The “moratoriums”: a recap
With the eviction defense at Red House going strong we thought it a good time to just recap what the “eviction moratoriums” do and how they work.
HB 4213 is the state wide eviction moratorium that went into effect near the beginning of the pandemic. Multnomah’s own moratorium, ORD 1287, has been in effect as well. Both of these moratoriums were NEVER designed to prevent ALL evictions.
These moratoriums only determine which types of evictions could still be made during the pandemic and which could not. The moratoriums simply declared that certain types of evictions have to stop, while others can still be processed (regardless of pandemic safety).
The moratoriums declare that evictions for reason of nonpayment of rent are not to be processed. Evictions for construction needs, selling the property, or landlord inhabiting the property are also forbidden. These are called “no-cause” evictions.
But the moratoriums do allow for “just-cause” evictions to continue. “Just cause” evictions can be based on tenants breaking other clauses in the lease, damaging their unit, having unauthorized roommates or tenants added to the unit, allegations of violence or criminal acts.
We have seen many “just cause” evictions during COVID19 in situations where someone lost a job or home during covid and moved in with their family or friend When the landlord finds out, they almost certainly file for eviction.
We have seen absolutely no evidence of landlords being charitable in court or from our interactions with tenants. The fabled “Mom and Pop” landlords are going just as hard on tenants as the large property owners and management companies.
In cities like Los Angeles there were moratoriums put into effect AND closures of eviction courts. Closing eviction courts completely is the only way to actually stop all (legal) evictions. However, self evictions due to landlord harassment have continued across the nation without stopping.
As of right now (Dec 10 2020) all of these protections end on Jan 1 2021. There is a proposal in the OR House, LC0018, which would extend SOME protections until July, but also ends many of the restrictions on “just cause” evictions. This proposal makes more evictions legal again.
We are waiting for the announcement about whether or not the legislature will meet for a session to consider LC0018 or other moratorium extensions. Gov Brown could also extend protections through an executive order, but has not yet committed to doing so. We need to be ready to make inaction unacceptable.
