Evictions are dilemma facing many this summer
Just as university students head home from the city as the school year concludes, essentially setting the leasing market into Fall mode, the city of San Marcos will end its disaster declaration status, effective June 30.
This means that residents who were benefitting from any COVID-19 pandemic- related assistance with regard to rentals, especially, may find themselves at odds with landlords wanting to move forward with evictions.
The city in a press release dated May 16 stated that members voted 4-to-2, with one council member abstaining, to end the declaration of a local state of disaster that was originally issued in March 2020.
The motion that was approved was for the adoption of Resolution 2023-98R, which by council action, now brings an end officially to the formal declaration of a local state of disaster in the city due to the COVID-19 pandemic.
The last day of June takes residents right up to a July 1 due date for rents and for the possible resigning of a lease or perhaps, the contemplation of eviction.
The eviction protections of the last few years are particularly connected to the city’s declaration of disaster– from what was explained during the meeting– when one goes, so does the other. The link gave the city the authority to place restrictions on evictions during the beginning and the height of the pandemic.
At the start of the discussion before the vote on the resolution, city of San Marcos Mayor Jane Hughson said that with this particular item, “I am hoping we will all participate.”
Abstaining from the vote was council member Alyssa Garza, who expressed her concerns that the move to end the declaration with what she perceived to be a shorter amount of time for people to prepare, would hurt those still having trouble paying rent this spring. Many leases will expire at the end of July, for example, she said.
Garza said she has heard from constituents who are worried about possible evictions jeopardizing the ability to find housing. She argued in favor of a later date for the resolution to become effective.
Affordable housing is an issue facing many in San Marcos and other Central Texas communities, due to the strong economic growth that has increased the population and therefore the need and desire for housing. Austin, San Marcos and San Antonio are each home to major universities where the student population looking for housing creates additional pressures on the housing market. In San Marcos, Texas State is expanding its footprint for student housing with the construction of new dorm space, but the problem exists now, Garza explained.
For local landlords, the issue is equally important as they have been dealing with rent-related issues themselves throughout the pandemic.
City officials said the declaration gives council the authority to address health and safety concerns related to the COVID-19 pandemic including the disbursement of and accounting for funds given to the city during the pandemic from state and federal sources.
The council adopted an ordinance in April 2020 requiring landlords to provide tenants a 90day notice prior to issuing a notice to vacate if the tenant’s delinquency on rent payments is related to the impacts of COVID-19. The delay provided tenants the opportunity to cure overdue rent, fees, or other charges associated with the tenant’s lease before the tenant loses housing.
The eviction delay ordinance was to be effective for the duration of the declaration of a local state of disaster.
It was on Sept. 4, 2020, that the federal Center for Disease Control and Prevention announced a national four-month moratorium on residential evictions which was first extended through June 31, 2021. Under provisions of the CARES Act, pandemic measures provides “a temporary moratorium on evictions for most residents of federally subsidized apartments, including those supported by HUD, USDA or Treasury (Low Income Housing Tax Credit developments) as well a moratorium on filings for evictions for renters in homes covered by federally-backed (FHA, Fannie Mae, and Freddie Mac) mortgages for 120 days after enactment.”
The Department of Health and Human Services based on what it stated were current COVID-19 trends, ended the federal Public Health Emergency for COVID-19, declared under Section 319 of the Public Health Service (PHS) Act, on May 11.
The expiration of the city’s eviction delay ordinance will not impact notice requirements or other due process afforded to renters at risk of eviction as prescribed in state law, city officials said.
Assistant City Manager Chase Stappe told council members that the initial effective date, which they could change, was posted as June 30 per their instructions to staff.
He said, “We did it at your direction that you wanted that grace period.”
Hughson said she was surprised that the term “eviction” was not listed in the resolution specifically because individuals reading this would not necessarily put eviction and disaster ending together.
Garza said that the council had recently taken action earlier in the year to address the use of funding for housing and other assistance in 2023 but that those funds would likely not be available until late in the summer–by which time many would have been evicted or facing eviction from homes and apartments in the city.
She said that there is a limited amount of housing in the city for “average,” non-student residents to consider.
Additionally, if someone is evicted, that information on their record essentially may keep them from securing a new place to live. The rental process in Texas is more complicated than in other states, requiring an often lengthy application and fee process.
As detailed on the city’s website, on April 7, 2020, the council did pass an ordinance that required landlords to provide a notice of proposed eviction prior to issuing an actual notice to vacate to residents. The San Marcos ordinance of that date gave tenants a 90-day period to cure any delinquency as a result of the COVID-19 pandemic.
The city said they planned some strong community outreach.
Council member and Mayor Pro Tem Mark Gleason said he pushed for June 30 because it meant that the city’s ability to move forward and clean up pandemic- related items would be impacted by a delay, and this would also affect those looking to move into the city, especially college students, in advance of the start of the Fall semester.
He said that if people are not paying rent or that apartments or housing were vacant or abandoned, a later effective date would be an additional problem in correcting those issues.
“It’s not just somebody moves out, somebody moves in,” Gleason said, adding getting housing ready is a several weeks long process.
The city website lists several organizations and agencies that are ready to assist residents facing potential eviction or requiring other assistance.
For additional information, go tosanmarcostx. gov.
Similarly, Hays County offers guidance and information for its residents regarding the process and concerns for possible evictions.
At its website, hayscountytx. com, residents find a series of questions and answers that outline what people may expect and what resources are available, noting that the information presented does not constitute legal advice.
For example, laws in Texas currently, barring anything that may happen in the waning days of the 2023 legislature, are compiled in Texas Statutes and these are found online at http:// www.statutes.legis.state. tx.us.
According to the county, most 'laws about eviction and landlord-tenant matters are contained in the Texas Property Code Chapter 24, Forcible Entry and Detainer; Chapter 91 Provisions generally applicable to Landlords and Tenants; Chapter 94, Manufactured Home Tenancies) as well as the Texas Rules of Court.
Residents are also encouraged to visit the Hays County Law Library located at 712 South Stagecoach Trail, Suite 2026, San Marcos, during the hours of Monday, Tuesday, Wednesday and Friday from 8 a.m. to Noon, or on Thursday from 1 p.m. to 4 p.m. in search of legal information pertaining to tenant and landlord rights.
County officials note here that 'private property rights are serious matters for both property owners and those who have rights of occupancy granted to them by property owners in exchange for rent, or by other agreement. The rights to private property, the right to privacy and the right to be secure in one’s own home are issues for Constitutional dimension, and also involve issues of contract law.'
