When the federal Covid related eviction moratorium ended on August 26, 2021 due to a Supreme Court ruling, confusion continued as lawmakers started to review a potential reimplementation of eviction moratoriums, while some authorities suggest eviction moratoriums could be detrimental to renters. Even as the federal eviction moratorium ended several states continued similar moratoriums and combined with a potential renewal of Covid related eviction moratoriums, a best practice remains for property managers and/or landlords work with a well-qualified third-party tenant screening agency to continue to be compliant with existing laws governing tenant screening.

Even as a Supreme Court ruling quashed the legality of a federal Covid related eviction moratorium, some states continue to impose eviction restrictions, and, further, some lawmakers are looking to reenact some form of renter protections against eviction, despite arguments suggesting eviction moratoriums could be disadvantageous to renters. The process of tenant screening will remain challenging for landlords and/or property managers as the country continues to work Covid and, subsequently, a best practice is to work with a well-qualified third-party tenant screening agency to remain ahead of any changing laws which govern tenant screening.

In a recent opinion post on thehill.com on September 30, 2021, Senior Policy Research Editor, Tracy C. Miller, comments on the challenges that an eviction moratorium may have on renters.

Although the Supreme Court recently annulled the Centers for Disease Control and Prevention’s (CDC) eviction moratorium, some states still have eviction moratoria in effect. In the short run, these policies appear to benefit tenants at the expense of their landlords. In the long run, however, moratoria make it harder for people with low credit scores or unstable employment records to find any place to rent. Ironically, prohibiting evictions now may result in even more people being homeless later. ^{thehill.com/opinion/finance/574623-how-eviction-moratoria-could-increase-homelessness-in-the-long-run}

Miller continues to argue against moratorium by suggesting (thehill.com; Sep. 30, 21):

It’s likely that some landlords will never be compensated for the rent they lost due to the eviction moratorium. It gave some tenants an excuse to pay less rent than they could actually afford. Government bureaucrats cannot possibly know what options are available to some tenants for paying rent when their income declines. The possibility of eviction would increase a tenant’s incentive to find a way to pay. Some could negotiate a reduction or a delay with their landlords. ^ibid

The net affects the eviction moratorium on renters as well as landlords and property managers may not be felt in the near future but the possibility of changes to law remain.

A challenge such as an eviction moratorium is bound to create legislation that will most certainly affect landlords.

As the delta variant continues to impact the country some lawmakers are looking to reimplement an eviction moratorium.

From the Associated Press on September 21, 2021:

Several progressive lawmakers on Tuesday introduced a bill that would reimpose a nationwide eviction moratorium at a time when deaths from COVID-19 are running at their highest levels since early March.

Sen. Elizabeth Warren, D-Mass., and Rep. Cori Bush, D-Mo., said the bill would direct the secretary of Health and Human Services to implement a ban on evictions in response to the COVID pandemic. It would also amend a section of the Public Health Service Act to grant permanent authority to Health and Human Services to implement an eviction moratorium to address public health crises. ^{apnews.com/article/health-courts-united-states-public-health-coronavirus-pandemic-34a52c4ebc7c5f16b290ba73df541fda}

With the ongoing challenge related to Covid 19 and potential evictions working with a well-qualitied third-party tenant screening agency should remain a priority for any property manager or landlord.

The future remains unclear for individuals affected by the CDC led Covid related eviction moratorium an, additionally, the use of eviction records may be impacted. The use of eviction records could be significantly impacted in years to come, potentially by law, and a best practice remains for landlords and property managers to work with a well-qualified third-party tenant screening agency in order to remain compliant with existing law as well as ahead of potential changes to the legal use of eviction records.

As the Covid related eviction moratorium has been extended through October 3, 2021, the future legal and lawful use of eviction records may change significantly and greatly impact landlords and property managers. Millions of individuals impacted by the eviction moratorium may face further challenge in the future as liability for past-rent remains in place, and the potential of post-moratorium eviction remains a concern; and landlords and/or property managers could be impacted as well should laws change, suggesting a best practice remains to work with a well-qualified third-party tenant screening agency in order to remain legally compliant.

Once the country moves past the current eviction moratorium a new challenge may emerge for landlords and/or property managers.

