Eviction in the United States - Wikipedia Eviction in the United States From Wikipedia, the free encyclopedia Jump to navigation Jump to search Evicted men and child with belongings on street. New York City, 1910s. Part of a series on Living spaces Main House (detached) • Apartment • Housing projects • Tenement • Condominium • Mixed-use development (live-work) • Hotel • Hostel (travellers' hotel) • Castles • Public housing • Squat • Flophouse • Green home • Shack • Slum • Shanty town Issues Affordability • Environmental planning • Fair housing • Healthiness • Homelessness • Housing discrimination • Home ownership • Ownership equity • Rent • Subprime lending • Subsidized housing • Sustainable development • Vagrancy Society and politics Housing subsidy • Rent control • Real estate economics • Redlining • Right to housing v t e The procedure and rate of eviction in the United States varies by locality. Landlord-initiated expulsion of tenants is not officially tracked or monitored by the Federal government, and has historically not been subject to comprehensive analysis. The 2016 publication of the book Evicted: Poverty and Profit in the American City by Matthew Desmond raised awareness of the issue. A database created by Desmond found that landlords had been granted eviction notices for one in 50 renter households in analyzed regions. This rate only counts evictions that engage the legal process, as many evictions are informally conducted between landlords and renters, it likely undercounts actual evictions.[1] Contents 1 Causes 2 Evictees 3 Consequences 4 Rates and locations 5 Eviction laws and policies 6 Eviction during the COVID-19 pandemic 7 See also 8 References 9 External links Causes[edit] Number in Poverty and Poverty Rate: 1959 to 2015. United States. Most evictions in the United States occur because the tenant cannot or will not pay rent. Landlords can also expel tenants for breaking the law, damaging property, sub-leasing, or causing a disturbance. In most American municipalities, tenants who haven't violated their lease can be expelled, in what is known as "no-fault evictions."[2] Most renting families under the poverty line spend more than 50% of their income on rent, with one in four such families spending over 70% of their income on rent and utilities. About one in four low-income renters receives housing assistance.[2] Eviction rates are higher in communities with multiple aggravating factors, including high levels of poverty. These include local laws that give advantage to landowners and a lack of available affordable housing that would increase market pressures to keep rents low.[1] When housing pressures are extreme, even middle-class and working class renters are evicted by landlords eager to capitalize on the rising market rates, such as in San Francisco during the various tech booms. In such circumstances, landlords may seize upon minor violations that were previously tolerated, such as keeping a small pet or storing a bicycle in the hallway, to evict renters. The situation in California is aggravated by the Ellis Act, which allows landlords to evict tenants and immediately sell the vacant apartments as condominiums.[3] Evictees[edit] Evictions disproportionately affect low-income women, in particular women of color.[2] Approximately one in five African-American women renters report being evicted as some point in their life, while the equivalent rate for white women renters is one in 15.[4] Victims of domestic violence and families with children are also at high risk of eviction.[2] Renters who appear in eviction court are three times more likely to actually be evicted if they live with children.[4] Almost 15% of US children experience an eviction by the age of 15.[5] Consequences[edit] Protesters linking arms to prevent San Francisco Sheriffs' deputies from evicting elderly tenants. August 4, 1977 Eviction is a cause of poverty, as well as a result of it. The loss of home often results in the loss of community connections, as well as children being forced into a new school. Possessions are routinely lost, as they are placed outside on the sidewalk or placed in storage that can only be accessed by paying a fee. A legal eviction typically goes on the permanent record of the boarder, resulting in automatic rejection by other landlords or housing authorities.[2] Experiencing eviction disqualifies an individual from federal housing subsidies.