We Rebuild

The CDC froze evictions. How that could just make more problems for Boise-area renters

To avoid worsening a housing crisis during a pandemic, advocates and industry leaders wanted action from government officials.

Ali Rabe, executive director of Boise eviction-prevention nonprofit Jesse Tree, wanted to see rents and mortgages canceled. Paul Smith, executive director of the Idaho Apartment Association, wanted to see better rental assistance.

What they got instead was a moratorium on evictions from the Centers for Disease Control and Prevention. The CDC is allowed to take steps such as the moratorium to help prevent the spread of disease. The order, signed by the CDC director and in effect until the end of the year, says preventing evictions could do just that.

Rabe and Smith say the order is flawed, and they’re worried about what could happen on the other side of the moratorium. The problem is that the moratorium doesn’t provide financial relief for renters or their landlords — it just delays them.

“This definitely could have been better,” Rabe said.

Idaho hit a new high in eviction cases last week since the start of the pandemic, according to numbers tracked by Jesse Tree and shared by Rabe. When the state’s suspension of nonessential court cases expired, eviction numbers spiked to 62 cases across the state. Since then, the state has averaged around 40 total eviction cases each week, with another spike last week as 67 cases were scheduled.

Eviction cases spiked after the $600 weekly federal supplements to state unemployment benefits ended in late July, about the same time as the eviction moratorium put in place by the CARES Act, Rabe said.

“I think those benefits were the big reason we weren’t seeing much larger numbers across the state,” she said.

Rabe said she anticipates that the number of hearings will start to fall as people begin to take advantage of the CDC moratorium, but even then people may not know they are able to use it. The fact that people must declare their need, combined with misinformation about what the moratorium actually means for renters, causes Rabe concern.

“My worry is just that folks might not pay their rent and think it’s forgiven, not knowing the full implications of that,” Rabe said. “If the moratorium isn’t extended, I think we’re going to see a lot of eviction hearings in January.”

Better alternatives

Up to $15 million in rental assistance money is available in Idaho through the Idaho House and Finance Association, but it requires a significant amount of documentation that Rabe and Smith say some renters just don’t have access to.

Jesse Tree is able to give rental assistance and says it requires less documentation than Idaho Housing and Finance Association assistance does, but even with grants it has won recently, it is hard to help every renter who needs it, Rabe said.

She said she would have preferred a full cancellation of mortgages and rents, backed by the government, “so we’re not just delaying the crisis.” She said a full forgiveness would have been “a bit more effective.”

Rabe said she hopes the next stimulus package to make its way through Congress will contain more explicit rental assistance with fewer requirements for those who need it.

“Sometimes, when people are in crisis, it’s hard for them to get pulled back together,” she said. “More flexible funding would be very helpful.”

Smith agrees that rental concerns could be handled better. He said he preferred an expanded rental assistance program to make sure people can stay in their homes and landlords can afford their bills.

In some other states, Smith said, renters can go to their landlords with concerns about payment. Then, the landlord can seek help from rental assistance programs. In Idaho, it’s the tenant, not the landlord, who must apply for rental assistance.

“Some tenants are not able to jump through those hoops to get rental assistance themselves,” Smith said. “That creates a problem for landlords still on the hook. They still have to pay their bills.”

Smith said that another stimulus check, like the $1,200 most Americans received this spring, would be a better solution than what’s currently in place.

“Any time you can get money into the hands of renters so they can pay their rent and stay in their homes, that’s helpful,” he said.

What is the moratorium, anyway?

The CDC moratorium does not apply to all renters. To be eligible, renters must declare that they meet the following criteria:

  1. They must have taken their best efforts “to obtain all available government assistance for rent or housing.”
  2. They expect to earn no more than $99,000 as an individual this calendar year ($198,000 if filing a joint tax return) or were otherwise not required to report their 2019 income to the IRS.
  3. They are unable to pay for their full rent or housing apartment because of a loss of work or “extraordinary out-of-pocket medical expenses.”
  4. They must do their best to make “timely partial payments”
  5. Eviction “would likely render the individual homeless or force the individual to move into and live in close quarters in a new congregate or shared living setting.”

Landlords are still able to evict renters for other reasons.

Rabe said landlords can still file against tenants in small claims court for rent unpaid, which could mean a renter’s wages could be garnished. She said Jesse Tree, which offers rental assistance for those with the greatest need and counsels people on housing needs, is trying to educate tenants to stay as current as they can on their leases.

Smith said people who don’t stay up on their rent also risk late fees and a variety of other costs. He said the Idaho Apartment Association is advising its members to work on payment plans with renters and connect them with rental assistance.

What to know if you need rental help

If you need help paying your rent, there are several options.

If you have children in your home, you can call 211 and ask for rental assistance. You can also call Jesse Tree’s housing crisis hotline, 208-383-9486. Jesse Tree can provide rental assistance, counsel you on next steps or connect you with IHFA’s assistance program.

The IHFA program has $15 million available to help Idahoans struggling with rent or utilities because of COVID-19. You’ll need to complete an application and provide a photo ID, a copy of your lease and proof of income. Landlords can help tenants apply.

“It’s not a complicated process, and we encourage people to apply” said Jason Lantz, director of marketing and communication for IHFA, by phone.

To learn more, go to https://www.idahohousing.com/hpp-faq/.

Smith and Rabe said there are ways to advocate for yourself to stay in your home.

  • Communicate with your landlord about what’s going on and try to stay as current as possible on your rent. Don’t just quietly not pay it. Smith said most landlords will try to work with renters.
  • Review your budget and assets to figure out what you can pay. If possible, Smith suggested a loan or a second job.
  • Ask your landlord to set up a payment plan. (Jesse Tree has advice on its website to make the process easier.)
  • Ask your landlord to consider waiving the remainder of the rent considering current economic circumstances.
  • Reach out to your friends, family and networks who may be able to provide temporary help.

This story was originally published September 10, 2020 at 10:44 AM.

Hayley Harding
Idaho Statesman
Hayley covers local government for the Idaho Statesman with a primary focus on Boise and Ada County. Her political reporting won first place in the 2019 Idaho Press Club awards. Previously, she worked for the Salisbury Daily Times, the Hartford Courant, the Denver Post and McClatchy’s D.C. bureau. Hayley graduated from Ohio University with degrees in journalism and political science.If you like seeing stories like this, please consider supporting our work with a digital subscription to the Idaho Statesman.
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