New York State Eviction Resources

By Nicholas Norton, SR-SIS

Evictions are resuming across the United States, and this post will outline some resources specifically for those facing eviction in New York state. In September of last year, President Biden’s eviction moratorium did not survive review by the Supreme Court. [1] In New York, Governor Hochul’s state wide eviction moratorium expired on January 15, 2022. [2, 3] According to the U.S. Census Bureau’s Household Pulse Survey, approximately 395,879 individuals in New York were facing potential eviction at the beginning of this year. [4]

New York residents interested in applying for the Emergency Rental Assistance Program (ERAP) can do so on the New York Office of Temporary & Disability Assistance (OTDA) website. Federal funding has run out for the ERAP program, with the ODTA stating the following:

Due to a lack of available federal funding, Emergency Rental Assistance Program (ERAP) applications submitted after September 21, 2021 are not currently able to be paid for most residents in New York State, including residents of New York City. Due to a court order, the ERAP program is accepting applications statewide. However, there is currently no federal funding available to provide assistance for new applicants in most areas of the State. Applications submitted and received after September 21, 2021 continue to be reviewed and paid in those areas of the State where the jurisdiction’s allocation is not fully exhausted. [5]

Even if the tenant cannot receive financial assistance through ERAP, however, the program does provide the tenant with a stay on their eviction while their application is being processed.

The New York State Attorney General issued guidance outlining the various protections for tenants facing eviction, including how to find county level assistance from local social service departments. [6] New York Public Library also created a resource guide to aid patrons facing housing issues during the pandemic. [7] For updates from the New York State court system and residential evictions, visit their COVID-19 Residential Eviction & Foreclosure Proceedings page. [8] New York residents whose income is below 80% of the Area Median Income (AMI) may also obtain free legal services related to housing issues. [9]

About the author: Nicholas Norton is the Research Resources and Inclusivity Initiatives Librarian at Cornell University Law Library.

References

1. “Supreme Court’s decision on Biden’s eviction ban: What it means in Michigan.” Detroit Free Press. https://www.freep.com/story/news/local/michigan/2021/08/27/supreme-court-eviction-ban-michigan/5611539001/ August 27, 2021.
2. “Governor Hochul Signs New Moratorium on COVID-related Residential and Commercial Evictions into Law, Effective Through January 15, 2022.” Governor Kathy Hochul. https://www.governor.ny.gov/news/governor-hochul-signs-new-moratorium-covid-related-residential-and-commercial-evictions-law  Accessed February 10, 2022.
3. “Eviction.” Homes and Community Renewal. https://hcr.ny.gov/eviction Accessed February 10, 2022.
4. “Household Pulse Survey Interactive Tool.” U.S Census Bureau. https://www.census.gov/data-tools/demo/hhp/#/?measures=EVICTFOR&periodSelector=35 Accessed February 13, 2022. 
5. “Emergency Rental Assistance Program (ERAP).” Office of Temporary & Disability Assistance. https://otda.ny.gov/programs/emergency-rental-assistance/ Accessed February 10, 2022.
6. “Tenants’ Rights.” NY Attorney General. https://ag.ny.gov/coronavirus/tenants-rights  Accessed February 13, 2022. 
7. “Housing & Tenant’s Rights Resources.” New York Public Library. https://www.nypl.org/about/remote-resources/community-resources/housing-tenants-resources Accessed February 13, 2022.  
8. “COVID-19 Residential Eviction & Foreclosure Proceedings.” New York State Unified Court System. https://nycourts.gov/eefpa/ Accessed February 13, 2022. 
9. “Free Legal Services.” Office of Temporary & Disability Assistance. https://otda.ny.gov/programs/emergency-rental-assistance/legal-providers/ Accessed February 13, 2022.  

