Editorial: Tenants must act to get rent relief

It would be easier to think of the latest version of the federal eviction moratorium, meant to keep households sheltered while the coronavirus pandemic raged under the latest delta variant outbreaks, as an extension of the old, expired one.

But it’s not the same.

In Hawaii, renters had a week longer under the state’s own moratorium, which only lapsed at the end of last Friday, meaning the new federal protection slipped into place almost seamlessly. It is likely at least to buy a little time for county governments to funnel federal rent and utilities relief to those who lost income due to COVID-19 and fell behind on the rent.

The main difference this time, however, is that tenants have to take action in order to claim it — something that wasn’t required during the bans in place through the course of the pandemic.

The Hawaii ban first was ordered by Gov. David Ige in April 2020; landlords and tenants were covered by the moratorium without having to do anything on their own.

The concern, say the legal and social-service agencies working to distribute relief funds, is that too many people will be stuck in that passive mode and will miss their chance to seek the assistance that’s provided for them. That is what the professionals have to work to overcome, and quickly.

Now only the federal moratorium remains, and it’s uncertain for how long.

In September 2020, the Centers for Disease Control and Prevention instituted the first federal order, which was extended three times since President Joe Biden took office. But it finally ended July 31, when the U.S. Supreme Court signaled that, lacking authorization from Congress, it was not likely to approve another extension.

Congress did not act but, under political pressure from some of its liberal members, the president moved to authorize a new, narrower moratorium. This one tailored the evictions ban for counties where the increase in infections is at high or substantial levels — conditions that apply to virtually to all of Hawaii and the entire country.

It is a time-limited ban, though: As the state’s vaccination efforts start to curb infection rates, Hawaii may no longer qualify; also, there already are lawsuits asserting the Biden administration lacked the authority to launch the program at all.

The challenge now will be to push tenants in particular to apply for the new federal protection. In addition, a new state law compels a landlord to inform a tenant of an opportunity to reach a settlement through mediation.

Overall, pursuing the federal protection from eviction is well worth the effort even if it’s short-lived, said Dan O’Meara, consumer and housing managing attorney for the Legal Aid Society of Hawaii, which represents many tenants in eviction cases.

“The umbrella may develop holes, but at least you’re under it,” O’Meara said. “Otherwise, you’re out in the storm.”

The moratorium is meant for evictions that otherwise might happen for nonpayment of rent due to pandemic economic loss. There are criminal cases, tenant lapses causing health and safety problems, and other reasons a tenant still could be evicted for cause, O’Meara said.

But most people affected by the economic downturn of 2020-21 should be able to make a claim. And they should do so right away: The CDC form to claim a stay of eviction and submit to a landlord is online (808ne.ws/eviction).

Legal Aid is calling its clients; other agencies, such as Council for Native Hawaiian Advancement, also are doing outreach to renters.

But it’s up to the tenants, who too often avoid confronting landlord problems until it’s too late, to take the first step.