CARES Act

November 2020: Rental Assistance, CARES Act

This was originally published on November 30, 2020 in the OCDCA Newsletter.

Federal News:

Rental Assistance in the Headlines

Georgia District Judge Upholds CDC's Temporary Eviction Moratorium

From Enterprise Community Partners...On October 29, a federal judge rejected a motion for a preliminary injunction against the CDC's temporary eviction moratorium for qualifying renters, upholding the temporary moratorium put in place by the Trump administration. The injunction was filed by the New Civil Liberties Alliance on behalf of a Virginia housing provider and the National Apartment Association. By rejecting the motion for a preliminary injunction, the court has upheld the CDC's nationwide freeze of most residential evictions for nonpayment of rent. As of now, the CDC's emergency health order will continue to protect qualifying renters from eviction for nonpayment of rent through December 31, 2020. Enterprise has joined partners in urging Congress and the Administration to provide emergency rental assistance in conjunction with eviction protections to avoid widespread homelessness and the loss of affordable homes.

Even with moratoriums and some financial relief, evictions remain a threat in Central Ohio

Even as an eviction moratorium promises to blunt the impact of the Covid-19 pandemic, hundreds of eviction filings are being filed in Franklin County each month.

Read the full story in Columbus Business Journal.

Poverty Projections Illustrate Need for Federal Relief Package

A report from the Center on Budget and Policy Priorities (CBPP), "Weakening Economy, Widespread Hardship Show Urgent Need for Further Relief," outlines the need for additional federal funding amid COVID-19. Many funding sources within the CARES Act have expired or run out of funding, and many of the lowest-income individuals were left out of the initial provisions. CBPP reports that despite recent modest economic growth, unemployment remains high and disproportionately affects low-wage workers and people of color. As a result, poverty is projected to increase from 10.5% in 2019 to 13.6% in late 2020. Read more.

Federal Reserve Issues Community Reinvestment Act ANPR

The Federal Reserve Board of Governors released an Advanced Notice of Proposed Rulemaking (ANPR) for the Community Reinvestment Act (CRA). Comments are due by February 16. Suzanne Killian from the Fed summarized the ANPR at the NACEDA Summit in October. President-elect Biden made CRA reform a notable piece of his policy platform during the campaign. However, hurdles remain for him to implement his agenda as it relates to CRA, including an uncertain partisan makeup in the Senate, and how (or if) he can replace Brian Brooks, Acting Comptroller of the Currency. The OCC finalized its rule in May. Advocates have called on President-elect Biden to scrap the OCC's rule and proceed with a new CRA rule under the Federal Reserve's leadership.

State News

Ohio CARES Act Funding for Families and Small Businesses

Low-income families and small businesses hit hard financially by the coronavirus are getting $429.5 million in federal relief.

The relief package includes $50 million for low-income families to pay their rent, mortgage, and sewer and water bills. Those funds are being distributed to Community Action Agencies using the Community Services Block Grant formula. Households with incomes up to 200% of the federal poverty level will be eligible. Households can apply for aid through their local Community Action Agency starting November 2nd.

The Ohio Development Services Agency just recently made an additional $55.8 million in rental assistance available through the state's CDBG II and III allocations. This new rental assistance funding will also be distributed through community action agencies.

Another $125 million will be available for small business relief grants of $10,000, with an additional $37.5 million to help bars and restaurants with $2,500 grants, and $20 million to support arts and cultural organizations. Learn more about small business relief here. The application for small business relief opened November 2.

Loophole Threat to Payday Lending Reform

During this lame duck legislative session, an amendment was introduced in the Senate to House Bill 38 that could have created a loophole sending payday lenders out of the Ohio Fairness in Lending Act statute (HB 123, 2018) and into the Consumer Installment Lending Act (CILA) statute allowing for unlimited fees. OCDCA worked with our partners and the installment lenders to revise the vague amendment that would close the loophole. As of this writing, we're hopeful that the unintentional threat will be eliminated. Read Nate Coffman's testimony. Payday lending reform is working with affordable loans widely available, costing approximately four times less than before, and it has effectively stopped the debt trap. Consumers are saving more than $75 million dollars a year and benefit from widespread access to affordable credit.

Bill Would Make it Harder and More Dangerous for Ohioans to Organize

Introduced in the House Criminal Justice committee on November 19th, HB 784 would make it harder for Ohioans to organize. The bill seeks to amend several sections of the Ohio Revised Code to increase penalties for certain assault, vandalism, and riot offenses; allow peace officers to bring civil suits against persons participating in a riot and organizers regardless of participation in illegal acts; authorize individuals to use force, including deadly force against rioters to escape; and to prohibit bias motivated intimidation of first responders. The bill seeks to make protest organizers and community activists legally responsible for any and all actions of protest attendees or individuals in the vicinity of a gathering. It also encourages deadly force be used by civilians on other civilians in order to "escape riots." There is possibility that this bill could encourage vigilantes to seek out protests in order to incite violence and use deadly force to leave the scene.