Eviction records are an important tool for landlords and remain available up to seven, noting all eviction related legal actions: cases lost, case won, or cases dismissed. Once the moratorium on evictions ends, the management of Covid related evictions could change.

From TheHill.com on August 15, 2021:

Many of the estimated 7.9 million U.S. tenants behind on rent breathed a sigh of relief on Aug. 3, when the CDC imposed a new 60-day eviction moratorium. Even with the extended order, millions of tenants will have COVID-related eviction records. Available data from Eviction Lab show that landlords filed over 468,000 eviction cases during the pandemic in the six states and 31 cities where Eviction Lab is able to track. The actual number is undoubtedly many times more than those recorded. ^{thehill.com/opinion/healthcare/567883-eviction-records-long-term-impacts-of-the-covid-19-housing-crisis}

Challenges remain with the distribution of rent relief funds from the federal government furthering concern for individuals behind on rent and expecting help.

From NPR.com on August 26, 2021:

Congress has approved nearly $50 billion to help people pay back rent and avoid eviction. But while in some states and counties that’s been working well, in many others the help hasn’t reached the vast majority of renters who need it.

By one estimate, 15 states still haven’t managed to get even 5% of those federal dollars out the door to renters facing eviction. ^{npr.org/2021/08/26/1024668578/court-blocks-biden-cdc-evictions-moratorium}

Post Covid could be more challenging for landlords due to the potential of new laws governing the use of eviction records, especially Covid related laws. A best practice, now and into the future, for landlords and property managers is to work with a well-qualified third-party tenant screening agency.

On March 5, 2021 a federal judge struck down the current moratorium on evictions, as enacted by the CDC, and instantly created confusion regarding the liability of back rent and the potential of eviction for failure to pay rent as related to Covid related job loss. While the news is fairly fresh, without question landlords and property managers will have concerns, and a best practice remains to work with a well-qualified third-party tenant screening agency.

On Tuesday, March 5, 2021, a federal judge put the current federal eviction moratorium on hold, stating the CDC does not have the authority to impose such an action. Certainly landlords and property managers should take immediate note of this action, as a call-to-action to review tenant screening policies, and a best practice is to work with a third-party tenant screening agency to remain compliant with law.

News outlets across the country and around the world announced the halt of the CDC enacted federal eviction moratorium.

From USAToday.com on May 5, 2021:

A federal judge has thrown out a national moratorium on evictions enacted last year to help Americans who have fallen behind on their rent during the coronavirus pandemic.

U.S. District Judge Dabney L. Friedrich of the District of Columbia ruled Wednesday the federal government overreached in enacting the ban. ^{usatoday.com/story/news/politics/2021/05/05/judge-strikes-down-covid-moratorium-eviction-rental-properties/4958924001/}

It’s too soon to see how the cessation of the federal moratorium will affect the rental market, but landlords and property managers will certainly take note.

From Aljazeera on May 5, 2021:

The National Association of Realtors welcomed the judge’s decision, saying a better solution would be to help tenants pay rent, taxes and utility bills.

“With rental assistance secured, the economy strengthening and unemployment rates falling, there is no need to continue a blanket, nationwide eviction ban,” the group said.

As part of a $1.9 trillion COVID-19 relief bill passed earlier this year, the US Congress provided $30bn in rental and housing assistance for people at risk of eviction or losing their homes. ^{aljazeera.com/news/2021/5/5/us-judge-throws-out-pandemic-related-moratorium-on-evictions}

Seemingly the court took into consideration what the moratorium attempted to do.

From ABC11.com on May 5, 2021:

“The Court recognizes that the COVID-19 pandemic is a serious public health crisis that has presented unprecedented challenges for public health officials and the nation as a whole. The pandemic has triggered difficult policy decisions that have had enormous real-world consequences. The nationwide eviction moratorium is one such decision,”

“It is the role of the political branches, and not the courts, to assess the merits of policy measures designed to combat the spread of disease, even during a global pandemic,” …. “The question for the Court is a narrow one: Does the Public Health Service Act grant the CDC the legal authority to impose a nationwide eviction moratorium? It does not.” ^{abc11.com/cdc-eviction-moratorium-federal-judge-rules-cannot-issue-moratoriums-evictions-covid/10584661/}

Landlords and property managers should take note when big news affects their business, and this is big news. Reviewing tenant screening policies should be an absolute and a best practice remains working with a well-qualified third-party tenant screening agency.

