2021 Housing Toolkit: Eviction Moratorium Expiration

Connect tenants to rental and utility assistance and leal representation

Although the federal eviction moratorium is lifting, there is an unprecedented amount of rental and utility assistance available to tenants who have fallen behind on their rent. This funding, which the federal government has provided through the Department of Treasury's Emergency Rental Assistance Program, can cover up to 12-months of rent and utilities. Please tell individuals who are behind on their rent or utilities, or who are concerned that they will be behind on their rent or utilities, to go to the Treasury Department index or to call 2-1-1 to find their rental and utility assistance program.  Tenants may also consult LegalFaq.org for additional local resources.

Tenants who are at risk of eviction should seek legal representation as soon as possible. A lawyer can help a tenant raise proper defenses in court and potentially request more time for while their application for financial assistance is processing. Tenants who have an eviction action can reach out to their local legal services provider or a local eviction defense program. To find local legal services, visit the national Legal Services Corporation's database.

Develop eviction diversion programs and conduct statewide advocacy

In addition to direct federal funding for tenants, the recent stimulus packages also contained funding for local and state-wide "eviction diversion programs." These programs provide an off-ramp for potentially unnecessary evictions. Cities including Memphis, Tenn., Louisville, Ky.,  and Portland, Ore. have recently adopted their own forms of diversion programs. Engage with and encourage local courts and towns to adopt a variant of these programs to limit evictions.

The federal government has also issued guidance to state courts about evictions following the end of the eviction moratorium. Engage with your local courts to ensure that they are making best efforts to follow this guidance — and are ensuring tenants have an opportunity to present a defense to their eviction and are granting continuances as widely as possible for those with pending funding applications.

Prevent discriminatory evictions and unlawful landlord actions

As landlords are once again able to evict tenants for non-payment of rent, we expect that some landlords will discriminatorily target renters of color for eviction. Ensure tenants and landlords fully understand the Fair Housing Act bars evictions or eviction-related practices discriminating on the basis of race or any other protected characteristic. If a landlord discriminates in any way, please fill in this complaint form or contact local legal services or the NAACP's Office of General Counsel as soon as possible.