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COVID-19 in Texas: State and Local Housing Stability Policies

Local and state policies to increase housing stability during the COVID-19 pandemic

Protections for Texas Renters: COVID-19

In response to the COVID-19 pandemic, the federal government and local jurisdictions in Texas have adopted the following protections for tenants to help them stay in their homes. The information on this page is focused on residential tenancies and not commercial tenancies.

For more information about protections and financial assistance available to Texas renters, visit https://stoptxeviction.org/ 

If you know of any updates that should be made to this page, please email CommunityAssistanceProject@law.utexas.edu.

FEDERAL GOVERNMENT

CDC Order, September 1, 2020

An order from the U.S. Centers for Disease Control and Prevention protects certain renters from eviction for nonpayment of rent. Under the Biden Administration, the CDC has extended the federal moratorium through June 30, 2021.

The moratorium applies only to renters who meet all of the following criteria:

  • The renter expects to earn no more than $99,000 in annual income in 2020 ($198,000 if filing a joint return), or was not required to report income to the IRS in 2019, or received a stimulus check under the CARES Act;
  • The renter has “used best efforts to obtain all available government assistance for rent or housing”;
  • The renter is unable to pay rent in full or make full housing payments due to a substantial loss of household income, loss of compensable work hours or wages, a layoff, or “extraordinary” out-of-pocket medical expenses (=likely to exceed 7.5% of adjusted gross income for the year);
  • The renter is using “best efforts” to make timely partial payments as close to the full rental/housing payment as possible; and
  • If evicted, the renter would likely become homeless, need to live in a shelter, or need to move in with another person because they have no other housing options.

To qualify under the moratorium, the renter must also submit a declaration to the landlord under penalty of perjury that they meet these standards. A template for the declaration can be found here. Renters can be subject to criminal penalties for false or misleading statements. Under the moratorium, renters are still liable for their rent and subject to late fees, penalties and interest for nonpayment of rent.

The moratorium blocks any actions by a landlord, residential property owner, or other person with a legal right to pursue eviction from evicting a tenant who qualifies under the moratorium.

More information on the moratorium can be found in fact sheets prepared by the National Low Income Housing Coalition and National Housing Law Project.

March 1, 2021 update: On February 25, 2021, a federal district court from the Easter District of Texas ruled in Terkel v CDC that the CDC order is unconstitutional. According to a press release from the Department of Justice, this order only effects the landlords in that case (Lauren Terkel, Lufkin Creekside Apartments, Lakeridge Apartments, and MacDonald Property Management). The CDC order continues to apply to other landlords in Texas and other parts of the country.

Consumer Financial Protection Bureau (CFPB): Interim Rule

The CFPB issued an interim final rule to support the CDC’s eviction moratorium. The rule requires debt collectors, including attorneys, seeking to evict tenants for non-payment of rent to provide tenants who may have rights under the CDC Order (see above) with clear and conspicuous written notice of these rights. The notice must be provide on the same day as the eviction notice, or if not eviction notice is required by law, on the date the eviction action is filed. The CDC has issued sample language that complies with the rule. The federal Debt Collect Procedures Act provides a private cause of action against violators of the rule.

Federal Stimulus Legislation: CARES Act, March 27, 2020

Landlords covered under the CARES Act must provide tenants with a 30-day notice before proceeding with an eviction action. The following properties are covered by the CARES Act protections: (1) Low Income Housing Tax Credit properties; (2) single-family and multifamily properties backed by federal loans (Fannie Mae/Freddie Mac/USDA/FHA/VA) (Section 4024 of the Act); and (3) most federally-subsidized rental housing properties (e.g., public housing, Section 8 vouchers, project-based Section 8 and others).

  • This site covers how to identify whether a property is covered by the CARES Act. Here is a map showing which multifamily rental properties in Texas are covered by the CARES Act. Note that this map does not include covered single-family properties.
  • The National Low Income Housing Coalition is tracking which properties are covered by the CARES Act moratorium. This list is not comprehensive and does not include single-family rental homes of 1-4 units and does not include all of the multifamily properties backed with Fannie Mae or Freddie Mac mortgages.

