Tag: Fair Housing

Eviction Part 2: The Eviction Moratorium, CARES Act and More

Posted on November 2, 2020 by - Uncategorized

This is part two of a two-part series that takes an in-depth look at evictions and how they contribute to the health of Central New York, particularly during the COVID-19 pandemic, which has led to a financial crisis for many families. Read more to see how both renters and landlords can avoid evictions and create a better region with higher property values, safer housing and more economic opportunities. Click HERE to read the first part of the series.

Evictions aren’t always avoidable, but in some cases the tenants and landlords just need more information in order to prevent a disaster. Along with ensuring access to safe housing and preventing homelessness, helping residents avoid evictions in Central New York is a major goal for both the Volunteer Lawyers Project of Onondaga County (VLP) and The Syracuse Tenants Union (STU). Both organizations are distributing information and offering counsel to help tenants live in sustainable housing and avoid red marks on their housing resumés, especially during this turbulent time of a national pandemic and financial crisis.

STU is in the process of creating a tenants’ handbook that gives specifics to rental property tenants on how to make sure they are protected. The handbook, which is currently in production, offers a comprehensive list of what the tenants should know, including a description of their rights, how to seek legal counsel before they have a problem and the importance of keeping receipts and documenting interactions with landlords and Code Enforcement.

VLP offers trainings and legal counsel to residents facing eviction, as well as representation in court. If landlords assist their tenants by recommending counsel from VLP, they often can work out an agreement in which no one ends up in court. “The big goal for us is homelessness prevention,” said Sally Curran, executive director of VLP.

There are many complex laws and proceeds that the two organizations can help residents navigate.

For instance, the 2019 Housing Security and Tenant Protection Act was put into place to help families avoid homelessness and desperation by giving them additional time to plan prior to eviction. The new act gives tenants a 14-day warning, then 10-17 days of notice, a 14-day court adjournment and finally 14 days for tenants to leave. The act was designed to help residents comfortably relocate after researching a new property and building up funds. Previously, tenants were only allowed a few days of nonpayment before eviction proceedings began.

Any eviction can create issues if the tenant tries to rent or buy in the future. The eviction process for both tenants and landlords is time consuming and has major cost implications. Landlords nearly always have legal representation, yet the tenants rarely have counsel because they often can’t afford it. The outcome is that tenants, even if they show up to plead their case, may owe many months’ worth of back rent. The tenants will be asked to present documentation and receipts, yet without them they may not be able to prove hardship. “Having representation in court substantially changes the outcome for the tenants,” said Curran. “The misbalance of power without legal representation becomes really profound.”

After an eviction, tenants may owe thousands in back rent, but that could potentially be reduced if they have access to legal counsel. They also may not receive their hefty security deposit back (even if the code violations existed before they moved in originally), making it that much harder to find a new home. This is how a family may hurriedly choose another poorly kept property and continue the cycle of unreliable housing, putting their confidence and well-being at further risk.

The New York State Tenant Safe Harbor Act, which was established during the COVID-19 crisis to place a temporary moratorium on evictions, is not a free ride. It simply means that you can’t be evicted until after the pandemic crisis has passed. The moratorium is helpful in that it is specifically designed to keep people out of a homeless situation during a pandemic. According to the moratorium, which started on March 16, 2020, no renter who is unable to pay their rent due to circumstances caused by COVID-19 will be evicted until Governor Cuomo changes the terms. The end date of the moratorium has been pushed forward to January 1, 2021 at the time of this article’s release.

The moratorium is not a rent waiver, despite popular belief. If a tenant can pay their rent, then they should pay. At the end of the moratorium, VLP expects that its services will be even more necessary because these renters will need to provide documentation in court proving that it was an unavoidable hardship that caused their non-payment.

Regardless, tenants must pay their unpaid rent at some point. The Act states: “A court can never use unpaid rent that accrued during the COVID-19 period as the basis for a non-payment eviction of a financially burdened tenant; however, a court could impose a money judgment.” While the moratorium is helpful, there’s little chance that people can navigate this information well. Palmer Harvey of The Syracuse Tenants Union states, “The written legal terms of the moratorium don’t make sense to the average person. They need a version in laymen’s terms.” There are currently one million people in NYS who need rental assistance.

In addition, the Coronavirus Aid, Relief, and Economic Security (CARES) Act may also provide additional funding to offset the burden of unpaid rent. The CARES Act was passed by Congress and signed into law on March 27, 2020. This economic relief package delivers this administration’s commitment to protecting the public from the health and economic impacts of COVID-19. The CARES Act provides economic assistance for workers, families and small businesses. The CARES Act should help those who are able to sufficiently document their inability to pay their rent, but with so many in New York State who need rental assistance, the money could run out. Having legal representation for an eviction moratorium case will benefit the tenant greatly.

