Tag Archives: rent

Desi Landlord & Tenants In An Eviction Headlock

Suresh Wadhwani, a Bay Area landlord was surprised by the ruling that allowed his tenants to break their contract with him. They could pay no rent and he was not able to evict them due the pandemic.

California’s Covid-19 rent relief program, Housing Is Key provides protections for renters who are given an eviction notice because they are unable to pay their rent or other charges between March 1, 2020 through September 2021 due to COVID-19-related financial distress. 

“I invested in California in good faith as there was a housing shortage. I took loans and bought properties for low-income residents to live in. Now I am in the position that my conduit loan has come due but my bank refuses to extend loans to me,” he said. 

Wadhwani does not qualify for a loan. He does not meet the risk guidelines of the bank. Forty percent of his tenants are defaulting on rent payments. 

“We have banked with Chase for years but the underwriter is hamstrung by the bank’s guidelines for loan disbursement. My company is now considered a high-risk investment, ” said Wadhwani. He will have to do a fire sale of his property or go into receivership.

At first, only ten percent of his tenants were defaulting on their rent payments but news soon spread and the tenant defaulting percentage climbed up from 10 -20 to 40 percent. Wadhwani is stumped. His contract with the bank stands but he feels his contract with the tenant is not worth the paper it is written on.

As of August 26, landlords are no longer barred from evicting tenants for nonpayment of rent because of the pandemic. The Supreme Court blocked the extension of the federal eviction moratorium. However, California is governed by state laws. California’s rent relief program, Housing Is Key stays

In California, this moratorium on evictions is in place till September according to the governor’s office. Tenants who have notified their landlord that they have been financially affected by COVID-19 and are paying at least 25% of their rent per month are safe from eviction till September.

To be eligible for aid, tenants must make less than 80% of the local median income. Median income varies from county to county. The aid takes into account the number of people living in the tenant’s household. In order to prove their eligibility, the tenants can provide documentation, like a recent pay stub or a termination letter, however, it is not required.  As long as they attest in writing that they have been impacted, that is sufficient. They can demonstrate housing instability or risk of homelessness by showing they owe back rent or have an overdue utility bill.

The assistance is available to all renters who meet the eligible income levels, regardless of whether they are legal residents or not. Citizenship status is not a requirement to access rent relief. 

Housing Is Key  provides Emergency Rental Assistance funds to low-income renters and their landlords. The bill expands eligibility even in cases where the tenant may have moved out of their home during the pandemic. The landlord can now apply for back rent. Read more at evictionlab.org 

Wadhwani admits he is getting money from the government for which he has had to file extensive paperwork. Additionally up until June, in order to file the paperwork he had needed to handhold the tenant without whose co-operation and signature the documents could not be filed. Some tenants played hardball and a previously cordial relationship between landlord and tenant has now turned adversarial.

Landlords could look for excuses to remove tenants for cause. They can make a case that the tenant has damaged the property or is making a nuisance in order to evict the tenant. This situation could be encouraging landlords to file complaints with the city for building code violations alleging that the infractions were made by the tenant. 

For instance, the Sunnyvale city office has received letters reporting garbage behind the building owned by Mamie Dairiki on El Camino Real in Sunnyvale.  After an inspection, the city found building code violations in the units. Struggling small businesses (Mamie Dairiki’s tenants), have to pay for the rectifications to meet city requirements. One tenant, Vidya Gurikar of Silver Spoon, a gourmet food caterer who has been hard hit by the pandemic, may have to fork out over $30,000 towards fixing these violations. 

Vidya Gurikar of Silver Spoon

“These changes, made without a permit, were made before we leased this place!” said Gurikar. “It is Pandora’s box. I pay to fix one thing only to find that the city has found another thing built without a permit. The new directives from the city office are crippling,” said a panic-stricken Gurikar who is desperately looking for a way out of this nightmare.

