Over the last year, thousands of Virginia renters have been able to stay in their homes thanks to a variety of eviction prevention measures, including a statewide rent relief program. But on July 1, Governor Ralph Northam lifted Virginia’s state of emergency, which spells the end for some of those protections. And on July 31, the Center for Disease Control’s nationwide ban on evictions will permanently expire.
“We’ve definitely seen an uptick lately in the [eviction] filings,” says Brian Campbell, co-chair of Charlottesville Democratic Socialists of America’s housing justice committee. “I don’t know if that’s because landlords were anticipating the end of the moratorium and went ahead and started filing. But I definitely think that when the moratorium ends, [this] is a preview of things to come.”
“Even some of the larger complexes…have started filing for evictions for people who owe less than a month’s rent,” he adds. “It seems like they’re really going to go hard after people.”
Now that the state of emergency is over, landlords no longer have to apply for rent relief on behalf of their tenants, don’t have to notify their tenants about available rent relief programs, and are allowed to initiate eviction proceedings more quickly. They also no longer have to wait 45 days after they (or their tenant) apply for relief to proceed with an eviction.
“If a landlord doesn’t want to bother applying for rent relief, or accept the funds, they don’t have to,” says Caroline Klosko, a housing attorney for the Legal Aid Justice Center.
A few key state protections remain in place, though. Through the end of September, renters facing eviction can request a 90-day continuance of their case if they can prove they were unable to pay their rent due to the pandemic. Until July 1, 2022, landlords must also give tenants two weeks—instead of five days—to make a missed payment. And landlords who own more than four units must offer payment plans for late rent.
Virginians are still able to apply for rent relief from the state. Because some tenants have struggled to access that program, LAJC is hiring someone to assist local residents with their applications over the next few months.
Despite these efforts, Klosko expects to see a “vast increase” in evictions in the area when the CDC moratorium expires at the end of the month.
In the coming months, DSA and LAJC hope Charlottesville gets its right-to-counsel program, approved by City Council in April, up and running. Though City Manager Chip Boyles said the new program—which would provide lawyers for low-income households facing eviction, significantly increasing their chance of staying in their homes—will be paid for by American Rescue Plan funds, the process for distributing those funds is not yet underway.
“The next challenge is to try to get Albemarle [County] to pass something similar,” says Campbell. “That seems like it’s going to be a little bit more of an uphill battle.”
In the meantime, Klosko encourages residents who receive an eviction notice to contact LAJC as soon as possible.
“We want to figure out if there’s a way we can help,” she says.
