Activists worry Fort Worth’s plan for renters will lead to mass evictions
The month of April was quiet in Tarrant County’s Justice of the Peace courts. State and county moratoriums barred courts from holding eviction hearings, and landlords, who could still file paperwork to begin the eviction process, held off. The number of filings tumbled from a typical month’s count in the high hundreds to about 75 in April, according to Stuart Campbell, an attorney with Legal Aid of NorthWest Texas.
Judge Sergio De Leon, who oversees a Justice of the Peace court in Fort Worth, saw the decrease in filings as a sign that landlords and tenants were solving problems together. “That there’s some communication,” he said, “and that both sides are doing what they can to resolve the matter peacefully without any court order.”
Fort Worth, to a greater degree than similar big cities in Texas, is banking on a spirit of cooperation between tenants and landlords to continue as the moratoriums likely end later this month — a decision that housing advocates fear could lead to increased homelessness.
For cities to be in the best position to avoid a rash of evictions, they need to offer renters both assistance to cover rent and a grace period to keep them in their homes while waiting on funds, said Christina Rosales, deputy director of the Texas Housers advocacy group. Although Fort Worth has set aside $15 million to help residents who are short on rental and mortgage payments, it has not followed the likes of Dallas, Austin and San Marcos and instituted grace periods that give renters between 60 to 90 days to come up with rent after a notice to vacate is given. Without the grace period, Rosales fears it will be harder for Fort Worth to avoid “a mass eviction epidemic.”
Fort Worth already has the highest eviction rate of any big city in Texas. Nearly 1 in 20 renters is subject to eviction in a given year, according to data from Eviction Lab. Its eviction rate is about two times higher than Houston’s, three times higher than Dallas’ and four times higher than Austin’s.
Carol Klocek, CEO for the DFW-based Center for Transforming Lives, said she was thrilled when she found out Fort Worth could provide $15 million in housing relief. But she said it is an issue to assume the funding will arrive to renters before their rent is due and, if not, that all landlords would be flexible. A grace period, which essentially gives renters a second chance to pay what they owe, would cover situations where tenants don’t have the benefit of an understanding landlord.
Grace periods are built into the law in other states. Not in Texas. A tenant who does not pay on the date rent is due may be considered in breach of the contract and at risk of eviction. The landlord can also accept the late rent and then continue the eviction process. “Some landlords will just say you’re out and not take the rent,” said Sandy Rollins, executive director of the Texas Tenants’ Union. “Others will take rent and then say get out because you didn’t do this on time.”
And during the coronavirus crisis, a grace period is an extra safety net for when the system is overloaded by people seeking unemployment and rental assistance benefits. In Dallas, about 16,000 people applied for $13.7 million of available assistance on the first day applications were accepted, crashing the website. Fort Worth plans to begin accepting applications for its funding on Wednesday. The funds are expected to be distributed to eligible households in late May or early June. Those who owe rent on the first of the month may not receive their assistance on time.
“Look at all of the problems because of the unemployment claims. Those are being processed much more slowly,” Klocek said. “All those things are contributing risk factors for people becoming evicted. What we want to do is freeze that.”
Activist Pamela Young said a grace period would also benefit people with higher incomes who do not qualify for the assistance but may still need added time if they’re dealing with reduced wages. The mortgage and rental relief funding is estimated to cover about 4,200 households with mostly low-to-moderate income levels. “People live paycheck to paycheck well above the poverty line,” said Young, a lead organizer for United Fort Worth.
The Apartment Association of Tarrant County, which advocates on behalf of the housing industry, does not support a grace period. Perry Pillow, the group’s director of government, said the rental relief program — as well as a 120-day eviction moratorium on federally backed housing — gives tenants assistance they need while ensuring landlords still get paid. The Apartment Association has been working closely with Fort Worth City Council.
City Council members Gyna Bivens and Ann Zadeh said the Council considered the idea of a grace period, but the legal department doubted Fort Worth’s ability to enforce one. In an informal memo shared with council members, city manager David Cooke questioned how a city could create an ordinance for a process that is governed by state law. Asked whether Tarrant County would consider mandating a grace period, Judge B. Glen Whitley said: “We are working very closely with landlords, rental associations, apartment associations. We are going to do everything we can to encourage them to work with tenants who may be behind on their rent.”
The City Council is trying other ways to prevent mass evictions. Zadeh said council members want the Apartment Association to encourage landlords to waive late fees and is working to offer clear guidance about tenants’ rights and resources on the city’s website. And Tarrant County has added a new case worker and an intern to field more phone calls about housing assistance.
In lieu of a grace period Bivens said, “what we tell people to do is talk to landlords and establish a rapport.” But she is still concerned the relief funding set aside by Fort Worth won’t be enough: “It’s just very hard to say if any of this is adequate. I would say probably not because I know we can’t meet everybody’s needs.”
As the end of the moratorium approaches, De Leon has been trying to educate Fort Worth residents on evictions. He teamed with Legal Aid of NorthWest Texas last week to hold a Facebook live session about tenants’ rights. One of the focal points was making sure renters knew that a notice to vacate does not force them out of a dwelling; it is just the beginning of the process.
In Austin, where a 60-day grace period was passed by the City Council, every notice to vacate must include details explaining to tenants they have a minimum of 60 days to catch up on rent and avoid eviction. Rollins said if Fort Worth did the same, it would help not only renters but all of Fort Worth. “If they don’t deal with it now they’re going to have to deal with it later,” she said. “It’s so much more effective to keep people housed than to deal with people who are homeless.”
Tips for renters who need assistance
- Call 817-392-5720 to apply for rental assistance from the city of Fort Worth; call 817-531-5620 for a Tarrant County help line regarding rental and utility assistance.
- A notice to vacate is not an eviction. It begins the process and does not force you to immediately leave your home. An eviction can only be carried out if signed by a court. And if a landlord does not provide a notice to vacate, the landlord may not begin an eviction process.
- Because of the Tarrant County and state moratoriums, you cannot be evicted, except for criminal or violent behavior. The state moratorium ends May 18; the Tarrant County moratorium is indefinite, although judges plan to hold eviction hearings the first week of June.
- The federal CARES Act prohibits evictions, late fees and notices to vacate until at least July 24 on properties with federally-backed mortages. These properties include public housing, Section 8 voucher housing, LIHTCH and many others. See a list here.
- For a list of local organizations that assist renters, including Legal Aid of NorthWest Texas, see this list.
This story was originally published May 6, 2020 at 6:00 AM.