To learn more about the consequences of a federal judge striking down the national eviction moratorium and what this means to renters and landlords in the USA read recent TenantScreeningUSA.com press release: Recent Ruling Strikes Down Federal Eviction Moratorium, Creates Potential of Confusion for Renters and Landlords; Opines TenantScreeningUSA.com

As the federal eviction moratorium has been extended through June, some states, such as Oregon, have taken on the challenge of managing the challenge of past-due rent, and may prove to be the leaders in the country.

States such as Washington and Oregon have long been leaders in rental policy and SB 282 may prove to be a blueprint for other states in the management of past-due rent and related eviction moratorium policy, but landlords and property managers, as they take immediate note, should continue to work with a well-qualified third-party tenant screening agency in order remain compliant with all laws and policies related to tenant screening.

Senate Bill 282 continues to move through Oregon’s legislative process and should this bill be enacted it may prove to be a best practice in managing past-due rent as related to Covid moratoriums. Oregon has often been a leader in housing policy and the potential enactment of SB282 may prove to be another touchpoint in that history.

As concerns about past-due rent and on-going eviction moratoriums, Oregon has taken steps to manage the on-coming crisis.

Senate Bill 282 continues to move through the Oregon legislative body having recently passed the Senate Housing and Development committee.

From PamplinMedia.com on March 30, 2021:

Tenants would get more time to pay past-due rent, and their future ability to rent would be protected, under a bill that is headed to a vote of the Oregon Senate.

An amended Senate Bill 282 was advanced Tuesday, March 30, on a 4-1 vote by the Senate Housing and Development Committee.

Though the bill does not extend the current pandemic-related moratorium on evictions past June 30 — or forgive back rent — it would give them until Feb. 28, 2022, to pay back any rents due from April 1, 2020, or make arrangements to obtain rental assistance. Tenants would have to stay current on rent after July 1, but they could not be evicted for nonpayment of past-due rent during the extended grace period. ^{pamplinmedia.com/pt/266-politics/503155-403091-tenants-could-get-another-break-on-past-due-rent}

While working through the challenges of managing past-due rent may be a positive, there are detractors.

From SalemReporter.com on March 10, 2021:

But landlords say the legislation will be another burden after already having forgone rent payments since Gov. Kate Brown issued her initial eviction moratorium in March. Landlords also worry about the state’s ability to deliver promised relief and the legislation will create loopholes for unscrupulous tenants. ^{salemreporter.com/posts/3812/with-the-clock-ticking-on-an-eviction-timebomb-the-oregon-legislature-considers-additional-protections-for-renters}

When new laws are enacted and may be as impactful as SB 282 landlords and property managers should take immediate note. A best practice remains to work with a well-qualified third-party tenant screening agency in order to remain compliant with law.

To learn more about why Oregon’s new law may be a precursor of what States need to do to handle the housing past due rents from Covid moratoriums and why giving tenants a year or so to pay back past due rent amounts may not be

feasible without some kind of rental payment relief to landlords from the government read recent TenantScreeningUSA.com press release: Pending Bill in Oregon Senate Could Set the Tone on Covid Related Past-Due Rent; Opines TenantScreeningUSA.com

Two cities in Michigan, Ann Arbor and Jackson, recently took up the challenge of housing discrimination as related to criminal records history, which are commonly used as part of a rental applicant vetting process. Criminal records histories have held certain classes of people back from gaining housing, which is considered by many to be the most critical part of successfully reintegrating back into mainstream society.

Ann Arbor and Jackson, Michigan are working toward implementing new legislation governing the legal and lawful use of Criminal Records Histories as part of tenant screening. Ann Arbor and Jackson, Michigan are among a handful of municipalities working on laws designed to prevent discrimination in housing during the applicant vetting process, and the use of Criminal History Records. Subsequently, a best practice for landlords and/or property managers in all parts of the country is to work with a well-qualified third-party tenant screening agency in order to remain ahead of emerging trends while staying compliant with existing law.

