Last September, the federal Centers for Disease Control and Prevention ordered a moratorium on evictions. The national moratorium has been challenged in several courts and its expiration date has been extended four times. It is currently set to expire July 31 and federal officials have indicated there are no plans to extend it again.
Throughout the moratorium, there has been confusion among renters and landlords. Landlords complain that some tenants abuse the moratorium by not paying rent, even if they have the money to do so. Tenants complain about the wait to receive rent assistance funds.
About $46 billion in rent assistance has been allocated by Congress to help tenants across the nation.
Here are answers to questions that people still have about the eviction moratorium.
Did the federal government impose a complete ban on residential evictions?
No. The Centers for Disease Control and Prevention banned landlords from evicting tenants for failing to pay rent provided the tenant signs a CDC declaration and gives it to their landlord.
The declaration, which is available online, states that the tenant meets the criteria of the moratorium. Lying on the declaration can result in criminal charges for perjury.
The moratorium does not ban all evictions. Landlords remain free to file an eviction suit against a tenant for violating other terms of the lease such as damaging the property.
“People always tell me I can’t evict anybody,” Ade Esuoso, a Milwaukee landlord, said as he stood on the porch of a north side property as Milwaukee County sheriff’s deputies evicted one of his tenants. “That just isn’t true.”
Wisconsin landlords are not allowed to evict a person on their own. They must file an eviction suit and a court must approve the action and issue an eviction order, known as a writ of restitution. The writ is executed by sheriff’s deputies.
When does the moratorium expire?
The moratorium started on Sept. 4, 2020, and was originally set to expire on Dec 31, 2020. It has been extended four times and is currently scheduled to expire July 31.
The last extension was issued on June 24. At that time the CDC said in a statement that “this is intended to be the final extension of the moratorium.”
Despite the eviction moratorium, tenants are still required to pay their rent. Failure to do so could result in an eviction when the moratorium ends.
What is the criteria that a tenant must meet to be protected by the moratorium?
The CDC declaration requires the tenant to swear they cannot pay their full rent due to a substantial loss of income resulting from a layoff or a cut in wages or hours. They may also claim a lack of funds to pay full rent because of extraordinary out-of-pocket medical expenses.
Tenants must also attest that they have made efforts to pay rent to their landlord and have tried to receive government rent assistance. In addition, the tenants have to state that they would likely become homeless, move into a shelter or “have to move in with others who live in close quarters” if they were evicted.
The applicant must also state on the declaration that they expect to earn no more than $99,000 this year or $198,000 if they file a joint income tax return.
Government money is available for rent payments
In the Milwaukee area, the bulk of the state and federal rent assistance money is being distributed by Community Advocates and the Social Development Commission. You can apply online for rent assistance.
The SDC received $17 million in rent assistance funds in May and is distributing about $700,000 per week. Earlier the agency had paid out about $20 million to cover rent payments.
Community Advocates has also paid about $20 million in rent assistance and hopes to receive at least $12 million more to distribute.
How many families have been evicted since the moratorium began on Sept. 4?
Milwaukee County landlords have filed more than 5,625 eviction actions since the moratorium began or about half the number of evictions typically filed during that period, according to Medical College of Wisconsin data.
Milwaukee County courts have issued at least 1,361 eviction orders since the moratorium began, said Branden DuPont, lead eviction researcher for the Medical College.
Deputies have executed more than 840 eviction orders since the moratorium began, or about half the number duringthe same period last year, according to statistics provided by Sgt. William Brown, who oversees the Sheriff’s Office eviction unit.
A person can challenge an eviction in court. It’s done via Zoom
Eviction cases are being conducted via Zoom. Four Milwaukee Public Library branches have free access to Zoom for court hearings, including eviction cases. The branches are at 1960 W. Atkinson Ave.; 2727 W. Fond du Lac Ave.; 310 W. Locust St.; and 906 W. Historic Mitchell St.