Additional federal protections

  • Under the CARES Act and additional federal guidance, while in forbearance from making montage payments under a federally-backed mortgage, multifamily landlords (5 or more units) must the following protections for renters:
    • Suspend evictions for renters based on nonpayment of rent, fees, or other charges.
    • Provide tenants with flexibility to repay back rent over time and not in a lump sum (for HUD/FHA and Fannie Mae/Freddie Mac properties).
    • Not charge tenants late fees or penalties for nonpayment of rent.
    • Give tenants at least a 30-day notice to vacate before proceeding with an eviction action.
    • Inform tenants in writing about the protections.

These protections apply to:

  • Multifamily properties in forbearance with FHA-assisted mortgages, Section 202, Section 811 and certain other programs administered by HUD’s Office of Multifamily Housing.
  • Fannie Mae and Freddie Mac have extended these protections for mortgages backed by those two entities through at least June 30, 2021.

STATE OF TEXAS

Supreme Court of Texas

Here’s a link to all of the Texas Supreme Court’s emergency orders still in effect.

April 28, 2021: The Texas Supreme Court issued Emergency Order 37, renewing the Texas Eviction Diversion Program. The order, which expires on July 27, 2021, allows an eviction proceeding to be abated for 60 days upon agreement of the landlord and tenant and makes court records confidential for participants in the program while the eviction cases are abated.

The goal of the Eviction Diversion Program is to reduce the number of evictions by creating a forum for landlords and tenants to agree upon the resolution of non-payment of rent issues, supported with rental assistance for tenants via federal funding distributed through the Texas Department of Housing and Community Affairs.

Under the Program:

  • Landlords must review information about the Program on the Office of Court Administration website before filing an eviction case.  In their eviction citations issued to tenants, landlords must (1) affirm they reviewed the program information and (2) include a specific notice to tenants and a copy of the State of Texas Eviction Diversion Program brochure.
  • On the eviction trial date, the judge must discuss the Program with the landlord and tenant and ask whether they are interested in the program.
  • At any time during the 60-day period, a landlord in an abatement agreement can file a motion to reinstate the eviction case, and the eviction trial must then be set within 21 days.

This website includes useful information about the Prrogram including landlord and tenant eligibility criteria. Additional information on the Eviction Diversion Program is available here. The Texas Legal Services Center has also established a toll-free hotline to assist individuals seeking legal assistance at 855-270-7655. And the Texas Department of Housing and Community Affairs has a website and a toll-free hotline to provide information at 800-525-0657 or 512-475-3800 (pick option 4).

Attorney General

August 7, 2020: The Texas Attorney General issued a non-binding opinion stating that Texas local governmental jurisdictions do not have authority during a disaster to prohibit, delay, or restrict the issuance of a notice to vacate for an eviction. In response, the Texas Justice Court Training Center provided courts with a useful analysis of local authority to postpone evictions (at link scroll down to “Eviction Cases” and “AG Opinion on Local Eviction Ordinances”).