Two cities in Michigan have taken up the task of fighting potential rental housing discrimination through new or pending laws regulating the use of Criminal History Reports as part of a standard tenant background check.

From MLive.com on March 2, 2021:

With racial equity in mind, Ann Arbor officials are updating city ordinances in hopes of ending housing discrimination against people with criminal records.

City Council voted unanimously Monday night, March 1, to give initial approval to ordinance changes recommended by the city’s Human Rights Commission to eliminate use of criminal history in tenant selection processes in Ann Arbor. ^{mlive.com/news/ann-arbor/2021/03/ann-arbor-hopes-to-end-housing-discrimination-against-people-with-criminal-records.html}

According to statistics, it is increasingly difficult for individuals with criminal records to find housing. The new laws in Michigan seek to reduce and/or prevent discrimination in rental housing. And, as many authorities recognize, housing is key to reintegration into mainstream society.

Earlier in 2021 the city of Jackson, Michigan introduced a new measure with similar goals as to those of Ann Arbor.

From WILX.com on February 8, 2021:

If passed, the Fair Chance Housing Ordinance would put an end to the practice used by some landlords and rental management companies who automatically deny rental agreements to anyone who has a criminal background record, no matter what a person’s arrest or conviction record shows or how old the information may be. If approved, Jackson would join several other cities in Michigan that have already enacted similar housing policies, including major metropolitan areas and smaller cities. ^{wilx.com/2021/02/08/jackson-mayor-introduces-housing-ordinance-to-protect-justice-impacted-families-from-discrimination/}

The move to control the use of Criminal History Records in vetting housing applicants is a growing trend across the country, one that should be watched closely by landlords and/or property managers, and a best practice remains to work with a well-qualified third-party tenant screening agency in order to remain complaint with changing law.

To learn more about why City’s in Michigan are looking into new legislation to diminish discrimination against individuals with a criminal background record by regulating the use of criminal history reports as part of a tenant background check read recent TenantScreeningUSA.com press release: Potential New Trend in Tenant Background Screening?

Evictions continue during the Covid 19 pandemic despite current moratoriums and may create ongoing issues for tenant screening. Continued moratoriums related to the current pandemic have only slightly slowed the rate of evictions across the country and states may have differing extensions to the current federal moratorium, recently extended to March 31, 2021; and a best practice remains to work with a well-qualified third-party tenant screening agency in order to remain compliant with new and existing laws and guidance.

Recently the CDC mandated an extension of the federal eviction moratorium, but evictions will continue to take place and, subsequently, cause confusion for property managers and landlords. While the extended federal moratorium on evictions has been extended to March 31, 2021 evictions may continue to take place in many states, and the rules governing evictions could be confusing to landlords and property managers suggesting a best practice remains to work closely with a third-party tenant screening agency in order to remain complaint with law.

Across the country evictions have continued and states have varying rules governing this process.

In South Carolina evictions have continued during the pandemic, governed by specific rules.

From GoUpstate.com on January 21, 2021:

There’s a lot of confusion surrounding the moratorium and landlords are getting creative to evict people for different reasons not listed in the order, USA Today reported.

Only evictions based on non-payment of rent are stopped from preceding under the national eviction moratorium, said … managing attorney with South Carolina Legal Services. ^{goupstate.com/story/news/2021/01/20/south-carolinians-face-eviction-despite-moratorium/4210203001/}

Evictions for other causes are allowed to continue, assuming courts remain open.

Rules governing evictions, even during Covid, can vary from state to state, and further cause confusion for landlords and property managers.

In California, Governor Gavin Newsome recently extended that state’s moratorium on evictions until June 2021.

From ABC10.com on January 25, 2021:

The joint statement was released by the governor’s office…It announces that legislative leaders have agreed to extend the eviction moratorium in California through June 30, 2021. This extension will help protect tenants and small landlords from losing their housing as the nation continues to fight the COVID-19 pandemic. ^{abc10.com/article/money/gov-newsom-legislative-leaders-talk-eviction-moratorium-extension/103-e96524dc-d641-4838-97c1-ea82b3e75744}

How the rules governing the extended federal eviction as well as statewide moratoriums play out will take time as the current legal landscape is very fluid and changes quickly.