“People have been evicted in retaliation for reporting their landlord or for their children testing positive for lead poisoning,” said Dr. Shawnita Sealy-Jefferson, Principal Investigator and Leader, Social Epidemiology to Eliminate Disparities (SEED) Lab, Ohio State University at a recent Ethnic Media Services panel on the housing crisis that has been exacerbated by the pandemic. “Having someone occupy the rental unit who is not on the rent agreement is cause for eviction. People have been evicted for bogus accusations of damage to the property, damage that would be considered normal wear and tear,” she said. 

“When I have 40 percent of my tenants defaulting,” said Wadhwani, “I can’t possibly make a case for eviction against each tenant on these grounds.” 

After September 30, landlords may be able to proceed with evictions as long as they can prove that they or their tenants have attempted to apply for rent relief.  They must show that they didn’t receive a response on their application from either the state or their tenant, or their tenant doesn’t qualify or meet the income requirements.

Wadhwani thinks that California will extend the eviction moratorium.

“We call on state and local jurisdictions to take every action they can to safeguard their most vulnerable residents. These actions should include permitting evictions for non-payment of rent only after landlords and tenants have sought Emergency Rental Assistance funds,” said Secretary Marcia L. Fudge on the Eviction Moratorium.

California has a rental assistance program in place to pay landlords the rent due. Only 10% of the total aid that people have applied for has been disbursed. The state has distributed only $37.4 million in relief to a little more than 31,641 households so far, an average of $11,844 per household (see Dashboard). The disbursement of $5.2 billion in federal funds earmarked for it, has gone slowly in order to ensure that no duplicate payments are made.  

“Some jurisdictions are not getting the amount of rental assistance that they need to cover the needs of their community,” Francisco Duenas, Executive Director, Housing Now! California said at the Ethnic Media Services briefing. In Los Angeles, the program opened only for one month. More requests were received than the funds allocated. Tenants who missed that window could not apply anywhere. 

“Right now the problem is not that there is no money to help the tenant and the landlords. The problem is administration and bureaucracy, just the processes to get that money out to the people,” said Duenas.

Tenants can apply for emergency rental assistance. If they qualify, the tenant or landlord will receive 100% of the rental debt and the eviction will be stopped, according to the latest California moratorium bill. This will continue to be an option until March 2022. Read more at evictionlab.org

Over 2 million renter households in California reported “little to no confidence” in their ability to pay next month’s rent, according to the latest Household Pulse Survey from the U.S. Census Bureau.

“These tenants don’t need to show any proof of their inability to pay. On the other hand, no bank is going to give me a loan if I have on my record that I defaulted on my loan payment,” said a harried Wadhwani.

“Many tenants will move out because they don’t want an eviction on their record as it will limit their chance of getting housing in the future,” said Francisco Duenas.

Both the landlord and tenant are bound in a headlock of survival. California’s shortage of affordable housing is the real loser in the process. 

“I am wary of taking a risk in the California housing market. I may look at investing in Reno, Nevada,” said Wadhwani.

Ritu Marwah is a 2020 California reporting and engagement fellow at USC Annenberg’s Center for Health Journalism.


Governor Newsom on Staying Housed and Staying Healthy

As November approaches, millions of Americans are preparing for the most consequential election of our lifetimes. So much is at stake, and I encourage all Californians who can cast a ballot to take this opportunity to shape the future of our country.

But it’s also a time of dread for people who are having a hard time financially. The first of the month is approaching, and rent is coming due.

If you are struggling to make rent and worried about eviction, know that you are not alone. In the Capitol, we are working hard to help you keep a roof over your head, and there are new resources and protections available to you right now.

Tackling the housing crisis in California has been a priority for me since my first days in office. Access to safe and affordable housing is a cornerstone of the California Dream, one that must stay in reach of all Californians. For decades, the high cost of housing in California has been making it harder for families to get by, much less get ahead. Last year, we took action to help more Californians stay in their homes by enacting the strongest renter protections anywhere in the nation.

But the COVID-19 pandemic presented us with even more challenges. Millions of Californians are potentially facing eviction this fall due to the impact of COVID-19—because they’ve lost jobs or hours, gotten sick or faced new costs like childcare. An eviction or foreclosure is always devastating, but it takes on a new danger amid a pandemic, when having a place to stay home and stay safe is so important.

