National Eviction Protection is Gone, Now What?

American flag framing documents advising tenants of eviction for non-payment of rent.

Eviction can be a very scary experience for anyone, but especially for people who don’t have a permanent place to live. It can also be a challenging process, both legally and emotionally. If you’ve been affected by eviction in the past few months or years, there are some things you need to know.

In this blog post, we will explore everything from the legal process to finding new housing. We hope that by reading this article, you will have a better understanding of what has happened to you and where to go from here.

Background on National Eviction Protection

National Eviction Protection was a federal law that provided broad protections to tenants from eviction. The law was created in response to widespread evictions during the Great Recession, and it protected people living in apartments, homes, and co-ops. The law provided minimum standards for eviction proceedings, including required notice to the tenant, hearings where the tenant could present evidence on their case, and an opportunity for the tenant to appeal an eviction if they believe there was improper conduct involved.

The National Eviction Protection Act became largely obsolete with the passage of the 2017 Tax Cuts and Jobs Act. Section 706 of the Tax Cuts and Jobs Act repealed most of the provisions of National Eviction Protection, including all requirements related to notice, hearings, and appeals. This means that landlords can now evict tenants without any formal process or minimum standards, and tenants have very little chance of defending themselves in court.

This change has had a dramatic impact on rental markets across the country. In particular, it has increased rent prices and driven many low-income residents out of their homes. Many landlords are now using evictions as a way to raise rents quickly and get new tenants into properties who will be more likely to pay higher prices. This shift has led to increasing numbers of families being displaced from their homes, with serious implications for their ability to find stable housing and access important services like health care.

There is still some hope that Congress may pass legislation that would undo or at least mitigate some of the harmful impacts of the 2017 Tax Cuts and Jobs Act. However, until that happens, tenants in affected areas are advised to arm themselves with information about their rights and options, and to seek assistance from community organizations or legal resources if they feel they are facing an eviction.

What is happening with National Eviction Protection?

National Eviction Protection was a federal program that offered protections to tenants who were facing eviction. The program was effective in helping tenants stay in their homes, and it was available to all renters, not just those who were experiencing financial difficulty. However, as of October 1, 2018, National Eviction Protection is no longer available.

Now what? If you are a tenant who is facing eviction, you may need to find other ways to protect yourself. There are a few things that you can do to prepare for an eviction:

1. Make sure that you have proper documentation – If you are facing eviction because you have violated your lease agreement or rent payment schedule, make sure that you have copies of all relevant documents (such as leases, rent receipts, etc). Having this information will help prove your case if you need to go to court.

2. Contact a legal representative – If you decide to fight the eviction in court, it will be important to have an attorney on your side. Legal representation can help protect your rights and ensure that the eviction process goes as smoothly as possible.

3. Keep track of any pending evictions – If there are any other evictions taking place in your building or community at the same time that yours is happening, be sure to keep track of which units are being targeted so that you can avoid them if possible. This can be done by checking online housing databases or reading local news reports about pending evictions.

State Options for Protecting Tenants

Tenants in the United States have a number of state options for protecting themselves from eviction, depending on their location. Some states have specific laws prohibiting landlords from evicting tenants for certain reasons, such as not paying rent. Other states have laws that protect tenants from eviction only if they have a lease agreement that specifies certain protections. In other states, there is no statewide protection for tenants, but individual cities or counties may have measures in place that protect tenants from eviction.

Some landlords try to evict tenants without proper legal justification or by using unfair tactics such as raising rent suddenly or changing the terms and conditions of the lease agreement. By knowing your state’s eviction protection laws and using them to protect yourself and your belongings, you can reduce your chances of being evicted unfairly.

Final Thoughts

It’s been a tough few years for landlords and property managers, to say the least. From rent hikes to regulation from both state and federal governments, it seems like everything is against them these days. But despite all the challenges, there are still ways that landlords can protect themselves and their properties.