ICYMI: Biden Administration Eviction Prevention Efforts

This week, the Biden Administration continued its all of government effort to keep Americans safe and housed. The Administration has been engaged for months in an all-out effort to push states and localities to get available emergency rental assistance delivered to families most in need and to take every step possible to protect renters at-risk of eviction. Those steps include engaging the local court system to ensure renters are aware of their rights and available assistance as well as implementing eviction diversion programs to help landlords and tenants find agreements that keep tenants housed.

On Wednesday, Attorney General Merrick B. Garland and Associate Attorney General Vanita Gupta met with over 35 Chief Justices of state supreme courts to discuss the housing and eviction crisis confronting the country and best practices courts can implement to limit evictions.

In a separate meeting, Second Gentleman Douglas Emhoff, White House Counsel Dana Remus, and Associate Attorney General Vanita Gupta convened the first listening session of the White House Legal Aid Interagency Roundtable (WH-LAIR) to discuss the Biden-Harris Administration's ongoing work to address some of the most pressing challenges posed by the pandemic, including the Administration's recent actions to prevent evictions, and to continue working with direct legal service providers to expand access to legal representation and the courts, and to ensure that federal resources make their way to the people who need them most.

And additionally, White House American Rescue Plan Coordinator Gene Sperling and Special Assistant to the President for Housing and Urban Policy Erika Poethig, along with officials from the Department of Housing and Urban Development and the Treasury Department, participated in a virtual listening session on Wednesday with Ronald Flagg, President of the Legal Services Corporation and representatives from six of affiliates, who provided reports from across the country. Presenters discussed the successes or barriers their clients were encountering in accessing emergency rental assistance from state and local programs, the current state of efforts to expand tenant protections and divert evictions in their communities, and ideas for further assistance.

Below are full readouts and coverage of the first two meetings:

Readout of Attorney General Merrick B. Garland and Associate Attorney General Vanita Gupta's Meeting with State Chief Justices

Today, Attorney General Merrick B. Garland and Associate Attorney General Vanita Gupta met with over 35 Chief Justices of state supreme courts to discuss the housing and eviction crisis confronting the country. The Attorney General thanked the Chief Justices for their work on the issue and highlighted the Associate Attorney General's recent letter outlining steps that state courts could take to raise awareness of emergency rental assistance and to implement eviction diversion strategies in their jurisdictions. The Attorney General applauded the work in states like Michigan, where the State Supreme Court has issued an order requiring courts to stay eviction proceedings for up to 45 days to allow a tenant to apply for rental assistance. In Texas, the Supreme Court modified the notices that are sent to tenants who are sued for eviction to make sure they are aware of the benefits available to them. Simple steps like these can increase the chance that tenants can stay in their homes and help courts that are being deluged with eviction filings. 

The Attorney General also heard from the Chief Justices about the obstacles their courts face in combating the crisis and committed the Department of Justice to doing everything it can to support their efforts. He emphasized that the federal government has made funds available to state courts that are seeking to implement eviction diversion programs, including the $350 billion that the American Rescue Plan allocated to state and local governments and the $46.5 billion Emergency Rental Assistance Program. The President of the National Center for State Courts spoke to the Attorney General about the work the Center has done to support eviction diversion efforts, including creating a diagnostic tool that helps courts fashion diversion programs that best suit their jurisdiction.

The Attorney General asked the Associate Attorney General and Chief Justices to continue working together on this critical issue and to identify obstacles that the federal government can help address.

New York Times: Garland presses state judges to stop evictions by connecting landlords and tenants to federal aid

"During Wednesday's meeting, Mr. Garland cited several state initiatives as models for localities to follow, including an order by Michigan's State Supreme Court requiring courts to stay eviction proceedings for up to 45 days to allow tenants to complete applications for rental assistance, according to Justice Department officials.

"Another effort Mr. Garland singled for praise was a directive by the Republican-controlled Supreme Court in Texas, which modified notices sent to tenants who are sued for eviction to make sure they are aware of the benefits."

Readout of the First Listening Session of the White House Legal Aid Interagency Roundtable

Today, Second Gentleman Douglas Emhoff, White House Counsel Dana Remus, and Associate Attorney General Vanita Gupta convened the first listening session of the White House Legal Aid Interagency Roundtable (WH-LAIR).  They were joined by five panelists and 33 administration officials to discuss access to justice challenges during the COVID-19 pandemic.  During the meeting, Mr. Emhoff, Ms. Remus, and Ms. Gupta discussed the Biden-Harris Administration's ongoing work to address some of the most pressing challenges posed by the pandemic, including the Administration's recent actions to prevent evictions.  They also re-affirmed the Administration's commitment to working with direct legal service providers to expand access to legal representation and the courts, and to ensure that federal resources make their way to the people who need them most.

The WH-LAIR will continue to convene and discuss how the federal government can incorporate legal services among the range of supportive services provided, and increase the availability of meaningful access to justice for individuals and families, regardless of wealth or status.

Panelists included: 

• BB Beltran, Executive Director, Sexual Assault Support Services
• Brian Frosh, Maryland Attorney General
• Tiffany Graves, Co-President, Association of Pro Bono Counsel
• Archie Roundtree, 2020 Equal Justice Foundation Legal Fellow, Bet Tzedek Legal Services
• Monica Vigues-Pitan, Executive Director, Legal Services of Greater Miami

Members of the WH-LAIR include:

• Department of State
• Department of the Treasury
• Department of Defense
• Department of Justice
• Department of the Interior
• Department of Agriculture
• Department of Labor
• Department of Health and Human Services
• Department of Housing and Urban Development
• Department of Transportation
• Department of Education
• Department of Veterans Affairs
• Department of Homeland Security
• Environmental Protection Agency
• Equal Employment Opportunity Commission
• Corporation for National and Community Service
• Office of Management and Budget
• United States Agency for International Development
• Administrative Conference of the United States
• National Science Foundation
• United States Digital Service
• Domestic Policy Council
• Office of the Vice President