While the COVID-19 pandemic has affected all of us, it has not affected all of us equally. The impacts of COVID on lives and livelihoods have had disproportionate impacts on our diverse communities. Census data from July 2020 showed that, of all California renters who had fallen behind on rent, three-quarters were Latino or Black.

In partnership with the Legislature, we passed a bill to help people who had fallen behind on rent if they were impacted economically by COVID.

So if you owe rent from March 2020 through today because you were affected by COVID – if you lost your job, got sick or had your hours cut – you are protected from being evicted if you can take a few simple steps.

Here’s how it works.

If your landlord gives you a notice to “pay or quit” – saying you have a certain amount of time to pay the rent you owe, or you have to move out – but you can’t pay the full amount because you were affected by COVID, you can fill out a document and give it to your landlord.

It is called the Tenant Distress Form, and you can find it on our new HousingIsKey.ca.gov website. It is available in English, Chinese, Korean, Spanish, Tagalog, and Vietnamese.

Sign it and don’t delay. You must give your landlord this document within 15 days after you receive the “pay or quit” notice to be protected from eviction.

You still owe the past rent, but if you cannot pay full rent because of COVID, you can’t get evicted for any rental debt that accrued between March and August of this year.

And so long as you further pay at least 25 percent of the rent due between September of this year and January of next year, then you cannot be evicted for unpaid rent for that period, either.

While this bill will give tenants some room to breathe, it is not permanent. As of now, the protection for evictions lasts only until February 1, 2021.

That’s why we’ve been continuing to advocate for action from the federal government to help protect renters. We have made remarkable progress in helping more Californians keep a roof over their heads during this emergency, but even a state as large and influential as ours cannot tackle a national crisis on our own.

We continue to ask the federal government to help us protect renters and homeowners, as well as other important steps like extending unemployment insurance and fully funding essential services like health, nutrition, education, and childcare. We have also asked for support for state and local governments that are battling COVID-19 and facing difficult choices about their budgets.

Without federal support for renters and homeowners, anyone out of a job, behind on their housing payments, or struggling with medical bills will potentially face the prospect of losing their home. That’s not right, it’s not fair and it’s not good for our economy or communities.

Investing in our renters can make a big difference around the country. It would help stabilize the housing market, help America recover from the devastating economic impacts of the pandemic, and keep people in their homes.

No matter what happens in this election or in D.C., California will keep doing everything in our power to help everyone stay safe, healthy and housed during this crisis – because all Californians deserve a place to call home.

You can find more information about your rights and get access to low- or no-cost legal help at https://lawhelpca.org/

Gavin Newsom is the Governor of California, formerly Lieutenant Governor of California and Mayor of San Francisco. Governor Newsom is married to Jennifer Siebel Newsom. Newsom has been a pioneer on same-sex marriage, gun safety, marijuana, the death penalty, universal health care, access to preschool, technology, criminal justice reform, and the minimum wage, which has led to sweeping changes when his policies were ultimately accepted, embraced, and replicated across the state and nation.

The article is published with permission from the original author

Featured Image by Gage Skidmore.

Can’t Pay Rent? You’re Out!

More than 20 million renters who are unable to pay rent are at risk of eviction as $600 weekly federal subsidies and eviction moratoriums that gave temporary relief expire on July 30.

As lawmakers spar over extended unemployment benefits, millions of displaced workers who relied on federal aid in the midst of the pandemic, now face the specter of personal bankruptcy and impending eviction from their homes as their safety nets disappear  in the midst of the continuing recession.

Earlier this year, when the pandemic totaled much of the US economy, lawmakers gave laid off workers a lifeline in the form of the Cares Act providing  $600 a week in unemployment benefits. That weekly federal supplement week enabled many displaced workers to afford to pay their rent and other bills, but that federal money stops this weekend.

According to a CNN business report, more than 44 million furloughed and out-of-work Americans filed for unemployment benefits since March this year.  That lifeline is due to disappear by end July with the Senate in disarray on how to resolve the relief package, forcing a housing crisis upon tenants who cannot make their rent.

In a double whammy, federal eviction bans offering COVID-related rent relief protection from evictions for renters living in homes with federally backed mortgages also lapse this month.