Eviction Information and Resources for New Mexico

Katelyn Golsby, SR-SIS

In line with the ongoing quest to help this blog get self-help eviction resources from every state, I reached out to a former colleague at the University of New Mexico. It was kismet because University of New Mexico School of Law’s Reference and Public Outreach Librarian, Logan Migliore, had just finished updating an outstanding community library guide to reflect new information on evictions in the state. The guide is available here :

Landlord & Tenant – Community Legal Assistance – Research Guides at University of New Mexico School of Law (unm.edu)

I want to highlight the section on eviction prevention forms as there have been some recent changes in the law.

The Landlord & Tenant section provides the following update relevant to self-represented persons dealing with eviction in New Mexico:

Under Rule 23-106.1 NMRA, the Supreme Court has provisionally adopted the following out-of-cycle rule amendments. To view the related Supreme Court orders, the full text of the amended rule, and the new forms, please click on the highlighted order, rule, and form numbers below.

Judicial Involvement in Plea Discussions; Amendments to Rule 5-304 NMRA

The Supreme Court has provisionally approved amendments to Rule 5-304 NMRA of the Rules of Criminal Procedure for the District Courts as part of the Court’s effort to streamline the processing of criminal cases during the COVID-19 public health emergency. The amendments allow a judge who is not the judge presiding over the criminal case to be assigned for the purpose of participating in plea discussions to assist the parties in resolving the case in a manner that serves the interests of justice. The amendments to Rule 5-304 are effective for all cases pending or filed on or after January 18, 2022. 

Order No. 22-8500-002   Order No. 22-8300-002   Rule 5-304 NMRA

Forms to Implement the Eviction Prevention and Diversion Program; New Forms 4-904A, 4-904B, 4-905A, 4-905B, 4-908A, 4-908B, 4-908C, 4-908D, and 4-923A NMRA

The Supreme Court has provisionally approved new Forms 4-904A, 4-904B, 4-905A, 4-905B, 4-908A, 4-908B, 4-908C, 4-908D, and 4-923A NMRA of the Civil Forms to implement the Eviction Prevention and Diversion Program. The Program will commence with a pilot program in the Ninth Judicial District on February 1, 2022, and is expected to expand to the rest of the state in March 2022. The new forms are effective for all cases pending or filed on or after February 1, 2022, that are subject to the Eviction Prevention and Diversion Program. 

Order No. 22-8500-001   Order No. 22-8300-003  Form 4-904A NMRA  Form 4-904B NMRA   Form 4-905A NMRA     Form 4-905B NMRA    Form 4-908A NMRA  Form 4-908B NMRA  Form 4-908C NMRA  Form 4-908D NMRA  Form 4-923A NMRA

All amendments and the associated orders can also be viewed on the Supreme Court’s website by clicking here. The amendments will also be posted on the New Mexico Compilation Commission’s website on their effective dates and may be viewed by clicking here.

Aside from the above information, the UNMSOL guide also contains the contact information for a number of legal aid organizations and the number for a brand new landlord-tenant settlement program for residents of Bernalillo County. Many thanks to UNM School of Law Library and Logan for this outstandingly thorough overview of recent developments and resources.

Improving Access to Civil Legal Justice Through Libraries

By Brooke Doyle

You may have heard about Improving Access to Civil Legal Justice through Libraries, an initiative developed in partnership between OCLC’s WebJunction program and the Legal Services Corporation (LSC). As part of this initiative, my WebJunction colleagues and I have met and collaborated with many wonderful law librarians as we’ve created resources to increase public library staff’s knowledge, skills, and confidence to respond to patrons’ civil legal information questions. A key result of the collaboration is a series of four self-paced courses, Creating Pathways to Civil Legal Justice. I hope you’ll share these free online courses with your public library colleagues.

Responding to the interest in these courses and the urgency of eviction and housing insecurity issues in communities, WebJunction continued the partnership with LSC to help library staff strengthen their ability to respond to eviction queries from patrons with knowledge and confidence.