Legal representation from a case manager will reduce confusion around what could be a messy legal situation. Avoiding evictions, especially during a pandemic, helps to create a safe and healthy community for everyone, including landlords.

Landlords can help by addressing a situation before it turns into a legal undertaking; everyone will save time and money. Landlords can refer their tenants to VLP to speak with a case manager. Additionally, on September 14, 2020, Syracuse passed an additional renter protection: Now, landlords who have failed to register their one-and-two-family rental homes will be barred from evicting tenants if they do not participate in in the City’s rental registry.

Recently, the COVID-19 Community Support Fund provided grants to VLP and STU. STU is creating educational materials regarding evictions and renters’ rights. Both VLP and STU required personal protective equipment in order to meet with clients and conduct virtual court cases (in which the attorney is present with their client while the judge and landlord are virtual). VLP will also hire and pay law students to help with legal and pre-eviction counsel.

The COVID-19 Community Support Fund is a partnership of the Central New York Community Foundation, The United Way of Central New York, the Allyn Family Foundation, The Dorothy and Marshall M. Reisman Foundation, the Health Foundation for Western & Central New York and the City of Syracuse & Onondaga County. They established the Fund to support nonprofit organizations working with communities who are disproportionately impacted by economic consequences of the coronavirus pandemic. To date, the fund has raised over $1.8 million from which vital funding is rapidly deployed to support the region’s greatest needs.

Curran states, “Fewer evictions means that in the long-term, Syracuse property values will go up, there will be more economic opportunities and the unhealthy wealth gap in Central New York will be lessened.”

For more information on STU, email syrtenantsunion@gmail.com or visit their Facebook page.

To contact the Volunteer Lawyers Project for legal counsel, visit their website or call 315.471.3409.

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Eviction: The Harsh Reality of Living in Syracuse

Posted on September 22, 2020 by - Uncategorized

In this multi-part series, CNYVitals will take an in-depth look at evictions and how they contribute to the health of Central New York, particularly during the COVID-19 pandemic, which has led to a financial crisis for many families. Read more to see how both renters and landlords can avoid evictions and create a better region with higher property values, safer housing and more economic opportunities.

Sixty percent of Syracuse residents are renters. According to the 2017 American Community Survey, about 20% of those renters move at least once per year, sometimes more. This is due to a combination of risk factors, such as low wages, inadequate public assistance, code enforcement violations and overpriced housing which have led to dire situations for both tenants and landlords. According to a 2017 study from the Maxwell Community Benchmarks Program, “Syracuse is severely residentially unstable.”

How can tenants live in safe housing that they can afford? And, how can landlords save themselves time and money by avoiding evictions? It’s a complicated problem but the answer may be that Syracuse-area residents can benefit the most if a solution is crafted with both renters and landowners in mind.

When a family is considering renting a home, they ideally would first sit down to decide what they can afford. But this isn’t always the case if they are in a desperate situation, such as fleeing abuse or high levels of lead. When a renter is anxious to put a roof over their heads, it changes the playing field for both tenants and landlords.

Several lending agencies recommend that the cost of an individual’s housing come in at around 30% of their gross income. According to Palmer Harvey, founder of the Syracuse Tenants’ Union, the average individual living in the city of Syracuse makes just over $20,000 per year, which means that if they are living on a single income, they should live in an apartment that costs about $480 per month. A two-bedroom apartment in Syracuse costs around $850 per month. Already, the issue is clear. A single-income family may need to spend upwards of 50% of their wages on housing, meaning less money is available to put food on the table. Since unplanned financial events could always be around the corner, it’s easy to see how a family in this scenario could get behind on their rent.

Public assistance is available to help people get into housing that they can’t quite afford, however it presents some challenges. According to deputy commissioner of the Department of Social Services – Economic Security and Temporary Assistance, Jennifer Robinson, the shelter allowance provided by New York State hasn’t been re-configured to accommodate the rising cost of living since 2012. For instance, a family with three children would receive $303 in housing assistance. This inadequate amount increases the risk of tenants entering housing with low maintenance or housing violations. Section 8 Housing can also be helpful by providing vouchers that cover the balance, but there is a long waiting list due to high demand for a limited number of housing vouchers, making them hard to utilize in an urgent situation.

Before a tenant moves into a residence, they can check the Syracuse city website to see exactly what the code violations are for the rental unit or landlord with whom they hope to work. But families in a desperate situation, or without easy access to the internet, may not be able to utilize this resource, leading them to enter unsafe housing. In any case, only about 40% of rental units are registered with the City – meaning many landlords are out of legal compliance and their code violations not necessarily tracked. “Syracuse is the dollar store of real estate,” said Harvey. “People can come here and buy a home for next to nothing, put in $1,000 and start to rent.”

