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Although the Center for Disease Control and Prevention (CDC) extended the eviction moratorium through June 30, 2021, tenants in West Tennessee who are behind on their rent can’t rely on the moratorium to delay or protect them from eviction proceedings, according to a news release from West Tennessee Legal Services.
A 120-day eviction moratorium was initially included in the CARES Act passed by Congress in March 2020. The CDC and the U.S. Department of Health and Human Services (HHS), extended the temporary halt on evictions September 4, 2020, by issuing a Halt Order through December 31, 2020 due to an urgent public health concern: homelessness increases both community and individual exposure to COVID-19. Congress later passed the Consolidated Appropriations Act, which extended the moratorium to January 31, 2021. The CDC issued a new order January 29, 2021, extending the eviction moratorium through March 31, 2021. The CDC issued a new order on March 28, 2021 temporarily halting residential evictions to prevent further COVID-19 spread through the end of June 2021.
A Memphis federal judge ruled March 14, 2021, that the CDC overstepped its authority in issuing the eviction moratorium to stop evictions for nonpayment of rent. The case, Tiger Lily, LLC et al. vs. United States Department of Housing and Urban Development et al. No. 2:20-cv-02692-MSN-atc, brought by Glankler Brown lawyers, Josh Kahane and Aubrey Greer, was the first case of its kind filed anywhere in the United States on behalf of a broad and diverse coalition of business organizations and individuals owning and managing apartment complexes, duplexes, townhomes, and single-family residences. The Tiger Lily Plaintiffs argued that the government action exceeded its authority, was arbitrary and capricious, and infringed upon constitutionally protected liberties.
“The Court’s ruling is both of national significance and fundamental importance. We are grateful to Judge Norris for his reasoned decision which puts an end to the serious and unlawful infringement on constitutional standards and fundamentally protected rights,” noted Josh Kahane of Glankler Brown PLLC who served as Lead Counsel for the Tiger Lily Plaintiffs.
“We are a country of laws and the current health pandemic does not relieve the government of its responsibility to comply with those laws,” added Aubrey Greer, co-counsel for the Tiger Lily Plaintiffs.
This order, issued by the U.S. District Court for the Western District of Tennessee, Western Division, has been appealed to the U.S. Sixth Circuit Court of Appeals. The Sixth Circuit denied a stay of execution March 30, which would have delayed enforcement of the district court’s order until the case was heard.
The denial of the stay means the district court order is in effect. Even if it is later set aside by the appeals court, the eviction moratorium is currently no longer enforceable in West Tennessee.
Tens of millions of Americans have experienced job loss, reduced hours, and reduced income due to COVID-19. While tenants remain responsible for rent even when evictions have been postponed due to a moratorium, evictions for nonpayment of rent can hurt families, landlords, and the larger community in situations where there are other options. For tenants and their families, evictions are a traumatic loss that deeply affects mental and financial well-being. Families who are evicted regularly lose their possessions, lose their jobs, and experience higher rates of depression.
For children, the instability caused by evictions has been shown to result in worse outcomes in education, health, and future earnings, which not only hurts the children but the entire community for years to come. Eviction proceedings are expensive and time-consuming for landlords.
Landlords who evict otherwise good tenants for nonpayment of rent are not only out the legal costs of eviction; they are also unlikely to ever recover unpaid rent post-eviction, and their property may remain occupied and can’t be rented to anyone else during the eviction process.
Rental assistance is available and increasing, which can benefit both tenants and landlords. The Tennessee Housing Development Agency is currently helping eligible families with rental assistance. The application can be found at https://thda.org/help-for-renters-section8/covidrentrelief or by calling 844-500-1112 during call center hours of 7am to 8 pm CST. Congress recently approved additional rental assistance that will soon be available to those in need. New Emergency Solutions Grants (ESG) awarded to various agencies throughout West Tennessee to help people experiencing housing crisis related to COVID-19 are in the process of being finalized, and other funding is anticipated to assist with housing costs, including money to help for people who are behind on their rent, utilities, or mortgages, as well as relocation expenses. More information on these additional funding sources, including eligibility criteria, will be provided as it becomes available.
Tenants who are behind on rent and at risk of eviction should seek help without delay by contacting their local Legal Services Agency or visiting www.renterdefender.org.
Individuals located in Haywood, Dyer, Lake, Obion, Weakley, Henry, Benton, Carroll, Gibson, Crockett, Henderson, Decatur, Hardin, McNairy, Hardeman, Madison, and Chester Counties should contact West Tennessee Legal Services at 731-423-0616 ext. 250.