The Federal Housing Administration (FHA) had responded to the COVID-19 pandemic by halting evictions of renters living in properties they finance and providing aid for an estimated 12 million rental units, some with federally guaranteed loans. Even so, only 25% of eligible renters received housing subsidies. That safety net ended on July 24.

Millions of vulnerable out-of-work Americans now face a precarious prospect. They could be kicked out of their homes with no reprieve in sight, as a merciless pandemic continues to ravage their lives and livelihoods even as COVID-19 restrictions  require them to shelter-in-place to control the coronavirus.

In an interview with NPR, Diane Yentel, president of the National Low Income Housing Coalition, expressed concerns that “without a sustained federal intervention, there will be a wave of evictions and a spike in homelessness across the country.”

At a July 17th ethnic media briefing hosted by Ethnic Media Services, housing policy experts and advocates shared insights on the looming threat of mass evictions and identified measures that could protect tenants and at risk populations.

Who is Affected?

Experts are predicting “a tsunami of evictions nationwide,” as the pandemic exposes and deepens racial and economic inequities in American communities,

The housing crisis that already existed was exacerbated by the pandemic, said Dr.Emily Benfer, a visiting professor at the Wake Forest School of Law, and renters of color will bear the brunt of its impact.

“Between the scarcity of federal housing assistance and the loss of over 4 million affordable housing units over the last decade,” renters were increasingly vulnerable to eviction coming into the pandemic, she explained, “with seven evictions being filed every minute in 2016.”

Dr Benfer, the principal investigator in a nationwide study of COVID-19 eviction moratoriums and housing policies, confirmed that renters were experiencing increased financial hardship during the pandemic.

“50 million renters today live in households that suffered COVID-19 related job loss or income loss,” she stated, ”with 40 percent of that occurring in especially low income households.” The high demand for rental assistance meant that “programs were being exhausted within minutes of being opened.”

She noted that food pantry requests had increased “by as much as 2000% in some states,” which meant that renters were really financially stretched to pay their rent and had limited  resources for other necessities like food and healthcare. Nearly 31.6% had low confidence in their ability to pay rent during the pandemic while many were using credit cards or taking loans to make ends meet.

An analysis of findings from the Household Pulse Survey, estimated that almost 16.9 million households, many with families and children, are unable to pay rent and risk eviction. One in four households reported they were late on rent and mortgage payments, and, the highest insecurity rates were recorded in states where eviction bans had already expired. Nearly 60% of landlords surveyed by the American Apartment Owners Association  confirmed their tenants are unable to pay rent because of the coronavirus.

Communities of color have been hit the hardest as benefit checks and housing relief measures vanish. They have experienced COVID-19 related infection, death and job loss at a higher rate than other demographics said Dr. Benfer. Almost 73% of black renters said they lacked emergency funds to cover expenses for three months and 61% of Hispanic renters said they had experienced COVID19-related wage and job loss.

Small  property owners who lack the financial cushion to sustain non-payment of rent, but who own nearly 22.7 million rental units in the country, will be affected, predicted Benfer, citing a Harvard University estimate that almost 20% of renters in these properties will have difficulty paying rent. The impending decline in rental payments will cripple the affordable housing market, and small property owners who cannot find new tenants are likely to take rental units off the market and repurpose them, further depleting the affordable housing market, she added.

As moratoriums expire and evictions are filed (80 thousand are expected in Michigan, for example), most court cases have moved to remote hearings, but it raises question said Benfer, about how people with limited computer or phone access and language barriers, will get a fair hearing.  Tenants rights advocate Nisha Vyas added that in California, landlords are represented by attorneys in the vast majority of eviction filings, yet, even if tenants have a strong case but no attorney, they will likely lose their case.

The Impact on Renters

“Evictions have negative consequences, warned Benfer. Being evicted takes a disproportionate toll on the financial wellbeing of renters; it will send credit scores, employment and academic prospects into a downward spiral; residential instability and homelessness will contribute to downward mobility forcing families into housing of substandard quality or crime-ridden neighborhoods, and the inability to access social services will leave many without a safety net.

