U.S. Supreme Court blocked the federal eviction ban. What Columbus renters need to know
The Supreme Court blocked the federal eviction ban late Thursday, a move that could affect renters and landlords across Columbus.
After the initial federal eviction moratorium expired on July 31, a new one was issued in response to the rapid spread of the delta variant and to provide more time for federal rental assistance funds to be distributed to landlords and renters.
A group of landlords and real estate agents from Alabama and Georgia challenged the new moratorium, arguing that landlords have lost as much as $19 billion per month during the pandemic. The court ruled in favor of the landlords 6-3, stating that another eviction moratorium should be up to Congress and not the Centers for Disease Control and Prevention.
“If a federally imposed eviction moratorium is to continue,” the decision reads, “Congress must specifically authorize it.”
Here’s what the Supreme Court decision on the federal eviction ban means for tenants and landlords in Muscogee County.
What happens to people who filed for an eviction moratorium hold?
Molly Sutter, a staff attorney for the Georgia Legal Services Program, said renters who have a hold on their eviction should expect the process to pick back up at the point they were at before the hold was placed. If the landlord hasn’t filed for eviction, they can file. Or if they haven’t scheduled a move out with the sheriff’s office, they may now schedule it.
What is the local court’s opinion on the moratorium?
Previous court rulings on the eviction ban had been conflicting and unclear, said Muscogee County Municipal Court Judge and Chief Magistrate Steven D. Smith. However, he said he would honor the ban until there was a definitive ruling.
The new ruling is clear, Smith said, and as of today there is no moratorium.
“Some judges have said, ‘well, I’m going to wait and see what Congress does,’” Smith said. “I can’t agree with that line of thinking because Congress might do something in 24 hours, but more than likely, they’re not.”
Many of the pending cases have been held so long that the lease is up and tenants have already moved, he said. At least one landlord has told him they will not be filing for evictions because their tenants have already applied for rental assistance, Smith said.
Where can I get legal advice about my eviction?
Georgia Legal Aid Services provides free civil legal services for Georgians with low incomes. The firm can help provide legal aid to those facing eviction.
What kind of rental assistance is available to renters and landlords?
There are a number of community outreach programs throughout Columbus that can help residents with rental or utility assistance. Landlords and renters can apply for the Georgia Rental Assistance Program if they qualify.
What federal funds are available?
The Georgia Rental Assistance Program is tasked with distributing $552 million of federal funds throughout the state to those who have hardships caused by the pandemic.
In order to ensure a smooth process, it is important that applicants correctly fill out the application and provide the relevant documents, Tonya Cureton, deputy commissioner of housing for the Georgia Department of Community Affairs, said.
The program has been expanded twice since it began in March to include households who receive a federal monthly subsidy, such as a Housing Choice Voucher, and counties and cities with over 200,000 people. Previously, residents in these regions applied for assistance through local municipality programs.
