City Of San Antonio: Texas Supreme Court Issues Emergency Order To Extend The Texas Eviction Diversion Program Protections

Press release from the City of San Antonio:

Tuesday, September 28, 2021

CONTACT: Elizabeth Mercado, 210-207-5414
elizabeth.mercado@sanantonio.gov

SAN ANTONIO (September 28, 2021) – The Texas Supreme Court issued Emergency Order 42, extending the Texas Eviction Diversion Program protections until December 1, 2021. The Texas Eviction Diversion Program (TEDP) is the first of its kind to offer statewide eviction diversion. The goal of the program is to reduce the possible surge of evictions due to the COVID-19 pandemic and provide landlords and tenants an opportunity to resolve rent disputes for the purpose of avoiding evictions and mitigating the impacts of filed evictions on tenants. This program is supported by state and local rental relief programs assisting residents who are behind on rent payments.

The order, which expires on December 1, 2021, allows an eviction proceeding to be abated for 60 days and seals court records for participants in the program while the landlord and tenant apply for rental assistance. If the landlord and tenant participate in either the state or local rental assistance programs, the court records remain sealed permanently. Tenants and landlords can participate in the program and records can be sealed even after there is a judgment and up until a writ of possession is issued. The order also notes Courts must allow legal aid providers to be present in court to provide assistance for eligible tenants.

Previous versions of this order applied only to rental assistance programs where the plaintiff (or landlord) was the applicant. The Neighborhood and Housing Services Department (NHSD) submitted a letter to the Texas Office of Court Administration in August 2021 asking that the Texas Supreme Court extend the confidentiality protections to tenants who have pending applications for rental assistance, like the San Antonio’s Emergency Housing Assistance Program, to protect tenant’s long term rental records. “We’re happy to hear about the new order from the Texas Supreme Court,” said NHSD Director Veronica Soto, “and the peace of mind this will bring San Antonio tenants experiencing COVID-19 related hardships.”

This press release was produced by the City of San Antonio. The views expressed here are the author’s own.