844)-268-5627.
When should I apply for emergency rental assistance?
Eligible tenants should apply as soon as possible, Mertz said.
“The second anyone believes that they are in need of and do qualify for these funds, they should start that process and they should be continuously following up to make sure that their application got in correctly and that it is in status for approval,” he said.
As of mid-August, MACCH had distributed more than 75% of the $22 million the city received from round one of the U.S. Treasury Department’s Emergency Rental Assistance Program, according to the Omaha World Herald.
I’ve been issued an eviction hearing notice. What should I do?
Advocates in Omaha agree that calling Legal Aid of Nebraska and going to your court hearing are the most important things to do.
Showing up to an eviction hearing in Douglas County now guarantees low-income tenants legal representation via the Tenant Assistance Project, or TAP, a program in conjunction with the Volunteer Lawyer’s Project that connects residents with volunteer lawyers to ensure legal representation, regardless of their income.
“Everything we do is based upon a tenant showing up,” said Laurie Heer Dale, the director of the Volunteer Lawyer’s Project and TAP.
About 90% of tenants go unrepresented in eviction cases, Heer Dale said, and having a lawyer can drastically improve a tenants chance of winning their case.
“The (court) process is built for both sides to have representation. If both sides aren’t equally represented, then there’s really an access to justice issue,” she said.
TAP lawyers can also help tenants navigate resources still available despite a pending eviction notice, like applying for emergency rental assistance, Heer Dale said.
Important numbers to know:
For general questions or help applying for rental assistance without a computer, call 211 or text Omaha ERAP to 898211.