Landlords and property managers should take immediate note and recognize that the rules governing Covid-related moratoriums can and will change quickly.

To learn more about why eviction moratoriums cannot completely prevent landlords from evicting tenants and why there is so much confusion surrounding this issue read recent TenantScreeningUSA.com press release: Evictions Continue Despite Moratorium; Challenges Remain in Tenant Screening Opines TenantScreeningUSA.com

Ban-the-Box limits the use of Criminal History Records as part of pre-employment background screening, a legal trend that begin 20 plus years ago and now encompasses hundreds of municipalities and states across the country, and is set to make another appearance in tenant screening law via Montgomery County. Rental applications have long been ripe for Ban-the-Box legislation, one that would remove the question of criminal history on an application, and legislate when and if that question could be asked, thus furthering the challenges landlords face when vetting new tenants.

The fair and legal use of Criminal Record History continue to come into question as a part of pre-employment background screening and Ban-the-Box, the question of criminal history on an application of employment, has rapidly spread across the country. The idea of banning the box on rental applications could potentially grow in popularity especially as Ban-the-Box laws continue to spread in the workplace.

Montgomery County, just outside of Washington DC in Maryland, is looking into legislation that would ban landlords from reviewing criminal history for certain types of criminal background records, thereby radically changing how a landlord may vet an applicant.

From Greater Washington’s website on December 16, 2020:

Montgomery County Council is considering a bill that would prohibit landlords from considering some types of criminal records in rental applications. The bill is meant to curb discrimination that disproportionately affects renters of color. ^{ggwash.org/view/79893/montgomery-county-could-ban-the-box-for-rental-housing-applications}

Previously, in Oakland, California, an ordinance The Oakland Fair Chance Housing Ordinance gave hope to citizens of that city that have a criminal history.

From US News & World Report on February 18, 2020:

On Feb. 4, Oakland’s City Council passed a new ordinance designed as a remedy, prohibiting public and private landlords from inquiring about potential tenants’ criminal histories. The new law, called the Oakland Fair Chance Housing Ordinance, is the most expansive of its kind in California and among the first for major American cities. Decades after the start of the “ban the box” movement, which aims to stop employers from discriminating against the formerly incarcerated, proponents hope it will also act as a new catalyst in the battle to secure equal opportunity for the more than 70 million Americans burdened by criminal records. ^{usnews.com/news/cities/articles/2020-02-18/to-aid-ex-convicts-oakland-california-bans-criminal-background-checks-on-renters}

The Montgomery County Ordinance could be the blueprint for future ordinances of this kind.

From Greater Washington’s website on December 16, 2020:

The bill would prohibit landlords in Montgomery County from conducting criminal background checks on potential renters until making a conditional offer. After that initial offer, landlords could look into tenants’ backgrounds, but it would then ban them from considering certain arrests and misdemeanors, including:

• Arrests that didn’t result in a conviction
• Trespassing, misdemeanor theft, indecent exposure, public urination, and open container violations
• Misdemeanor possession of marijuana
• Other misdemeanors if two years have passed since the date of conviction and the end of incarceration ^{ggwash.org/view/79893/montgomery-county-could-ban-the-box-for-rental-housing-applications}

Landlords and/or property managers should conform to the best practice of working with a well-qualified third-party tenant screening agency in order to be kept aware of growing trends in tenant screening like what can be asked on a rental application as well as other potential changes to law.

To learn more about why landlords and property managers should continue to pay attention to new ban-the-box laws appearing in this country that affect what can be asked on a rental application pertaining to criminal history read recent TenantScreeningUSA.com press release: Is Change Coming to Rental Housing Applications? Maybe; Opines TenantScreeningUSA.com

With Eviction moratoriums ending some courts can now hear eviction cases and the number of pending cases is already enormous.

When the Covid 19 pandemic first took hold on the country and many so-called non-essential businesses were forced to shut down, governors were quick to implement rent moratorium as an effort to helping millions of renters across the country. As months have passed these temporary efforts are starting to expire.  North Carolina’s moratorium on rent expired on June 22, 2020.  In North Carolina alone thousands of families face the threat of eviction and the state may be an example for what may and could be happening across the country. And, it should be noted, the threat of eviction may have never really left during the moratorium.

