evictions Archives - Talk Poverty https://talkpoverty.org/tag/evictions/ Real People. Real Stories. Real Solutions. Wed, 15 Jul 2020 14:42:23 +0000 en-US hourly 1 https://cdn.talkpoverty.org/content/uploads/2016/02/29205224/tp-logo.png evictions Archives - Talk Poverty https://talkpoverty.org/tag/evictions/ 32 32 As Eviction Bans Expire, Renters Turn to Credit Cards https://talkpoverty.org/2020/07/15/eviction-bans-expire-renters-turn-credit-cards/ Wed, 15 Jul 2020 14:42:23 +0000 https://talkpoverty.org/?p=29203 Just off the major traffic artery of 16th Street NW in the Columbia Heights neighborhood of Washington, D.C., where gentrification has forced out generations of Latinx and Black renters, an eight-story apartment building is blanketed with hand-painted signs: “FOOD, NOT RENT” the black-and-red lettering reads. “CANCEL RENT.”

Julissa Pineda, 22, has lived in the building, Richman Towers, with her mother and two brothers for three years. In March, shortly after D.C. Mayor Muriel Bowser declared a state of emergency in the city, Pineda was laid off from her job as a restaurant server. Almost immediately, Pineda, who is the main earner in her family, knew she would not be able to afford her rent without borrowing heavily: The family pays $1,950 per month for their two-bedroom apartment. “Sometimes we need to buy a couple things,” she said. “It is necessary to have money.”

Other families, some of whom have called the building home for nearly 30 years, were in similar positions, Pineda said. Many worked paycheck to paycheck in the service industry, and after they lost their jobs, had no idea how they could continue to make rent. Along with other families in her building, Pineda began organizing residents to lobby its landlord for rent forgiveness. But five months into a pandemic that has killed more than 550 people in D.C., neither their public pressure nor private lobbying has been successful.

Pineda says that some of those families — including her own — have resorted to increasingly precarious ways to pay rent, including borrowing money from friends and high-interest lenders, or in the case of other Richman Towers residents, by slapping the balance on a credit card.

Renters in D.C. and around the country are struggling to make their way in a city that’s been flattened by the one-two punch of a pandemic and recession. Even in times of relative regional prosperity, D.C. is a difficult city to live in: It consistently ranks as having one of the most expensive rental markets in the country, as well as one of the nation’s highest rates of income inequality, with the top fifth of earners making about 29 times more than the bottom fifth.

Down the road, how will they pay those credit cards off?

So it’s no surprise that renters are underwater. By mid-June, more than 116,000 people — a figure equal to nearly one in every six people who live in the capitol — had filed for unemployment in D.C. By the end of the first week of June, the percentage of people in D.C. who were able to pay all or part of their rent dropped three points from the same period last year, according to data collected by property management software company RealPage, to under 83 percent, one of the highest drops in the country.

As the effects of historic mass layoffs begin to throttle the economy — and renters’ wallets — rental data indicate that more people than ever are relying on their credit cards to make rent. Those who are able, anyway: 8 percent of people in D.C. are unbanked, and 27 percent don’t have access to a line of credit.

“The concern we have is that these effects would snowball. That [renters] would use these alternative methods to pay rent, and then that high interest becomes a vehicle for more debt to incur,” Cashauna Hill, executive director of the Louisiana Fair Housing Action Center, testified during a June 10 hearing before the House Subcommittee on Housing, Community Development, and Insurance. “There is a very real risk of people being forced into homelessness because they’re being forced to find alternative methods to cover their rent costs.”

Two widely used rental management software companies, Entrata and MRI, used data from around the country to report spikes in credit card rent payments of up to 7 percent compared to spring of last year. Other initial studies indicate that up to 18 percent of families using their credit cards to make rent have done so for two months in a row. Meanwhile, housing policy experts are beginning to warn lawmakers about the long-term implications of the practice. “Of course the question then becomes, on down the road, how will they pay those credit cards off?” Andrew Aurand, vice president of research at the National Low Income Housing Coalition, said of lower-income renters. “It’s troubling. It’s concerning.”

Still, in D.C., some local officials are actually encouraging renters to take on this debt. On June 8, the city’s local trial court created an online payment system that suggests people going through eviction proceedings pay the rent they owe with e-checks and credit or debit cards, with processing fees that cost as much as 2.5 percent of the total transaction.  In an emailed statement to TalkPoverty, a spokesperson for D.C. Superior Court said “It is not required that funds be paid online. As the [court’s] June notice indicates, tenants can continue to pay their landlord.” But while paying rent on a card isn’t mandatory, the mere availability of the offer puts pressure on already cost-burdened residents.

“There are transactional costs associated with all of these different things, but having a 2.5 percent transactional cost to pay for rent is very high,” Harrison said. “And it’s just something that, if you don’t have a lot of income, it’s not something you can budget for.” It’s not uncommon for landlords to try and evict tenants over unpaid bills as small as $25 or $50, or about as much as the extra credit card processing fees they’re faced with paying now.

Visa, meanwhile, reported a 7 percent increase in its quarterly revenue — more than $400 million — since this time last year.

