Webinar
NFHTA Forum | On the Brink: The Looming Eviction Crisis of the COVID-19 Pandemic
June 16, 2021 | 2:00 PM - 4:00 PM EDT
Online
Description
"The combined effects of the pandemic, lack of affordable housing, and our eviction crisis makes this a problem of just inestimable magnitude."
Steve Tomkowiak, Executive Director, Fair Housing Center of Metropolitan Detroit
The COVID-19 pandemic has had a disparate impact on people of color and those in other protected classes, resulting in higher rates of infection and higher rates of unemployment. This has a profound impact on renters of color, who are much more vulnerable to losing their homes through eviction, especially as eviction moratoria are lifted and assistance programs end or fail to adequately reach them.
The National Fair Housing Training Academy (NFHTA) and the National Fair Housing Alliance (NFHA) hosted a public forum focusing on the impact of the eviction moratorium during the COVID-19 pandemic. This forum contained information about housing assistance programs that may help prevent eviction, specified how eviction could be a fair housing violation, and provided resources and tools that fair housing practitioners, attorneys, and housing counselors can utilize to combat evictions that violate the Fair Housing Act. Over 850 fair housing partners joined us in this critical conversation.
Note: NFHTA's July National Fair Housing Forum will address the pending foreclosure crisis.
Overview
- Welcome from Lynn Grosso, Director of Office of Enforcement and Programs at the U.S. Department of Housing and Urban Development (HUD).
- HUD Leadership announcement regarding partnership funds for FHAP collaboration with community-based organizations for fair housing testing, education, and outreach; special enforcement funds; and FHIP support under the American Rescue Plan.
- Introduction of moderator, Peggy Bailey, Senior Advisor on Rental Assistance for Office of the Secretary at HUD, and introduction of panelists:
- Chancela Al-Mansour, Executive Director, Housing Rights Center
- Erin Kemple, Executive Director, Connecticut Fair Housing Center
- Steve Tomkowiak, Executive Director, Fair Housing Center of Metropolitan Detroit
- Presentation and discussion by panelists on:
- The effects of the eviction moratorium during the pandemic on people of color and others in protected classes.
- The status of eviction moratoria.
- Current rental assistance programs.
- Legal standards for combating eviction as a fair housing violation.
- Tools to stop evictions that violate fair housing laws.
- Potential partnerships between FHIP and FHAP agencies and local legal aid organizations.
- Question and answer session moderated by Ms. Bailey.
A video of the forum has been posted on this page, along with a transcript of the conversation and a robust resources list for your continued reference.
Learning Objectives
Forum participants will:
- Understand how COVID-19 has had disparate housing impacts on people in protected classes and communities of color and how it has led to a looming eviction crisis with potential fair housing implications.
- Know more about eviction moratoria and assistance programs that may prevent eviction.
- Understand the legal framework for a fair housing solution to an eviction case.
- Know about fair housing issues in eviction processing and how to address those issues.
- Know how to assist those who have been discriminated against in the foreclosure or eviction process.
- Know more about fair housing, housing counseling, and legal services resources for combatting eviction.
Audience
This forum is targeted to Fair Housing Initiatives Program (FHIP) organizations, Fair Housing Assistance Program (FHAP) agencies, Housing Counseling Agencies, legal services providers, and other interested fair housing partners.
Materials
Fair Housing Obligations and Evictions Main Page
This webpage from HUD and the Office of Fair Housing and Equal Opportunity (FHEO) provides materials to inform landlords and tenants about important fair housing obligations related to actions to evict.
Job Aid: Best Practices for Language Access and Limited English Proficiency (LEP)
Date Published: June 2021
This job aid provides basic information regarding language access for FHIP and FHAP clients, including best practices to provide services to the LEP community. Fair housing practitioners can use this aid to evaluate or revise your agency's language access plan and to ensure inclusiveness for all clients.
Job Aid: Prompt Judicial Action and Injunctive Relief for Evictions
Date Published: June 2021
This job aid provides information for FHIP and FHAP practitioners on evaluating the usage of prompt judicial action under the Fair Housing Act, specifically to combat discriminatory evictions. This aid defines prompt judicial action, discusses the appropriate situations to proceed with prompt judicial action, information needed to proceed with a request for prompt judicial action, and a sample letter to engage a respondent to stay an eviction.
Job Aid: Prima Facie Elements of a Discriminatory Eviction
Date Published: June 2021
This job aid provides information for FHIP and FHAP practitioners to determine if all the elements are present to accept and investigate a complaint of an eviction in violation of the Fair Housing Act. The aid includes the prima facie case element and a discussion of collecting and documenting evidence. The information on this job aid will assist investigators on making a determination of discrimination.
Eviction and Foreclosure Moratorium Extension to July 31, 2021 Fact Sheet
Date Published: June 24, 2021
This page describes the Biden Administration's announcement on Initiatives to Promote Housing Stability by Supporting Vulnerable Tenants and Preventing Foreclosures.
Date Published: June 2021
In this recent Annals of Epidemiology article, it was noted the most frequently observed characteristics among COVID-19 decedents in California were age 65 years or above, male, Hispanic, foreign-born, and educational attainment of high school or below.
How the Virus Unraveled Hispanic American Families
Date Published: June 2021
This New York Times article highlighted disparities in COVID-19 related deaths in Santa Clara County, California.