From ABC11.com on June 17, 2020:

A different kind of crisis has been unfolding through the pandemic: local landlords forcing residents out of their homes despite the state’s ban on evictions because of COVID-19.  ^{abc11.com/coronavirus-nc-eviction-moratorium-rent-payment-fees-what-are-my-rents-as-a-renter/6251350/}

According to the moratorium put in place by the governor of North Carolina, renters should be protected from eviction during the moratorium timeframe. Renters need to work very closely with landlords to ensure they are protected.

Eviction court reopened on June 21, 2020 and faced an immediate flood of court filings.

From New Observer on July 2, 2020:

As legal protections ended last month for renters facing evictions, affordable housing advocates and legal experts predict that North Carolina could see a wave of evictions in the coming months.
Over 10,000 eviction cases are on file in North Carolina courts. Since the state eviction moratorium ended on June 21, hearings are being scheduled this month in Durham and Wake counties… ^{newsobserver.com/news/local/article243913017.html}

When one takes into account the amount of eviction cases on file in North Carolina and multiply that across the country the numbers are enormous and the impact significant.
While many state moratoriums have expired some renters are still relatively safe from eviction, but as time goes on those individuals may face challenges.

From USA Today on June 10, 2020:

Twenty-four states are processing evictions again, and that number is likely to climb to at least 30 states by the end of June.
Not all renters in those jurisdictions are vulnerable. Nearly 30% continue to be protected by a federal moratorium under the Coronavirus Aid, Relief and Economic Security Act that will remain in place until July 25. The rest … live in properties that are either not subsidized by the federal government or are owned by landlords with loans that are not federally backed.  ^{usatoday.com/story/money/2020/06/10/coronavirus-eviction-worries-mount-moratoriums-lifted/5286368002/}

Evictions could be the next big “pandemic” in the rental housing market.  As moratoriums expire millions could be exposed to the potential of eviction. Combined with continued challenges in the employment market, the challenges many renters face, as well as landlords, will continue.  Ultimately, a best practice for landlords and property managers remains to work with a well-qualified third-party tenant screening agency to stay compliant with existing and potential laws government tenant screening.

To learn more about why the USA may be on the verge of an eviction epidemic and what this means for landlords and renters and society as a whole read recent TenantScreeningUSA.com press release: North Carolina Highlights Potential for Next Pandemic: Evictions; Opines TenantScreeningUSA.com

Rent relief efforts continue as the country struggles with the challenges of the COVID outbreak. And while the influx of eviction proceedings has not hit yet, it is coming.

In Galveston County, Texas courts and lawyers are preparing for the onslaught of legal action being taken against renters that face eviction due to loss of income related, generally, to COVID19.

From Galvnews.com (June 7, 20):

The state-imposed moratorium on evictions for those behind on rent payments because of the COVID-19 shutdown officially ended May 18, a brief respite for those who lost jobs or work hours because of the pandemic.

During the moratorium, evictions couldn’t move through the courts.

Since then, however, … and several county constable offices have seen an uptick of cases — mostly landlords catching up on delayed cases — but nowhere near the avalanche some expected.  ^{galvnews.com/news/free/article_e2f79dc8-71f2-5898-b0c1-db31bafbd1e6.html}

However, many states are working on continued rent relief.

In Illinois rent relief efforts are in place to cancel debt.

From the Chicago Tribune on May 20, 2020:

Measures for statewide rent relief — which would include help for tenants, landlords and homeowners impacted by the coronavirus pandemic — could hit Gov. J.B. Pritzker’s desk in a matter of days.

If signed into law, the COVID-19 Emergency and Economic Recovery Renter and Homeowner Protection Act, which Chicago Democrat Rep. Delia Ramirez introduced Friday, would cancel rent debt and suspend mortgage payments for those experiencing hardships related to COVID-19.  ^{chicagotribune.com/coronavirus/ct-re-coronavirus-rent-relief-legislation-20200520-6cog3rewubhzjauxbtjzn5zgrm-story.html}

In the state of New York rent relief is still in place but the rules have changed for renters.