[5] Persons who are evicted lose their jobs at higher rates, either because of the new stress or because the job is no longer easily accessible in a new residence. Mental health often suffers, with one study finding that evicted mothers reported higher rates of depression two years after being expelled.[2] Rates and locations[edit] There is no government reporting system on eviction, so variance by location and time were, at best, little understood and, at worst, invisible. This began to change with the implementation of Princeton University's Eviction Lab which published the results of an analysis of 900,000 eviction notices that occurred in 2016.[1] Steel screen installed over windows as an evicted tenant's property is removed. Minneapolis, MN A house in Minneapolis is boarded up in 2009 after the tenant was evicted Striking workers in Pittsburgh being evicted, 1909 Large U.S. Cities with Highest Eviction Rates, 2016[6] Rank City Eviction Rate 1 North Charleston, South Carolina 16.5% 2 Richmond, Virginia 11.44% 3 Hampton, Virginia 10.49% 4 Newport News, Virginia 10.23% 5 Jackson, Mississippi 8.75% 6 Norfolk, Virginia 8.65% 7 Greensboro, North Carolina 8.41% 8 Columbia, South Carolina 8.22% 9 Warren, Michigan 8.08% 10 Chesapeake, Virginia 7.9% Eviction laws and policies[edit] Eviction laws in the United States vary by jurisdiction, and are based on state statute and common law.[7] Additionally, landlord-tenant law at the state level is often based on the Model Residential Landlord-Tenant code or the Uniform Residential Landlord and Tenant Act, known as URLTA.[8] Eviction during the COVID-19 pandemic[edit] During the COVID-19 pandemic in the United States, mass job loss and unemployment led to fears of mass evictions as tenants became unable to pay rent. An analysis by the Aspen Institute indicated between 19 and 23 million, or 20 percent of renters, are at risk for eviction by the end of September, 2020;[9] a separate July 2020 analysis projects 16 million households unable to pay rent and at risk of eviction, with a potential 11 million eviction filings in the next four months.[10] In response, the federal CARES Act included an eviction moratorium for federally-backed rental properties; however, this expired on July 24,[11] and no enforcement mechanism was provided.[12] States and cities also passed a variety of temporary eviction moratoriums.[13][14][15] As these moratoriums expire over the course of 2020, there were fears of a massive wave of evictions; by mid-June 2020, over 40% of states offered renters no protections.[16] Nevertheless, on September 4, 2020, The Centers for Disease Control and Prevention (CDC) issued an Agency Order known as Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19.[17] This agency order will be effective from September 4 to December 31 of 2020, during which time, “a landlord, owner of a residential property, or another person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any jurisdiction to  which the order applies.” [17] Under The Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19, a covered person is a tenant that has given their landlord the legal right to evict them, but has declared, under penalty of perjury, that: available housing assistance has been pursued; homeless status is likely after the eviction; the tenant is making their best efforts to pay at least part of the rent, there was a substantial household income loss that prevents the tenant from paying rent; and the tenant will not earn more than $99,000 USD in annual income for the taxable year of 2020, or will not be required to report incomes in 2019, or, under the CARES Act received an Economic Impact Payment.[18] However, that does not mean that the individual obligations to comply with the agreements on the tenancy contract are relieved. The order does not eliminate individual obligations to make housing payments, pay the rent, or add interest, if applicable.[19] Moreover, tenants can still be evicted for other reasons apart from not complying with the timely payment. For instance, evictions due to criminal activity, violation of building codes, threat other residents safety are allowed under the order.[19] In addition, the agency order will not apply in areas that already have an eviction moratorium. For example, The California Governor stated that the Temporary Halt will not apply in the state because they have established a stronger protection.