Evictions are time-consuming and expensive but are the only legal remedy to remove a resident who has breached the lease. Given the complex nature of housing policies at the state and local level, Congress should not apply a one-size-fits-all approach. The appropriate federal role in evictions is leveraging federal dollars to help at-risk residents avoid eviction in the first place.
NMHC Eviction Mitigation Principles
In the wake of the recent Supreme Court Ruling striking down the federal eviction moratorium, NMHC, on behalf the 40 million Americans who call an apartment home, recommends apartment firms adopt the following principles to help renters as the country transitions back to normalcy:
- Encourage residents to seek rental assistance and apply on behalf of residents or assist with the application process where able.
- Offer solutions to help residents avoid eviction including payment plans, deferments and extended or flexible lease periods for residents who fell behind in rent payments due to the pandemic.
- Provide notice of at least 30 days to residents before filing an eviction for non-payment of rental obligations.
- Work with jurisdictions to break down artificial barriers to rental assistance benefits that stand in the way of residents receiving the help they need, like onerous documentation requirements.
- Identify governmental and community resources to broadly help residents secure food, financial assistance and healthcare and share that information with residents.
- Communicate with residents that it is a priority for the industry to partner with them to help them retain their housing.
Eviction is the legal process that enforces rental lease obligations. Unfortunately, common misconceptions have clouded the public understanding of this necessary tool. To help counteract some of these misconceptions, NMHC has created an educational primer that details the resident removal process step-by-step.
NMHC Pulse Survey on Eviction Mitigation Practices, which ran from July 19 to 26, with 74 leading multifamily firms responding.
More information on eviction, in addition to the NMHC/NAA viewpoint.Read More