This creates a problem for code enforcement divisions of Syracuse because there can be several “quick fixes” that can be done on a property to help it pass inspection. Landlords may fix a leak, snake a drain or patch a hole, but when the underlying causes aren’t addressed, it leaves the tenant with the same problem month after month.  Harvey says that usually, by the time a tenant has called code enforcement, they have likely been dealing with an issue for months without a fix from the landowner. Calling in problems and reporting landlords could magnify the chances that the tenant will face eviction, so it is often viewed by residents as a last resort.

According to the City of Syracuse study “Below the Line”, there are approximately 11,000 people displaced in Syracuse each year, which can result in over 6,000 children being evicted from their homes.

Evictions, according to Sally Curran, executive director of Volunteer Lawyers Project (VLP), can cause a long list of trickle-down problems for evicted families including job loss, depression, health issues and negative educational implications. Evictions affect a person’s ability to build intergenerational wealth by putting a negative mark on their record, which may change their ability to rent a more desirable apartment or buy a house in the future. This scenario can directly perpetuate a cycle of poverty.

What causes an eviction? Laura Rolnick, director of eviction & reentry programs for VLP, stated that 85-90% of evicted tenants simply cannot pay their rent. A much smaller percentage is due to a “hold-over” in which tenants were told to leave but didn’t, or a “claimed lease violation” in which the landlord has claimed that there was a violation of the lease.

The ideal approach is to avoid eviction altogether, but most tenants don’t know what their rights are when facing eviction. Many tenants are also not aware of the terms of their lease or agreement. A rental “lease” fixes the rental cost for the year and makes it harder for landlords to start eviction proceedings. A month-to-month agreement doesn’t provide as much protection to the renter, however notices from landlords are still required. Additionally, on September 14, 2020, Syracuse passed an additional renter protection: Now, landlords who have failed to register their one-and-two-family rental homes will be barred from evicting tenants if they do not participate in in the City’s rental registry. Palmer tells each of her clients: “If you don’t know your rights, you don’t have any.”

In part two of this story, we will look at the Eviction Moratorium, the CARES Act and the Tenant Safe Harbor Act. Check back soon for the next part of this series on evictions in Syracuse.

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Author of “The Color of Law” Visits Syracuse for Community Conversation

Posted on September 13, 2019 by - Uncategorized

FREE Community Conversation with Author of “The Color of Law: A Forgotten History of How our Government Segregated America”

The legacy of intentional, government mandated housing segregation has led to Syracuse having some of the highest rates of extreme concentrated poverty for African Americans and Hispanics in the nation. Let’s learn from our history and imagine how we can create opportunity and equity moving forward. Richard Rothstein,* an expert on this topic, will visit Syracuse on Tuesday September 17 as part of an initiative led by Legal Services of Central New York and CNY Fair Housing to discuss housing segregation in our community.

The event is free and open to the public and will feature Mr. Rothstein discussing his New York Times Bestselling book, “The Color of Law” which highlights the intentional and systematic web of laws and policy that codified housing segregation in America, including in Syracuse.  In addition to being discriminatory, this severely curtailed financial, career, and educational opportunities for African Americans and created an extreme wealth disparity between whites and African Americans that continues to widen today.

Mr. Rothstein will be joined by panelists Vincent Love (Blueprint 15), Lanessa Chaplin (NYCLU), and Sally Santangelo (CNY Fair Housing). The conversation will also include a welcome by Mayor Ben Walsh and opportunities for audience Q & A.

In preparation for this exciting free community event, this summer the Syracuse Citywide Book Club brought people throughout our region together to read and discuss Mr. Rothstein’s book: “The Color of Law: A Forgotten History of How our Government Segregated America”.  More than 100 people are currently registered for the Syracuse Citywide Book Club, with hundreds more following on Facebook and reading the book on their own.  Individuals can sign-up at www.lscny.org/thecoloroflaw to receive exclusive content and updates.  Everyone is invited to read along with Mayor Ben Walsh and other community leaders at www.facebook.com/syrbookclub.

The 2019 Syracuse Summer Book Club and the free Community Conversation with Richard Rothstein are sponsored by Legal Services of Central New York, CNY Fair Housing, NBT Bank, and Syracuse University College of Law.  To register for updates and exclusive content visit www.lscny.org/thecoloroflaw or for more information contact wrhodes@lscny.org.

*Richard Rothstein is a Distinguished Fellow of the Economic Policy Institute, Emeritus Senior Fellow of the Thurgood Marshall Institute at the NAACP Legal Defense Fund, Senior Fellow at the Haas Institute at the University of California, Berkley, and author of New York Times Bestseller “The Color of Law.”

 

 

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