Housing officials urge tenants and landlords to try to avoid eviction proceedings by resorting to other solutions, such as mediation. They also urge tenants and landlords to check out the resources and alternatives to eviction available through the Milwaukee Rental Housing Resource Center. The center is supported by various governments and agencies that work with tenants and landlords
“There is a full-court press going on out there to try and work with landlords and tenants to resolve issues before they become cases in the court system,” said Mary Triggiano, chief Milwaukee County Circuit court judge.
“In an ideal world we want to see zero eviction filings,” added Deb Heffner, housing strategy director at Community Advocates.
Are attorneys provided to defendants facing eviction?
Generally, no. A small percentage of Milwaukee County defendants may be represented by public interest law firms such as Legal Action of Wisconsin’s Eviction Defense Project attorneys or the Legal Aid Society of Milwaukee. It is estimated that only about 3% of the defendants in eviction cases are represented by attorneys.
“It’s striking how few people facing eviction have representation,” said James Mathy, housing administrator for the Milwaukee County Housing Division. Having a lawyer “is a huge benefit to tenants” facing eviction. Mathy said having a lawyer helps level the field for a tenant.
The Milwaukee County Board of Supervisors last month approved a resolution to create a program to provide defendants in eviction cases with lawyers.
The Right to Counsel program is being funded with $916,576 from the county’s federal COVID funding. In addition, the United Way of Greater Milwaukee and Waukesha County has pledged $1.5 million over the next three to five years to support this program.
It will likely be several weeks or a couple of months before the free attorneys are regularly available to all defendants facing eviction.
Going to eviction court is an “intimidating experience,” said Colleen Foley, executive director of the Legal Aid Society of Milwaukee. “You’re in the midst of possibly losing your home. (A tenant) requires an advocate to come out of the process faster and with more dignity.”
Once the moratorium ends there could be a wave of eviction cases
People involved in the process are bracing for what could be an avalanche of eviction cases. Triggiano said there is a backlog of 2,700 cases in small claims court — a figure that includes eviction cases.
While agencies are working together through the Milwaukee Rental Housing Resource Center to promote mediation and other alternatives to eviction, Foley acknowledged that many landlords are still evicting tenants.
“The culture does not change overnight,” she said.
Foley said she “keeps thinking of last summer” when a two-month ban on evictions was followed by a 26% year-over-year increase in filings in June. The moratorium ended on May 26.
“I’m hopeful,” Foley said. “But I’m also realistic.”
Contact Cary Spivak at (414) 550-0070 or cspivak@jrn.com. Follow him on Twitter at @cspivak or Facebook at facebook.com/cary.spivak.
What we’ve reported
A judge’s ruling ending eviction moratorium leaves Milwaukee landlord and tenant groups scrambling to adapt
Out-of-state corporate landlords are gobbling up Milwaukee homes to rent out and it’s changing the fabric of some neighborhoods.
‘Everyone is suffering’: Landlords and tenants struggling alike in anticipation of $25 billion in rental assistance.
There’s a federal moratorium on evictions. So why have more than 200 families in Milwaukee been evicted since then?
How to reach officials involved
To contact the Milwaukee Rental Housing Resource Center visit https://www.renthelpmke.org/ or call (414) 895-7368 or email info@renthelpmke.org.
To contact Community Advocates visit https://communityadvocates.net/ or call (414) 270-4646 or email renthelp@communityadvocates.net.
To contact the Social Development Commission visit https://www.cr-sdc.org/ or call (414) 906-2700 to reach the headquarters at 1730 W. North Ave. or email info@cr-sdc.org.
To contact the Legal Aid Society of Milwaukee visit https://lasmilwaukee.com/ or call (414) 727-5300 or email question@lasmilwaukee.com
To contact Legal Action of Wisconsin visit https://www.legalaction.org/ or call (855)-947-2529.
About this feature
This is a weekly feature for online and Sunday print readers delving into an issue in the news and explaining the actions of policymakers. Email suggestions for future topics to jsmetro@jrn.com.