From KiowaCountyPress.com (June 5, 2020):

New York Gov. Andrew Cuomo, for example, has halted evictions until Aug. 20. After June 20, however, tenants seeking relief will have to prove that they qualify for unemployment insurance or are suffering financial hardship. And with passage of the CARES Act, Congress paused evictions in federally subsidized housing until Aug. 23.

But when these eviction moratoriums expire, the accumulated bills will come due. One in 4 renters were already spending more than half of their income on rent before the pandemic. In its aftermath, these numbers will only rise because millions of people may remain out of work or be forced to take lower paying jobs.  ^{kiowacountypress.net/content/coronavirus-related-debt-will-live-digital-profiles-years-%E2%80%93-hurting-americans%E2%80%99-ability-get}

What happens with evictions down the road is uncertain.  Renters may face the dread of eviction due to the economic downturn caused by the COVID 19 pandemic.  When one considers rent relief efforts and pressure put on state and local governments, the potential for changes in law governing the use of eviction records is very real, and landlords and/or property managers should take note.  Subsequently, the need to work with a tenant screening agency is more urgent.

Eviction reports are a big part of the tenant screening process and landlords/property managers should work with a well-qualified third-party tenant screening agency in order to stay current with all laws governing the use of such records.

To learn more about why a huge increase in evictions may take place and how continued aid to grant rent relief for tenants hit hard by COVID19 is still much needed read recent TenantScreeningUSA.com press release:  Rent Relief and a Potential Storm of Eviction

Across the country millions of people have been following “Shelter-in-Place” or “Stay-at-Home” executive orders to slow the spread of COVID19 as it continues to tear across the country and world. Unfortunately, companies deemed non-essential were eventually forced to lay off thousands of workers. Companies in essential industries also face the potential for layoffs as business slows. Currently, the country faces an unemployment rate not witnessed since the height of the Great Depression.

Every day, as people face the challenge of making ends meet on a daily basis, the threat of eviction becomes very real. Some reports suggest that many Americans live paycheck to paycheck and a simple disruption of a single week puts many at risk. Faced with weeks and months of unemployment eviction maybe close at hand.

But the federal government put in place a moratorium on evictions, which is in place presumably until the end of the crisis.

Relief from rent allows people to survive and stay sheltered from potential exposure to COVID 19.

And yet there are those landlords and/or property managers that have sought to defy federal and local governments regarding the eviction moratorium and now face potential prosecution.

One such case exists in Minnesota.

From the Guardian (9 Apr 2020):

Authorities in Minnesota have pressed charges against a landlord who evicted a tenant during the coronavirus crisis and thus violated a state order forbidding kicking people out of their homes as the pandemic spreads across the US.

The move is one of the strongest actions yet taken to guard vulnerable people against the threat of eviction as unemployment in the US soars to levels not seen since the Great Recession in the wake of the economic crisis caused by the virus as widespread shutdowns cover the US. ^{theguardian.com/us-news/2020/apr/09/evictions-coronavirus-minnesota-charges-landlord?CMP=Share_iOSApp_Other}

In other parts of the country property managers and landlords potentially face legal action regarding evictions during a moratorium. Another case is pending in the State of Washington.

From Q13 Fox (20 Apr 20):

Washington Attorney General Bob Ferguson is suing a property-management company for allegedly violating the coronavirus-related emergency moratorium on evictions, the Seattle Times reported.

It’s the first lawsuit filed to enforce the emergency orders issued amid the coronavirus pandemic, according to a news release from his office. Filed in Pierce County Superior Court, the lawsuit says JRK Residential Group Inc., violated Gov. Jay Inslee’s emergency order by issuing notices to pay or vacate this month to 14 tenants in Tacoma.

The filing contends the violations ran afoul of Washington’s Consumer Protection Act, according to the news release… ^{q13fox.com/2020/04/20/ferguson-files-lawsuit-against-property-management-company-over-eviction-moratorium/}

In times of crisis where an eviction moratorium is in place a best practice remains for all landlords and property managers to work with a well-qualified third-party tenant screening agency in order to remain fully compliant with existing law, as well as emergency law, that govern tenant screening.

To learn more about why no one in this country should be evicted during the COVID 19 crisis and how evicted tenants could aid in the spread of the virus read recent TenantScreeningUSA.com press release: National Moratorium on Evictions Means “No Evictions”