October 2020: Rebuilding Ohio Launches

Federal News

Rental Crisis and CDC Eviction Moratorium to Benefit Landlords Over Renters

New data analyzed by the Center on Budget and Policy Priorities (CBPP) found that one in three adults had trouble paying for usual household expenses in the last seven days; the difficulty is particularly acute for Black, Asian, and Latino adults. In fact, 48% of Black adults and 45% of Latino adults report difficulty covering regular expenses, compared to 25% of white adults. The analysis also reveals that nearly one in six renters are not caught up on rent, one in five Latino and Asian renters, and one in four Black renters. One in five renters living with children are behind on rent, and more than 4 in 10 children in renter households face food and/or housing hardship. Read more of this article here. This CNN story highlights a Columbus family and neighborhoods at risk for COVID witnessing disproportionately high eviction rates.

From the National Low Income Housing Coalition (NLIHC)...The Trump administration issued on October 9 harmful new guidance on the Centers for Disease Control and Prevention's (CDC's) eviction moratorium for nonpayment of rent. The guidance grants landlords additional power and creates new burdens for renters seeking moratorium protections.

The CDC instated on September 4 a moratorium on evictions for nonpayment of rent for tenants who meet certain eligibility criteria and who submit a signed declaration of eligibility to their landlord. While the new guidance does not rescind this vital protection, it allows landlords to challenge tenant declarations and allows landlords to initiate eviction

proceedings for nonpayment of rent at any time, although an actual eviction of a covered tenant cannot take place until the moratorium expires on January 1, 2021.

Allowing landlords to challenge declarations of eligibility shifts the burden of gathering paperwork and evidence to renters struggling to remain stably housed during the pandemic. Moreover, permitting landlords to initiate eviction proceedings - even when covered renters cannot be evicted until the moratorium ends - provides landlords new opportunity to intimidate tenants who are behind on their rent and pressure tenants to vacate their homes sooner.

The new guidance undermines the intent of the order by eroding protections for renters and making it more difficult for struggling renters to remain stably housed.

More information:

  • Read the CDC's eviction moratorium order here.

  • See NLIHC's resources on the CDC's eviction moratorium here.

State News

Rebuilding Ohio Launches Platform to Help Ohio Thrive Post-pandemic

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While crisis management is far from over and the need for resources for relief and basic needs is paramount, it's important that policymakers begin to think about how recovery will look. Ohio's Main Streets, neighborhoods, businesses, employees, and residents will be foundational blocks to revitalizing Ohio's communities and economies.

To lead Ohio into this recovery, a statewide coalition of Ohio's economic and community development nonprofits have joined together to form the Rebuilding Ohio Coalition that represent over 300 community and economic development nonprofits, and serve hundreds of small businesses and thousands of families. Rebuilding Ohio has established a platform that provides policymakers with a blueprint for sensible policy solutions that can be adopted to help Ohio's families, small businesses, and neighborhoods thrive in the post-pandemic world.

The Rebuilding Ohio platform offers a series of policy recommendations for state policymakers, which focus on three policy areas:

  • EMPOWER OHIO'S FAMILIES THROUGH HOUSING, FINANCIAL STABILITY, AND FOOD SECURITY. Working families are especially hard hit by the pandemic; the Coalition's six recommendations provide a comprehensive approach that stabilizes families and improves the quality of life in marginalized communities.

  • FORTIFY OHIO'S SMALL BUSINESSES AND MAIN STREETS. Ohio's cities and towns are all unique, thanks to their local businesses and merchants, as well as their beautiful downtowns and commercial corridors in. The Coalition's four recommendations help local leaders retain and support local businesses and the heart of their communities.

  • STEWARD RESOURCES EFFECTIVELY AND BUILD LOCAL CAPACITY. With so few resources available and need so great, it is imperative that every dollar is stretched to the maximum. The Coalition offers three commonsense recommendations to ensure communities use state and federal investments strategically and building expertise at the same time.

To read the full platform, and to learn more about the Rebuilding Ohio Coalition, follow the coalition on Twitter @RebuildOhio and visit www.rebuildingohio.org.

Ohio to send $429.5M to Families, Businesses, and Nonprofits for COVID-19 Relief

Low-income families, small businesses, bars and restaurants, hospitals, colleges, nonprofits and arts groups hit hard financially by the coronavirus will be getting $429.5 million in federal relief, Gov. Mike DeWine announced Friday afternoon.

DeWine said the relief package will include $50 million for low-income families to pay their rent, mortgage, and sewer and water bills. Those funds will be distributed to Community Action Agencies using the Community Services Block Grant formula. Households with incomes up to 200% of the federal poverty level will be eligible. Households can apply for aid through their local Community Action Agency starting November 2nd.

Another $125 million will be available for small business relief grants of $10,000, with an additional $37.5 million to help bars and restaurants with $2,500 grants, and $20 million to support arts and cultural organizations. Learn more about small business relief here. The application for small business relief opens November 2.

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