[20] Furthermore, the order allows states to enact other actions aimed to provide even further assistance to tenants, which implies that tenants not covered by the federal order, could be covered by some state protection. [21] In this way, there are states and cities that issued their own eviction moratoriums.[22] For instance, the state of Massachusetts issued the "Bill providing temporary protections for renters and home owners during the COVID-19 emergency". However, the moratorium waived on October 17 of 2020. Hence, the CDC order will take effect.[23] See also[edit] Wikimedia Commons has media related to Eviction in the United States. Home-ownership in the United States Housing insecurity in the United States Homelessness in the United States Poverty in the United States Legal Aid in the United States Uniform Residential Landlord and Tenant Act References[edit] ^ a b c Badger, Emily; Bui, Quoctrung (2018-04-07). "In 83 Million Eviction Records,a Sweeping and Intimate New Look at Housing in America". The New York Times. Retrieved 2018-04-16. ^ a b c d e f "Why Eviction Matters". Eviction Lab. Princeton University. 2018-04-16. Retrieved 2018-04-16. ^ Christie, Les (2014-10-29). "Rents are soaring -- and so are evictions". CNN Money. Retrieved 2018-04-16. ^ a b White, Gillian B. (2016-04-01). "America's Insidious Eviction Problem". The Atlantic. Retrieved 2018-04-16. ^ a b Jula, Megan (2020). "Eviction's long reach". Knowable Magazine. doi:10.1146/knowable-092320-1. ^ "Top Evicting Large Cities in United States, Ranked by Eviction Rate". Eviction Lab. Princeton University. 2018-04-16. Retrieved 2018-04-16. ^ "Landlord-Tenant Law". LII / Legal Information Institute. Retrieved 2020-07-19. ^ "Landlord-Tenant Law". LII / Legal Information Institute. Retrieved 2020-11-10. ^ "20 Million Renters Are at Risk of Eviction; Policymakers Must Act Now to Mitigate Widespread Hardship". The Aspen Institute. 2020-06-19. Retrieved 2020-07-11. ^ Stout Risius Ross LLC. "Estimation of Households experiencing rental shortfall and potentially at risk of eviction". app.powerbi.com. Retrieved 2020-07-22. ^ "Foreclosure and Eviction Moratoriums Under the CARES Act". The National Law Review. Retrieved 2020-07-19. ^ Ernsthausen, Jeff; Simani, Ellis; Elliott, Justin. "Despite Federal Ban, Landlords Are Still Moving to Evict People During the Pandemic". ProPublica. Retrieved 2020-07-26. ^ Shaw, Al; Simani, Ellis; Ernsthausen, Jeff; ProPublica; May 18; June 29, 2020 Updated; 2020. "Can I Be Evicted During Coronavirus?". ProPublica. Retrieved 2020-07-19.CS1 maint: numeric names: authors list (link) ^ Lab, Eviction. "COVID-19 Housing Policy Scorecard". Eviction Lab. Retrieved 2020-07-26. ^ O’Connell, Ann; Attorney. "Emergency Bans on Evictions and Other Tenant Protections Related to Coronavirus". nolo.com. Retrieved 2020-07-26. ^ "Why US is expecting an 'avalanche' of evictions". BBC News. Retrieved 2020-07-19. ^ a b "Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19". Federal Register. 2020-09-04. Retrieved 2020-11-10. ^ Centers for Disease Control and Prevention. "HHS CDC TEMPORARY HALT IN RESIDENTIAL EVICTIONS TO PREVENT THE FURTHER SPREAD OF COVID19 FREQUENTLY ASKED QUESTIONS" (PDF). CDC. Retrieved 2020-11-10. ^ a b National Center for State Courts (2020-09-08). "Temporary halt in residential evictions to prevent the further spread of COVID-19". Retrieved 2020-11-10. ^ "Gov. Newsom: CDC eviction ban does not apply in California". California Apartment Association. 2020-09-02. Retrieved 2020-11-10. ^ O’Connell, Ann; Attorney. "Emergency Bans on Evictions and Other Tenant Protections Related to Coronavirus". www.nolo.com. Retrieved 2020-11-10. ^ O’Connell, Ann; Attorney. "Emergency Bans on Evictions and Other Tenant Protections Related to Coronavirus". www.nolo.com. Retrieved 2020-11-16. ^ "Mass. Ban on Pandemic Evictions, Foreclosures Ending". NBC Boston. Retrieved 2020-11-16. External links[edit] Eviction Lab from Matthew Desmond at Princeton University—a nationwide database of evictions v t e Housing in the United States by state or territory States Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Non-states American Samoa Guam Northern Mariana Islands Puerto Rico U.S. Virgin Islands Washington, D.C. 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