Landlords Review Options As Federal Eviction Moratorium Ends

ACROSS WISCONSIN — After four extensions and numerous challenges in court, the federal moratorium protecting Wisconsin renters from eviction during the pandemic is set to expire in just a few days.

The moratorium, issued by the Centers for Disease Control and Prevention, officially ends July 31. The most recent extension was issued in June, and federal officials have indicated they have no plans to extend it again.

Days before the moratorium ends, landlords came together to discuss their options, and thousands of Wisconsin renters prepare for what's next.

Millions Across U.S. Face Eviction

Days before the moratorium ends, more than 1.4 million Americans are saying it’s very likely they’ll be evicted from their homes in the next two months, according to the U.S. Census Bureau’s Household Pulse Survey.

On top of that, about 4.9 million renters say they have no confidence in their ability to pay rent next month, while 7.4 million are still trying to catch up on rent payments.

While the federal government has funneled more than $46 billion in assistance to the country’s renters during the course of the pandemic, distributing that money has proved difficult. In some cases, the money never reached its intended recipients.

Ultimately, little has been done to curb an all-but-certain wave of eviction proceedings once the moratorium is lifted. Meanwhile, the White House is pushing state and municipal governments to do everything they can to stave off an eviction crisis.

“It’s fundamentally the responsibility of state and local governments to get relief in the hands of renters and landlords,” Susan Rice, director of the White House’s Domestic Policy Council, said during an early July meeting.

Here’s what’s happening in Wisconsin as the end of the federal eviction moratorium draws near:

Anxiety Among Wisconsin Renters Is Moderate

Renters in Wisconsin share the same fears as others across the nation. Nearly 14,000 renters in our state are saying it’s very likely they’ll be evicted from their homes in the next two months.

Meanwhile, 32,000 renters say they have no confidence in their ability to pay rent next month and a further 77,889 are still trying to catch up on rent payments, according to the Census Bureau.

Evictions Could Spike Post-Moratorium

Perhaps unsurprisingly, evictions in Wisconsin and in other states across the country dropped in 2020, according to the Eviction Lab at Princeton University.

In a typical year, landlords file about 3.7 million eviction cases in court; however, from March to December 2020, eviction filings were down 65 percent in cities and states tracked by the Eviction Lab.

This was especially true in states and municipalities that prohibited landlords from taking the first steps of the eviction process, which included issuing eviction notices or filing cases in court.

Now, experts say an eviction crisis is “looming” in the United States.

Through its research, the Princeton University group noted that evictions spiked during short periods throughout the pandemic where no moratorium was in effect. For example, in the two weeks between the end of CARES Act coverage and the start of a moratorium extension, evictions were up 68 percent from the historical average. By Aug. 30, filings had returned to pre-pandemic levels.

The increase, researchers say, suggests landlords were acutely aware of what moratoriums were in place and were ready to kick out tenants who hadn’t paid their rent as soon as it was legally allowed.

Around 16 percent of adult renters were not current on their housing payments as of July 2021, according to an analysis by The Center on Budget and Policy Priorities.

“We’re going to see what we’ve been managing to stave off: this wave of evictions that is just going to crush some of these areas,” John Pollock, coordinator of the National Coalition for a Civil Right to Counsel, told CNBC.

Renters Of Color More At Risk

While fewer eviction cases have been filed throughout the pandemic, Black and Latino renters — particularly female renters — remain disproportionately at risk of being filed against for eviction and being evicted, according to the Eviction Lab.

Eviction Lab data showed that filings after March 15, 2020, targeted the same communities and individuals who were most at risk of eviction prior to the pandemic.

Notably, Black renters received a disproportionate share of all eviction filings. While Black renters make up 22.8 percent of all renters tracked by the Eviction Lab, they were subject to 35.2 percent of all eviction filings between March 15 and Dec. 31.

Landlords From Southeastern Wisconsin Discuss Their Options

Landlords from around Wisconsin came together with community advocates in a virtual meeting Wednesday, held by the Apartment Association of Southeastern Wisconsin (AASEW), to discuss what they should do now that the eviction moratorium is over.

AASEW is a rental property owner trade group for southeastern Wisconsin. The group was founded in 1974 and provides education, legislative support and networking opportunities for landlords in southeastern Wisconsin, according to its website.

Advocates from Mediate Milwaukee, the Milwaukee Social Development Commission (SDC) and various lawyers told the virtual meeting's audience that there are numerous options other than eviction available to landlords.

"An alternative to running down the the courthouse is mediation," Tim Ballering, one of the directors for AASEW, said.

Mediation is a process held by Mediate Milwaukee. The organization works to create a line of communication between landlords and tenants. The service helps create mutually beneficial methods of payment plans for tenants, and in the worst case scenario of eviction, can help facilitate a smoother living transition for the tenant, according to Amy Koltz, the executive director for Mediate Milwaukee.

Federal and state support for tenants is making its way in to Wisconsin, albeit slowly.

Lasonda Buck, a rental assistance supervisor for the Milwaukee Social Development Commission said in the meeting that the SDC offers other options as well. The commission has helped 1200 renters so far, and intends to aid more in their payments to landlords as relief money comes in, Buck said in the meeting.

"If you work to get assistance, you are likely to be made whole," Ballering told the meeting.

Landlords that immediately evict will surely get the tenant out, but Ballering said that would do nothing to recoup the money lost — waiting for assistance could be a better solution, he said.

If the only issue is rent, landlords could seek help from the SDC, Community Advocates or use Mediate Milwaukee, Tristan Pettit, a landlord-tenant attorney said in the meeting.

"Our hope is that most people can get these resolved," Pettit said.

If the tenant's issue is behavior, it's a separate issue.

"Those are the sad cases we will have to pursue eviction," Pettit said in the meeting.

Pursuing eviction may not necessarily get anything done faster than pursuing assistance anyways.

According to Nick Toman, an attorney with the Legal Aid Society of Milwaukee, there's a back log of eviction cases making their way through the county courthouse.

That backlog of cases and insufficient staffing could drag out eviction cases past the date landlords would have seen assistance, Toman said.

"I have no idea how it's going to play out at the courthouse," Toman said.

What Renters Can Do

While the process of finding and securing aid varies across states, the Treasury Department has published a list of state, local and tribal government emergency rental-assistance programs to help people find relief.

The Consumer Financial Protection Bureau has also issued guidance for renters, landlords and homeowners.

For renters, the bureau offers advice on paying rent and utilities, as well as talking to your landlord about a payment agreement. It also outlines what you can do to avoid eviction and goes through your rights as a tenant.