LOCAL GOVERNMENTS IN TEXAS

Right to cure/grace period to catch up on rent

  • Austin. Here’s an informational sheet created by BASTA on Austin’s renter protections.
    • December 10th, 2020: The Austin City Council extended its 60-day catch up on rent ordinance, which was originally adopted in March 2020. The ordinance requires landlords to provide tenants with a “notice of proposed eviction” at least 60 days before proceeding with a notice to vacate, which is required under state law before a landlord can file an eviction. The notice of proposed eviction must provide tenants with the “right to cure” any late payments in at least 60 days. The ordinance now runs through May 5, 2021.
  • Dallas. April 22, 2020: The City Council adopted protections to help renters avoid eviction from their homes due to nonpayment of rent.  The protections resemble those previously adopted by the Austin City Council and require residential landlords to issue tenants a “Notice of Possible Eviction” before sending a notice to vacate for nonpayment of rent. The notice must include information on rental assistance programs and provide tenants with at least 21 days to negotiate lease payment agreements with their landlords. If a tenant provides proof of financial hardship due to COVID-19, their landlord must provide the tenant with 60 days to catch up on the late rent or enter into a payment plan. Here is more information about the Dallas eviction protections. The Dallas protections expire upon the Governor’s termination of the State of Disaster due to COVID-19.
  • San Marcos. April 2020: The San Marcos city council adopted an ordinance giving tenants a 90-day right to cure any delinquency as a result of the pandemic. Landlords must provide tenants with a Notice of Proposed Eviction giving tenants at least 90 days to catch up on any late rent payments before proceeding with a notice to vacate. The ordinance expires upon the expiration of the city’s declaration disaster.

Local policies governing eviction notices and hearings:

  • Austin (see also Travis County below) 
    • April 30, 2021: Austin Mayor Adler issued an updated order extending the city’s ban on notices to vacate in residential evictions to May 31, 2021. The order bars landlords from issuing notices to vacate in any of the following three instances: (1) a residential tenant who fails to pay rent and the amount of the tenant’s rent is $2,475 or less per month; (2) a residential tenant who fails to pay rent and provides the landlord with the CDC declaration or other form with the same substantive information; or (3) a commercial tenant (defined to be a childcare business, live music venue, arts venue, or restaurant/bar). There are exceptions for instances in which (1) the tenant or tenant’s guests, customers, etc. pose an imminent threat of physical harm, criminal activity or property damage that interferes with use of an occupied dwelling and (2) an insured casualty loss such as fire, explosion, etc. makes the residential premises totally unusable.
      • The order further extends the ban on notices to vacate from June 1, 2021, through August 31, 2021, but if a tenant has not provided the landlord with the CDC declaration or other form with the same substantive information, the Mayor’s April 30th order modifies the grounds upon which landlords may not issue a notice to vacate.
  • Houston
    • February 16, 2021: The City Council adopted a “grace period” ordinance prohibiting landlords from evicting a renter or initiating an eviction during the six week period that the ordinance is in effect (until March 31, 2021), except for instances involving threats to the health or safety of other residents. The ordinance also prohibits removing the renter’s property or seizing the renter’s nonexempt property subject to a lien under Section 54.041 of the Texas Property Code. The ordinance only covers renters who are covered by the federal CDC eviction order and have submitted the CDC’s declaration form to their landlord. The ordinance does not relieve renters of their obligations to pay rent. The ordinance expired on March 31, 2021.
  • San Antonio
    • April 7, 2020: The Bexar County Justice Courts issued an order requiring that eviction cases be abated upon a CDC declaration being provided to the landlord. The order sets out procedures for when an eviction may proceed. An eviction lawsuit must also state whether a property is a CARES Act covered property, whether a 30-day notice was issued, and whether the landlord received the CDC declaration from the tenant. The order runs through June 30, 2021.
    • June 25, 2020: The San Antonio City Council adopted an ordinance requiring landlords to send tenants a notice of tenants rights whenever they send out a notice to vacate. The landlord must provide a copy of the notice created by the City. The notice includes information on housing assistance resources, outlines the eviction process, and provides a link to a self-help information packet with advocacy information. The ordinance applies to all residential landlords in the city limits.
  • Travis County
    • April 30, 2021: Travis County Judge Andy Brown has extended the County’s order barring certain notices to vacate in residential evictions through May 31, 2021,  and then from June 1 to August 1, 2021, with some additional conditions upon which a landlord can issue a notice to vacate. The order is modeled off of Mayor Adler’s order for the City of Austin (discussed above).
    • April 30th, 2021: The Travis County Justices of the Peace issued an updated order abating certain eviction trials until after May 31, 2021, and then from June 1 to August 1, 2021, with a number of exceptions spelled out in the order.

 

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