Date Published: May 2021
In this opinion issued by the U.S. District Court for the%u202FDistrict%u202Fof Columbia, it was found that the Public Health Act%u202Fof 1944%u202Fwhich gives the federal government the power to impose quarantines and other measures to deal with health emergencies%u202Fdoes not grant the Centers for%u202FDisease%u202FControl%u202F(CDC%u202Fthe legal%u202Fauthority%u202Fto impose a nationwide eviction moratorium.%u202F
The Property Management Connection, LLC et al v. The Consumer Financial Protection Bureau et al
Date Published: May 2021
A Tennessee federal district court found Consumer Financial Protection Bureau%u2019s new interim rule to, among other things, help residential tenants facing eviction, requiring debt collectors to provide written notice to delinquent tenants informing tenants that they may be eligible for relief under the CDC Order and CDC order unenforceable.
Florida Association of Realtors, Inc. et al v. Centers for Disease Control and Prevention et al
Date Published: May 2021
Florida Realtors have filed suit in federal court seeking to overturn a national eviction moratorium prompted by the COVID-19 pandemic.
COVID-19: Moratorium Madness: Will Challenges to The Eviction Order Force the CDC's Hand?
Date Published: June 2021
An article referenced by Ms. Al-Mansour, there is speculation that the CDC order will be extended, even in light of the Alabama Association of Realtors decision.
Harris v. Itzhaki, 183 F.3d 1043 (9th Cir. 1999)
Date Published: July 1999
In this case referenced by Ms. Al-Mansour, it was found that a prima facie claim was established for purpose of summary judgment where tenants presented evidence of emotional distress due to feared eviction notices for informal complaints about racial comments.
Neudecker v. Boisclair Corp., 351 F.3d 361, 364 (8th Cir. 2003)
Date Published: December 2003
In this case referenced by Ms. Al-Mansour, it was found that threats of eviction are adverse action under the Fair Housing Act.
Housing Rights Ctr. v. Sterling, 404 F. Supp. 2d 1179, 1192 (C.D. Cal. 2004)
Date Published: June 2004
In this case referenced by Ms. Al-Mansour, a complainant established prima facie if they were subjected to different terms and conditions than other tenants and notices based on false claims leading to an attempted eviction.
Implementation of the Fair Housing Act's Discriminatory Effects Standard
Date Published: February 2013
In this resource referenced by Ms. Al-Mansour, this guidance formalized the long and consistent interpretation of the Fair Housing Act that housing policies and practices can violate the Act not only through proof of intentional discrimination, but also through a burden-shifting discriminatory effects analysis.
Mazurek v. Armstrong, 520 U.S. 968, 972 (1997)
Date Published: June 1997
In cases being considered for prompt judicial action, there needs to be likelihood of success on the merits. Granted if “the movant, by a clear showing, carries the burden of persuasion."
Trafficante v Metro. Life Ins. Co., 409 US 205, 211 (1972)
Date Published: December 1972
In this seminal US Supreme Court decision, it was found that eradicating housing discrimination vindicates “a policy Congress considered to be of the highest priority”). The FHA states that “[i]t is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.”
HUD’s Title VIII Handbook, Chapter 4: Complaint Intake
Date Published: May 2005
Additional information and examples of documentation necessary to support a request for prompt judicial action can be found on page 4-24.
Consumer Financial Protection Bureau – Complaint Page
If a tenant is being evicted without being told about the right to file a CDC declaration or if they have already filed a CDC declaration, the tenant can make a complaint to CFPB using the link above or by calling (855) 411-2372.
Emergency Rental Assistance Program
This Treasury Department document presents frequently asked questions regarding the eligibility and usage of Emergency Rental Assistance fund.
Coronavirus Resources from HUD Program Offices
This HUD website is a starting point for accessing the latest guidance and resources to address the COVID crisis. Users can search by HUD program for resources to support program implementation targeting individuals and families impacted by COVID.
Status of Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19
Date Published: April 13, 2021
This page describes the CDC's national eviction moratorium. Additional information is provided under FAQs.
Homeowner Assistance Fund (HAF) Fact Sheet
Date Published: April 20, 2021
This Fact Sheet outlines the key components of the HAF, a $9.961 billion fund, which is part of The American Rescue Plan (Public Law 117-2) that was signed into law on March 11, 2021.
Find a Housing Counseling Agency
Housing counseling services are a critical tool in any practitioner's toolbox. This link provides free information for referrals of clients facing eviction or other critical housing matters nationwide.
How Legal Aid Works - How to Find Legal Services
Legal Services Corporation (LSC) is a resource to provide financial support for civil legal aid to low-income Americans. Referrals can be made to LSC for clients facing eviction or other emergency housing matters.
Moderator and Panelist Bios
Peggy Bailey
Senior Advisor, Rental Assistance
Office of the Secretary, U.S. Department of Housing and Urban Development (HUD)
Moderator
About the Forums
Forums are online conversations designed to allow multi-directional interactions between HUD and its FHIP and FHAP partners around emerging fair housing issues regarding processing complaints, conducting investigations, and managing agencies. Topics will evolve based on partner needs and interests.
Disclaimer: The National Fair Housing Forum webinar series provides training by and to HUD partners, including entities and persons participating in HUD's FHAP Program and FHIP Program. The series offers multidirectional idea sharing in real-time. The views offered by speakers and participants do not necessarily reflect HUD's views. Similarly, unless otherwise noted, documents provided as part of the webinar were created and maintained by other public and private organizations and may not reflect HUD's official position. HUD-produced guidance documents, except when based on statutory or regulatory authority or law, do not have the force and effect of law and are not meant to bind the public in any way. Such guidance documents are intended only to provide clarity to the public regarding existing requirements under the law or HUD policies. The information is not intended to provide legal advice to any individual or entity. Please refer to relevant laws and regulations and/or your own legal advisor before taking any action based on information appearing on this site or any site to which it may be linked. Some materials have been translated into languages other than English; slight variations may have resulted from the translation.
Tags: Fair Housing NFHTA