Laws for tenants will change after June 30. What are some resources for rent relief and evictions?
As the rental assistance peters out, evictions will be expected to increase in the state.
When the pandemic hit, the federal government scrambled to help people struggling with rent to ensure tenants remain sheltered in a time of unprecedented crisis. Virginia launched the Rental Relief Program (RRP) in June 2020, and has received more than $1 billion from the Virginia Housing Trust Fund and the federal government.
As of June 10, the state has provided over $920 million in rental assistance, according to the Virginia Department of Housing and Community Development (DHCD).
On paper, rental assistance was set to expire on June 30. However, the DHCD says that those who applied for rent relief before the May 15 deadline will continue to receive help until the money runs out, which is expected to be towards the end of summer.
For households that applied before the deadline, those with incomes less than 50 percent of the area median or those who have not had employment in the past three months will be prioritized in funding. Applications submitted between April 21 and May 15 will also be processed on a first-come, first-served basis.
While help through the Rental Relief Program is now closed, those who are now facing evictions still have some additional resources they can access.
Missed the RRP deadline? Here’s how you can still get financial assistance.
Tenants are still in luck, as the Virginia Eviction Reduction Pilot (VERP) will offer up to $1,500 in rent relief. Money will be prioritized for those who are facing court. You can apply for VERP here.
While this is a short-term solution, Michelle Jones of Housing Opportunities made Equal of VA, says that it can help with those who are a couple months behind on rent, or to cover court fees. It can help tenants who are still looking for employment for the next month ahead.
Jones also encourages calling their resource line, Partnerships for Housing, for additional resources that can be made available to those who need it.
For those who are looking for additional financial assistance, Alexis Carey, public relations director for the Virginia Department of Housing and Community Development, (DHCD) encourages renters to reach out to the Virginia Department of Social Services Information and Referral Services (VDSS) or dial 2-1-1 to get in contact. The agency will be able to provide information on other action agencies, community partners and non-profit organizations designed to help those in financial need.
Renters can also view the landlord tenant handbook for more information on housing jargon used in leases, the rights of the landlord and tenant, other notices and more.
What laws are changing after June 30?
Starting July 1, landlords are no longer required to give a 14-day notice to tenants for their non-payment. They may resume giving only five days for tenants to pay rent, according to Stay Home Virginia. This shortened notice means that renters will have less time to make their late rent payments, and more tenants could be facing eviction.
Landlords will also no longer be required to offer tenants a payment plan or apply for rent relief on behalf of their tenants.
To prepare for the upcoming changes Jones recommends that tenants take a look at their household income, do some credit management, take another job if need be, get job training to advance one’s skills, and see what can be done to prioritize rent.
I’m facing an eviction. Who can help?
For those living in the Tri-Cities, the Central Virginia Legal Aid Society (CVLAS) can provide free legal assistance to individuals facing evictions from landlords or private management companies. The Legal Aid Justice Center (LAJC) provides free legal help for those facing evictions in public housing only. However, LAJC may represent people in tenant’s rights cases when a landlord has violated the lease, the state law, or other non-compliance issues.
The Central Virginia Legal Aid Society will not open a case without all the proper paperwork attached.
Before reaching out to legal aid, the most important thing to do is to make sure you have all paperwork, including the eviction notice, the court summons and any receipts of payment, on hand. Contact legal aid as soon as possible when you receive a court summons to give them adequate time to work your case.
Kateland Woodcock, an evictions attorney for the CVLAS, said that what she most wants people to know is how the process of evictions work. Oftentimes, she gets cases from people who already had a court hearing, which then she won’t be able to provide assistance for. Or, she will have people reaching out to her a few days before trial, which won’t provide her adequate time to prepare for the case.
Sometimes, people may receive an eviction notice and assume that they have to leave right away, and that they can’t fight their case. Other times, people will choose not to show up to court.
“If your landlord has sued you at this point, they’re not your friend,” Woodcock said. “They may still want to work with you, but they are not your friend.”
What is the eviction process and what are tenant’s rights?
When a tenant receives an eviction notice, they must make sure to show up to the court hearing. Failure to do so will result in an automatic ruling in favor of the landlord according to state law.
In Petersburg, during the docket call, the judge will decide if there is enough of a dispute to hold a trial. If there isn’t, they will either dismiss the case or grant judgment to the landlord. If there is enough evidence for dispute, then a trial will be scheduled to consider the case.
After the trial, if the landlord wins the case, the tenant has 10 days to appeal the decision in the circuit court by filing a Notice of Appeal. If they do not appeal, then on the 11th day, the Writ of Eviction will be processed, allowing the sheriff to be able to evict the tenant from his/her home. When the sheriff hands the tenant an eviction, by law, he/she must give the tenant at least three days to vacate.
Tenants have the right to reverse the eviction if they pay all rent that is owed and fees associated with it (court costs, late fees, etc.) at least two days before the scheduled eviction in what is called the right of redemption.
The most common cases Woodcock receives are non-payment of rent either due to covering child expenses, not being able to sustain working because of health issues or employment loss due to pandemic related reasons.
“I think it’s easy for the middle class to feel like we’ve recovered from the pandemic because we’re able to live our lives but for people who have lower income, it hasn’t happened yet,” Woodcock said.
What are some other eviction resources?
Should tenants find themselves facing court, Woodcock suggests the Virginia Poverty Law Center as a resource for information on a variety of different housing issues. The website holds information regarding tenant’s rights and protections. HOME of VA also offers housing stability resources and workshops.
Woodcock says that by educating and getting people to know and advocate for their rights, working to fix the law and the courts, would really benefit everybody.
Aside from educating the public about what their rights are, Woodcock suggests that things in the laws and the systems should change to make things more equitable. Allowing rent to be stabilized or having some sort of rent control so that it doesn’t get sky-high is important, says Woodcock. So is finding solutions other than evictions when possible, like putting together a payment plan or getting other sources of help like assistance with finding jobs.
“We need people to really start becoming advocates and helping with our policy and research and being a part of making changes for policy,” Jones of HOME said.
Joyce Chu, an award-winning investigative journalist, is the Social Justice Watchdog Reporter for The Progress Index. Contact her with comments, concerns, or story-tips at Jchu1@gannett.com or on Twitter @joyce_speaks.
Anna Chen is a news intern for The Progress-Index. Reach her at achen@gannett.com or on Twitter @annasummerchen.
This article originally appeared on The Progress-Index: Additional resources available for VA tenants after rent relief expires
