Negotiations between a divided Democratic party are threatening to undermine the hard work NAHRO and its members have done to ensure housing is included in infrastructure legislation. The Washington Post reported on Saturday that these critical housing investments “may prove among the first to hit the cutting room floor.” Your voice is urgently needed right now to tell your members of Congress and the White House that this is unacceptable.
The $3.5 trillion Build Back Better Act is stuck in the House of Representatives as leadership tries to gather votes for the Bipartisan Infrastructure Framework (BIF), which is a related piece of President Biden’s “Build Back Better Agenda.” The Build Back Better Act is a once-in-a-generation opportunity to preserve and create affordable housing that currently includes $80 billion for public housing, $75 billion for Housing Choice Vouchers, $40+ billion for HOME and CDBG, and billions more for other essential programs. These essential housing infrastructure investments are at risk of being cut from negotiations entirely. We cannot let this happen! We must tell Congress and the White House not to miss this opportunity to help the lives of millions of Americans.
Visit NAHRO’s Advocacy Action Center to send a pre-drafted letter in support of housing is infrastructure. To make your letter more powerful, add personalized stories about what the funding would mean to you, your residents, and your community. Together, our advocacy can help bring this bill across the finish line. Help us send 5,000 letters this week to Congress and the White House – send your letter today!
The NAHRO team will continue to provide real-time updates on where negotiations stand in the coming days, with detailed information provided during the 2021 NAHRO Online National Conference and Exhibition next week. Don’t miss this unique opportunity to hear from NAHRO experts and affordable housing industry thought leaders at this historic time. Join hundreds of fellow affordable housing and community development professionals from across the country at the 2021 NAHRO Online National Conference and Exhibition – click here to register!
On Thursday, August 26, the United States Supreme Court vacated the stay that has allowed the current CDC eviction moratorium to continue. The order vacating the stay and dissent arguing to keep the stay can be found here. It confirms lower court decisions that the CDC did not have statutory authority to impose a nationwide eviction moratorium and states, “If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it. The application to vacate stay presented to THE CHIEF JUSTICE and by him referred to the Court is granted.”
The Court order placed considerable responsibility on Congress to act on a federal eviction moratorium, “It is up to Congress, not the CDC, to decide whether the public interest merits further action here. And Congress was on notice that a further extension would almost surely require new legislation, yet it failed to act in the several weeks leading up to the moratorium’s expiration.”
NAHRO continues to meet and work with HUD to develop solutions that will provide housing authorities the flexibility to minimize local evictions and will provide additional information when it becomes available. NAHRO encourages housing authorities, landlords, and tenants to work together to avoid COVID related evictions and to review HUD’s Eviction Prevention and Stability Toolkit for information and best practices. A White House Fact Sheet has also been released that provides additional actions that are being taken to prevent eviction and increase access to emergency rental assistance funds.
On August 3, 2021, Dr. Rochelle Walensky, Director of the Centers for Disease Control and Prevention (CDC), signed an order halting evictions between August 3, 2021 and October 3, 2021 in areas rapidly increasing COVID cases. The order is very similar to the previous CDC eviction moratorium that was in place from September 4, 2020 through July 31, 2021 as definitions of “covered persons” and “eviction” remain the same. Additionally tenants that have already signed a Declaration Form do not need to sign a new one and new declaration must be accepted in applicable areas.
The major change is where the August 3rd eviction moratorium applies, “This Order applies in U.S. counties experiencing substantial and high levels of community transmission levels of SARS-CoV-2 [COVID] as defined by the CDC, as of August 3, 2021.” During comments at the White House today, President Biden said that the new CDC eviction moratorium would cover about 90% of renters. On CDC COVID Data Tracker, the community transmission rate for individual counties can be found. The new eviction order allows for the applicable counties to change. The order will apply to counties that enter substantial or high community transmission levels after August 3, 2021, on the date the county enters substantial or high level. Counties that are no longer experiencing high or substantial levels of community transmission for 14 consecutive days will no longer have the order apply to them unless they again experience substantial or high levels of community transmissions while the order is in effect.
NAHRO supports the CDC putting in place a modified eviction moratorium until October 3 which will allow for continued and additional emergency rental assistance program (ERAP) funds to reach eligible tenants and landlords. NAHRO encourages the Administration, Congress, ERAP grantees, landlords, and tenants to work together to simplify and streamline the distribution of ERAP funds to eligible tenants and landlords so the eviction moratorium is not needed after October 3, 2021. NAHRO also encourages the Treasury Department and ERAP grantees to engage HUD and the thousands of local Public Housing Authorities to maximize the outreach and communication to eligible landlords and tenants.
Despite efforts from House Democratic leaders to extend the federal eviction moratorium, which expires Saturday, July 31, no vote was issued to extend the order as of Friday afternoon. Earlier this week, House Speaker Nancy Pelosi (D-Calif.) publicly advocated for the Biden administration to act unilaterally to protect renters at risk of eviction due to the ongoing coronavirus pandemic.
About 11 months ago, the Centers for Disease Control and Prevention (CDC) enacted the federal eviction moratorium to prevent the spread of the deadly virus among families and individuals that could be at high risk if made homeless through eviction. The public health measure has been extended on several instances, with the last extension made in June. The moratorium offered uniform protections to renters across the nation.
With the COVID-19 delta variant surging across the nation, now is not the time to put vulnerable families at risk by ending the eviction moratorium. NAHRO calls on Congress and the Administration to extend the moratorium through at least the end of September 2021.