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Landlords are Using an Old Financing Trick to Get Around Eviction Freezes https://talkpoverty.org/2020/06/16/payment-deferment-rent-pandemic-landlords/ Tue, 16 Jun 2020 16:30:35 +0000 https://talkpoverty.org/?p=29152 When coronavirus started sweeping the country this March, Francine Simpson lost three jobs. The 26-year-old was apprenticing in a Los Angeles-area tattoo shop, while babysitting and working as a waiter for a caterer on the side. Like nearly one in two American adults, she survived paycheck-to-paycheck before the pandemic. Without a job, Simpson couldn’t pay her $655 share of the $1965 rent that she splits with two roommates. She quickly started receiving threats from the property management company hired by her landlord.

The leasing office at Villas Antonio Apartments in Rancho Santa Margarita, Calif., which is owned by Western National Property Management, a development company that owns more than 160 properties, called her four times asking her to sign a 120-day rent payment deferment agreement. Simpson refused, explaining that she does not know when she will return to work and that she can’t be evicted under current California law. Simpson said the manager replied, “We can’t evict you — yet.”

Deferment agreements like the one presented to Simpson are commonly used by landlords and property managers when tenants are unable to pay rent. These agreements enter tenants into legally binding contracts to pay their rent owed within the number of days designated by their landlord. In Simpson’s case, if she were to sign her contract and find herself unable to pay when the California eviction moratorium expires on July 28th, her property owners could file an unlawful detainer case against her, which would forcibly remove her from the property and place an eviction on her record. The property owners would also have the option of suing Simpson for the amount of rent owed.

Representatives at Villas Antonio Apartments and at WNPM’s headquarters did not reply to requests for comment on the deferment agreements they are issuing to Simpson and other tenants.

Before COVID-19, these agreements were used by renters who had fallen on hard times, such as being in between jobs. With a deferment, renters could delay paying rent until they were back on their feet. But in the midst of a massive economic depression, with unemployment at over 13 percent and an estimated 21 million unemployed Americans in May, many people won’t have a steady income for months. This can leave those who sign such agreements vulnerable to eviction as the economy remains unstable for the foreseeable future.

“I’m usually ok with payment deferment agreements like the one in her (Simpson’s) case,” said Joseph Tobener, tenant lawyer and partner at Tobener Ravenscroft LLP in San Francisco. “But in a crisis situation like this, tenants shouldn’t feel forced to sign anything their landlord gives them, and they shouldn’t have an eviction on their record. Tenants have the leverage here.”

Irene Bassett also refused to sign a payment deferment plan in April. On April 20th, her landlord issued Irene and her husband a “pay or quit” notice at their Hawthorne, Calif., apartment, which threatened them with eviction filings in three days if they refused to pay rent. Bassett responded that eviction paperwork currently cannot be filed due to pandemic emergency laws.

“A few days ago we received another letter from our landlords saying they still expect rent,” Bassett said. “Expecting rent from me in a time like this is immoral. If I have to choose between food and rent, I choose food.”

Bassett reached out to the Eviction Defense Network (EDN), where a team of lawyers like Elena Popp offer pro bono legal help to tenants in need. Popp said the three-day notice is becoming more popular with landlords.

“Some tenants see a notice like that and panic. Especially if they’re like so many Americans who have trouble accessing legal help, they leave out of fear,” Popp said. “And the court is sending false and misleading notices to tenants, notices that violate the State Judicial Council’s orders.”

We can’t evict you — yet.

Maria del Socorro Serrano received such a notice from the Los Angeles Superior Court on April 17th, which notified her and her husband Jose Garcia that they were being evicted and had five days to respond to the court. They turned to EDN for legal assistance, and are now receiving support for their case.

“I got overwhelmed. We are already under so much pressure because my husband and I lost our jobs in March,” Serrano said. “My heart dropped to the floor.”

EDN and Popp are receiving more requests for assistance than ever, while preparing for what Popp says will be a “tsunami of evictions” when emergency protections are lifted in California. Tenant unions are also trying to keep up with renters who need assistance.

“It’s hard to keep track of the amount of renters that have reached out to us about pressure that’s being put on them to do things against their best interest,” said Jane Demian, caseworker for the Los Angeles Tenants Union. “The landlords should be approaching their lender about mortgage relief during this crisis, instead of this backlash against tenants.”

Without tenant unions and lawyer groups such as EDN, renters who find themselves in dire economic situations are often without resources to help them navigate agreements with landlords. The lawyer operated website Avvo says tenant lawyer fees typically range from $200-$500 an hour. With 58 percent of Americans having less than $1,000 in savings, hiring a lawyer is not an option for most people.

The pressure tactics by landlords can take a toll on the health of their tenants. At the beginning of April, Simpson started suffering from panic attacks. She made it through by talking out her situation with her family and friends, but is still living with the effects. As the eviction moratorium expiration date of July 28th draws closer, she wonders what her living situation will be like in the coming months.

“It’s so upsetting. My landlords might have to wait on some money, but I could end up homeless if I have an eviction on my record,” Simpson said. “It feels like I’m stuck yelling at a wall.”

This article was supported by the Economic Hardship Reporting Project.

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