Sheriffs Evict Tenants But Try Not to Make Them Homeless
Homelessness has always been a problem, but it means a heavier burden while COVID-19 fills hospitals. Recent surveys estimate about a third of tenants aren’t sure they’ll be able to pay next month’s rent. Homeless shelters could be the scenes of nightly super spreader events. But if property owners can’t pay their bills, many of them could be homeless too.
Reducing the Impact of Eviction
In many parts of the country , the county sheriff’s office is responsible for evicting residential tenants. In the western part of Massachusetts, the Hampden County sheriff is doing all he can to balance the needs of property owners and unemployed tenants who face winter weather and the prospect of a highly contagious disease.
The New York Times recently depicted a recent eviction of a young unemployed couple living in Chicopee. The tenants blamed their situation on the lack of steady jobs, income, family members who rejected them because of their homosexuality, and friends who feared the coronavirus’ spread. Evictions stopped for public health reasons. Federal restrictions recently ended on December 31 and certain California protections are set to end on January 31st.
About 6.7 million adults are likely to face eviction or foreclosure in January and February, reports the Census Bureau’s Household Pulse Survey. If the problem becomes this widespread, it will be a hotly debated issue locally and nationally. It’s the middle of winter, about 12 million people have lost jobs due to the pandemic, and a more contagious strain of the virus is starting to spread at a time when millions of Americans face homelessness.
For the sheriff of Hampden County, Nicholas Cocchi, these are not other people’s problems. His department supplies the workforce that removes people from their homes. Part of the county includes Springfield, where more than a quarter of the population lives below the poverty line.
Last year his department carried out 724 evictions. Cocchi understands the issues at play for all the parties and tries to find a way to make evictions “respectful and humane.” He says his goal is to avoid a “critically bad negative impact” in the expected wave of evictions.
Making the Best of a No-Win Situation
His main idea is to work with tenants who will be evicted to find alternative housing, and if that fails, short-term shelter. “I can do that. It’s my job. I believe I owe that to you,” he said. Cocchi, and others like him, face multiple issues:
- He will be up for re-election in 2022 and evictions are unpopular
- The tenants’ rights movement is more powerful and better able to get attention
- The halt to evictions has caused a huge backlog. Since October, when the Massachusetts eviction moratorium ended, his process servers have delivered 1,062 notices to quit, the first of three warnings before an eviction
Add to the mix eviction’s human impact the department sees:
- The 80-year-old diabetic who stopped taking his insulin, found unresponsive in his bathtub
- The 71-year-old woman with dementia, so confused and sad she was taken back to their office, where department employees sang to her
- The woman who slept on a sofa in her storage unit because the shelters were full
A department employee spent a few days trying to find a landlord willing to accept the couple from Chicopee. Their household income was about $1,300 a month from unemployment compensation while area landlords want tenants’ income three times the price of rent. This makes finding an apartment while unemployed practically impossible. The employee found space at a shelter, but a friend of the couple offered them space to live. These efforts are not normally the work of a sheriff’s department.
But if they can prevent an eviction, it benefits all the parties involved. Recent research shows that for years to come the record of an eviction can make finding a job or new apartment harder and receiving federal housing assistance more difficult.
Cocchi said he hoped courts and landlords would try mediation to lessen the number of evictions. Given the negative impact on public safety and health, courts should be more understanding of the situation. This sheriff is doing everything they can while these issues continue to mount as COVID-19 case counts continue to worsen.
We’re Here to Help
Landlords and tenants should work together to try to get past disputes to avoid litigation, costs, fees, and unnecessary legal battles. It’s a tough situation for both sides, but it can be less bad if both sides can give something to keep the relationship intact. One big factor is the demand for the rental space. What’s the going rate for this home in this economy? If it’s decreased, perhaps it could temporarily go down to a point the tenant can afford.
Even without COVID-19 eviction moratoriums, removing a tenant is a detailed process requiring strict adherence to the law. A technical mistake can force you back to square one, so you’ll need to invest more time, energy, and money to try it again. If your tenant is represented by a lawyer, you must be especially careful to do things right.
If you have any questions about COVID-19 limits on a residential eviction or need legal representation to protect your rights, call my office at (949) 244-4207 or fill out our contact form today. We can talk about your situation, how these eviction bans may apply, and your best options to reach your goals.