Whether or not the eviction moratorium expires, NAHRO’s housing agency members remain committed to using every available resource to keep as many people in their homes as possible. Nationwide, NAHRO members continue to work with their residents and with local and national partners to provide support and aid – especially to those who have been most impacted by the pandemic. We are continually looking for new and better ways to help.
The Emergency Rental Assistance Program is a vital and cost-effective tool to help people stay in their homes. As Treasury, HUD, and state and local entities work to distribute these much-needed funds as quickly as possible, we also look forward to the passage of a robust FY 2022 HUD budget and additional housing resources that will further help to provide the safety and stability of a home to all who need it.NAHRO Interim CEO Mike Gerber statement on extending the eviction moratorium and quickly distributing Emergency Rental Assistance Program funds.
As more information is released on the status of the eviction moratorium, NAHRO will continue to provide updates.
On June 29, 2021, the United States Supreme Court, in a 5-4 decision, allowed a stay of a US District Court order vacating the Centers for Disease Control and Prevention (CDC) Eviction Moratorium to stay in place. This means that the recently extended CDC Eviction Moratorium will remain in effect until July 31, 2021.
Justice Kavanaugh in a short opinion stated that, “the Centers for Disease Control and Prevention exceeded its existing statutory authority by issuing a nationwide eviction moratorium.” Justice Kavanaugh further went on to say that because July 31, 2021 is only a “few weeks” away and those weeks will allow for additional time to distribute the Emergency Rental Assistance Program funds appropriated by Congress; therefore, Justice Kavanaugh voted to deny the removal of the stay.
NAHRO encourages PHAs, property owners, and landlords to use the resources available in HUD’s updated Eviction Prevention and Stability Toolkit to work with the residents to minimize evictions.
On June 24, the Director of the Centers for Disease Control and Prevention (CDC), Dr. Rochelle Walensky, signed an extension of the CDC order halting residential evictions due to non-payment of rent. The CDC eviction moratorium is now in effect until July 31, 2021, a one-month extension.
Existing and new tenant declarations are in effect until July 31, 2021. A CDC statement further provided that the CDC intends this to be the final extension. In preparation of the end of the CDC eviction moratorium on July 31 ,2021; PHAs, property owners, and landlord are encouraged to use the resources available in HUD’s updated Eviction Prevention and Stability Toolkit to work with the residents to minimize evictions.
Additionally, the White House released Fact Sheet: Biden-Harris Administration Announces Initiatives to Promote Housing Stability By Supporting Vulnerable Tenants and Preventing Foreclosure. The fact sheet highlights a number of actions that the Administration is taking to help state and local governments prevent evictions with a focus of local court eviction diversion programs and speeding the process of distributing emergency rental assistance funds.
On June 17, 2021, NAHRO along with its industry partners—CLPHA, PHADA, and the MTW Collaborative—jointly issued a statement on universal housing vouchers. Only one in five low-income households that are eligible to receive housing assistance can be served by existing programs due to limited funding. The statement discusses the need for additional rental assistance to address housing instability and prevent homelessness. The statement also discusses the strengths of the voucher program in providing scalable assistance that is proven and effective.
The full statement is can be view here.
The President’s full FY 2022 budget proposal released May 28, provides additional details to the topline numbers outlined by the Administration in April. Overall, the President proposes to increase HUD funding by 15%, focusing increases core programs, climate change resiliency, disinvested communities, and HUD staff capacity.
The Administration proposes full funding for Section 8 On-going Administrative Fees, which HUD estimates to be $2.79 billion. In addition to fully funding Admin Fees, the President calls for an additional $490.7 million in Admin Fee for PHAs to use for mobility-related social services. If funded, it would be the first time since FY 2003 the full cost of operating the voucher program has been met. NAHRO commends the Administration for the recognition of the work that PHAs are doing in communities and the resources needed to continue those vital services.
NAHRO is glad to see the Administration’s support for affordable housing and community development reflected in the FY 2022 proposed budget. This 15% increase in HUD funding includes a significant increase for the public housing capital fund to preserve existing affordable housing, $500 million more for the HOME Program, which will build more affordable housing, and an increase in resources to support the Housing Choice Voucher Program. These are all vital steps in helping to house our nation’s families, seniors and children.NAHRO President Sunny Shaw, in response to the budget proposal
A federal judge has set aside and vacated the eviction moratorium put in place by the Centers for Disease Control and Prevention (CDC). On May 5, Judge Dabney Friedrich of the United States District Court for the District of Columbia issued an opinion that was narrowly focused on one question, “Does the Public Health Service Act grant the CDC the legal authority to impose a nationwide eviction moratorium?” Judge Friedrich answered the question, “It does not” and further explains that the CDC and the Secretary of the U.S. Department of Health and Human Services exceeded the authority granted to them by the Public Health Service Act by issuing a nationwide eviction moratorium.
Judge Friedrich’s opinion can be found here. PHAs must continue to follow all local (state, county, city) eviction moratoriums and local landlord tenant laws. NAHRO will continue to follow this case and share additional information as it becomes available.
UPDATE (5/5/2021, 2:26pm ET) – The US Justice Department is appealing to the United States Court of Appeals for the District of Columbia Circuit the US District Court’s order vacating the CDC eviction moratorium.
UPDATE (5/5/2021, 3:31pm ET) – The US Justice Department has issued a statement respectfully disagreeing with the District Court’s decision and confirming that they have filed a notice of appeal of the decision. The statement is available here.
UPDATE (5/6/2021, 8:48am ET) – Judge Friedrich has issued an administrative stay putting her order vacating the CDC eviction moratorium on hold. The court will allow both parties to submit briefs against and in support of the stay and will then make a further decision on to keep the stay in place or not. As of this update, the CDC eviction moratorium remains in effect.