Even receiving an eviction notice can increase stress and severely impact health outcomes, advised Benfer, referring to studies that document how eviction increases rates of respiratory diseases, mortality, depression, and suicidal ideation, while children become susceptible to early drug use, teen pregnancy and adverse childhood experiences.

Evicted families will be forced into overcrowded housing or homeless shelters, warned Benfer, which are spaces that will not allow them to safely social distance and puts people at risk of greater exposure to COVID19. “Evictions are likely to lead to a 20 to 40% increase in homelessness,” added Dr. Margot Kushel, Professor of Medicine at San Francisco General Hospital and Trauma Center and the Director of the UCSF Center for Vulnerable Populations, and many people “fall from eviction directly into homelessness.”

“Ultimately” Benfer pointed out, “the pandemic has magnified and heightened the socio-economic divide, and the health and racial disparities,”  shredding the already threadbare safety net for vulnerable communities in America.

Housing Relief Measures

Policy makers are introducing bills to ease the hardships that tenants face during the pandemic. Senator Kamala Harris introduced the Relief Act to ban evictions and foreclosures for a year for tenants and homeowners. Senator Elizabeth Warren introduced the “Protecting Renters from Evictions and Fees Act,” to broaden the eviction moratoriums in the CARES Act and protect all renters for a full year, while HHS Secretary Alex Azar renewed the COVID-19 national public health emergency declaration, effective July 25.

The Children’s Defense Fund urged Congress to intervene and provide housing assistance on behalf of millions of children who could lose their homes, while the National Housing Law Project  together with a coalition of 100 other organizations, sent a letter to HUD to use its legal authority to protect low-income renters.

Landlords are also looking for creative ways like lease guarantees, to shield against non-payment of rent.

The House of Representatives passed the Emergency Housing Protections and Relief Act of 2020, which would appropriate $100 billion for direct rental assistance, but the Senate continues to stall on a new coronavirus relief bill.

State Sponsored Interventions

Maryland State delegate Kumar Barve  told the panel that his committee  had urged Governor Larry Hogan to extend the eviction moratorium until January 2021 so as to craft a more permanent public policy response on housing relief for affected residents and avoid the potential for largescale social disruption.

”Evicting 10 percent of the population would be a humanitarian catastrophe” he said.

In California, due to dramatic increases in unsheltered homelessness during the pandemic, Governor Newsom launched Project Roomkey, to secure thousands of hotel and motel rooms to protect homeless people from Covid-19, stated Dr. Kushel. The initiative has successfully housed over fifteen thousand homeless individuals so far. The newly launched Project Homekey will provide $600 million to acquire properties and convert them into interim or permanent, long-term housing.

Sonoma County small business owner Akash Kalia described how the hospitality industry could make a social impact in the housing crisis. In 2015, he converted his family’s 104 unit motel ‘The Palms,’ into permanently supportive housing for homeless veterans and chronically homeless civilians. Robust, cost effective services provided on site – weekly food distribution, mobile health clinic and therapy – ensure that sustainable housing is maintained for this vulnerable population.

Meanwhile, as of April 1st, more than 80 cities and counties have adopted tenant protections including temporary bans on evictions said Vyas, a senior attorney at Western Center on Law  & Poverty. Her firm is co-sponsoring a Tenant Protection Bill  (AB 1436) designed to give tenants a fair chance to pay rent owed and for landlords to pursue unpaid rent through the civil actions rather than an eviction process.

Who’s to Blame?

Vyas cautioned against using the term ‘tsunami’ to describe the looming threat of mass evictions. “I want to be really clear that this is not a natural disaster. It will be a disaster of our own making.”

How will we recover?

Unquestionably  the housing crisis needs a humanitarian response. The Heroes Act is still stalled in the Senate awaiting approval for a second round of stimulus checks, even as the deadline draws near.

Will lawmakers use this opportunity to ensure that the new post pandemic reality that Dr. Benfer hopes for,  is one in which “health justice, racial justice and housing justice are realized?”

Time is running out.

Meera Kymal is a contributing editor at India Currents

Image by Tumisu from Pixabay

Image 2 credit: Photopin