Imposed on Aug. 10, the new protections are very similar to the ones put in place last year in the General Assembly, says Kateland Woodcock, a housing attorney for Central Virginia Legal Aid Society. The language is a lot clearer, but just like the previous protections, the new ones are only temporary.
"It's not just an automatic thing, it's something that the tenant has to seek out and do," said Woodcock.
Tenants trying to avoid eviction due to nonpayment must keep up to date with which federal and state protections can be used in their favor. In regards to the federal safeties, a tenant must sign the required declaration of nonpayment and present it to their landlord.
Virginia appropriated over $465 million from the U.S Treasury for the state's Emergency Rental Assistance in the recent budgetary session. Last July, the state created its Rental Relief Program, a statewide plan that can aid up to 15 months of rent for renters. The program has aided over $311 million to over 48,000 households. Over $700 million remains for potential renters in need.
The extended protections went into effect on Aug. 10 and will remain until June 30, 2022.
Last year, the state imposed a budget bill in conjunction with the Center for Disease Control's eviction moratorium to protect renters. Both entities imposed laws prohibiting landlords from evicting a tenant or obtaining possession of a housing unit due to hurdles caused by COVID-19.
The CDC eviction moratorium ended July 31, but the entity extended a portion of the protections for areas where COVID-19 transmissions are high until Oct. 3. Petersburg is among the four cities and 11 counties in the state safeguarded by the moratorium.
Landlords are still required to tell their tenants about the RRP or apply on their behalf. Evictions may only proceed if the tenant is denied from the program, not approved within 45 days of a completed action, or 14 days after any subsequent action or if the relief program runs out of money.
Additionally, tenants who were able to pay all fees owed before their eviction days could only utilize that power with larger landlords once every 12 months. Tenants can now use that power more than once under the prolonged protections.
These extended protections last up until June 2022. The 60-day postponement, in which renters can postpone an eviction case with proof of reduced income for up to two months, will expire at the end of September.
Communicating the presence of the RRP is the most profound component that continued over from the previous emergency order that ended in June, says Woodcock. Larger landlords are under the most scrutiny with the continued protection. Landlords who own four or more housing units must offer tenants into a payment plan if they are behind on rent, and cannot discriminate against renters on the basis of income, in addition to complying with the RRP guidelines.
If a tenant agrees to comply with a written payment plan, the landlord is prohibited from getting possession or evict for nonpayment of rent.
"As far as I can tell...These landlords with all of this particular staying power and who supply a lot of the rental market are having to be more accommodating to the people they serve," said Woodcock.
Renters under "mom and pop landlords," proprietors that own less than four units, are not covered by the payment plan provision. At most, the landlords still have to provide a 14-day notice for non-payment or get tenants on rent relief.
Renters and landlords alike can access the application here. Those interested can also call at 703-962-1884 or email rrp@dhcd.virginia.gov.
Landlords Still Looking for Loopholes
Hampered by the continued restrictions, landlords are finding ways to remove struggling residents. Woodcock says landlords are seeking loopholes like not renewing a lease for reasons other than non-payment.
Many tenants in Petersburg are facing a backlog in rent payments, Woodcock says. Residents who receive money from unemployment compensation are some of the most vulnerable to evictions.
There was a nearly month and a half break between the end of the state emergency order and the Aug. 10 reinstallments. If an eviction was scheduled between June 30 and July 31, it is covered by the CDC moratorium extension. If an eviction was completed between Aug. 1 and Aug. 3, a tenant will not be covered by the CDC protections.
If an eviction lawsuit, a Summons for Unlawful Detainer, was filed but not decided by Aug. 10, renters are protected under the new budget bill.
"The case has to be clear that a landlord is trying to circumvent the federal moratorium and/or the budget protections by filing a case for reasons other than nonpayment when nonpayment is the true issue between them," said Woodcock.
Woodcock says she hasn't seen any evictions filed during the period of no protections.
Woodcock and other housing advocates are doing their best to push their services to residents. Virginia renters can access the Virginia State Bar website for free and discounted services, or reach out to legal centers like CVLAS or the Virginia Poverty Law Center.
An information session on the COVID-19 protections and utility affordability will be open to the public on Wednesday, Aug. 18 at Pathways in Petersburg from noon to 2 p.m. The event is free and Woodcock and officials from the Virginia Multifamily Energy Efficiency Coalition will be present.
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