An eviction moratorium is available through the end of the year for residential tenants who file a simple declaration with their landlord, thanks to a federal order.
The new policy means tenants will not lose their homes in a public health emergency, if their income has been affected by the COVID-19 pandemic.
But the stay on evictions through Dec. 31 is only moving the problem down the line a few months, according to local housing advocates. And landlords say they could be in financial danger as well, because although the federal order makes it clear that the rent is still due, it might be impossible for tenants to catch up.
In addition, some tenants may view the moratorium as a chance to stop paying rent, knowing they can’t be evicted, said Keith Fernandes, president of the 500-member Providence Apartment Association, where most landlords are small-scale property owners.
“Most people know if a tenant is not going to pay the $900-a-month rent, by the time this is over and they owe $5,000, there is just no way [the landlord is] going to get it,” Fernandes said.
The move toward a temporary ban on evictions started with an executive order by President Donald Trump on Sept. 1. The Centers for Disease Control and Prevention followed with an order that includes a declaration for tenants to give to landlords to temporarily stop an eviction.
Tenants must meet certain conditions, including yearly income of less than $99,000 for a single person. They must have lost a substantial amount of income due to the pandemic and would likely face homelessness if evicted. Tenants then notify their landlord, and this stops the clock on evictions.
On Sept. 4, the state District Court issued its procedures for complying with the new federal order. By Sept. 7, it had already had two tenants file for the moratorium. More are expected.
In cases that have not yet reached the court, the landlord will have to attest that he or she hadn’t received a declaration from a tenant, before filing for an eviction order.
It wasn’t immediately clear how the federal order will affect state legislation filed last month that would implement a moratorium on evictions and mortgage foreclosures.
Brenda Clement, executive director of Housing Works RI at Roger Williams University, said while the federal eviction order puts a temporary solution in effect, it doesn’t get at the issue driving evictions – loss of income. An effective policy would provide rental assistance, she said.
“It solves an immediate issue about keeping people safe,” she said. “[But] it just kicks the can down the line because it’s not also coupled with rental assistance. The money is still owed. What is the plan when moratoriums end? How are people going to continue to pay the back rent?”
And, like Fernandes, she said the result could be a spike in foreclosures.
Fernandes said most rental property owners in his association have mortgage payments that require timely rent collections. Many are already dipping into personal savings to stave off defaults, he said.
The Rhode Island courts should require tenants to verify what they’re saying is true, Fernandes said. Right now, the court is taking tenants at their word, he said.
Mary MacDonald is a PBN staff writer. Contact her at Macdonald@PBN.com.