We recently delivered a webinar Understanding Eviction and How Libraries Can Help. Law librarian Deb Hamilton, Pikes Peak Library District (CO), and Kristin Wong,  Consumer Financial Protection Bureau, covered the current state of the crisis and how to recognize the basic phases of the eviction process, with an emphasis on preventing evictions through rental assistance. We also curated a set of Eviction Resources for Libraries. We hope you will bookmark this page and tell your public library colleagues about the webinar recording and the resource list. We will continue to update the resource list as needed.

I’d like to invite you to a December 8 session where we will be continuing the conversation about how libraries can assist in the eviction crisis. We’ll begin with short presentations showcasing partnerships between libraries and community organizations that address eviction.  We will then open the conversation up for all to share ideas or ask questions. Leaders representing law and public libraries, government agencies, and legal aid will be available to respond to the comments and questions. We hope you can join us, share your insights, and invite your public library colleagues to bring their questions.

About the author: Brooke Doyle is a Senior Project Coordinator at OCLC’s WebJunction Program. 

Eviction Information and Resources in Colorado

By Deborah Hamilton, LISP-SIS

Colorado does not have any statewide moratoria or special COVID orders pertaining to evictions at this time.  However, a wide range of new housing laws went into effect on October 1, 2021, that give tenants many more rights and protections.  The Colorado Poverty Law Project recorded an informative webinar outlining these changes that you can view on YouTube. 

I have tried to compile a number of different eviction and housing resources on a research page on the Pikes Peak Library District’s website.  I want to highlight a few resources in this post.  

Representation:  

One of the most effective ways to help patrons facing eviction is to try to connect them with legal services.  

For representation patrons can try the following: 

Colorado Legal Services (statewide)

Colorado Poverty Law Project (statewide)

Metro Volunteer Lawyers (Denver area)

COVID – 19 Eviction Defense Project (Denver counties and Lake counties)

The Justice Center (El Paso and Teller counties)

Clinics: 

Many clinics provide servicesover the phone or virtually now, so patrons from other areas may have access to them: 

Call a Lawyer by The Justice Center – Every Wednesday 7 p.m. – 9 p.m. over the phone.

Metro Lawyers has a number of different topic specific clinics listed on their website.  

The Virtual Pro Se Clinics of Colorado happen at public libraries all around the state.  Click on the triangle for the location you are interested in to learn about the format and time.  

Colorado Poverty Law Project holds a monthly clinic on the third Wednesday of month from 4 p.m. – 6 p.m. over Zoom.  

Information online: 

And a number of these organizations have great resources available through their websites.  

Colorado Legal Services (CLS) has a page devoted to Housing-Related Information on their website. The Colorado Springs office of CLS also partners with the City of Colorado Springs to hold a quarterly Renter’s Rights 101 workshop.  You can access the recording and print materials for this event as well as see future dates for the workshop on the city’s website.    

The Justice Center has created an Eviction Prevention Toolkit – available in English, Spanish and Korean. They also have a couple of sample housing forms that people can use as templates. The Justice Center also has a series of short videos on a variety of landlord tenant issues.  

Colorado Poverty Law Project has a great resource list on their website.  They also host a number of events and workshops online, including know your rights presentations.  You can keep track of all they do by following their Facebook page.  

Additional resources: 

Lastly, a few more things to help patrons: access to forms, aid, and housing information.  

The Housing Cases section in the Self-Help Section of the Colorado Judicial Branch website is where patrons can access forms for both initiating and responding to an eviction.  They also have a section of forms and directions for anyone who believes they have been unlawfully evicted.  

If people are looking for rental assistance or assistance with foreclosure, they can connect with aid programs through the Department of Local Affairs.  

And finally, if patrons have questions about landlord tenant issues or housing aid and resources, Colorado Housing Connects is an easy way for them to speak with a housing counselor for free over the phone.  They also have a lot of great information on their website. 

About the author: Deborah Hamilton is the Strategic Services Librarian for the Pikes Peak Library District in Colorado Springs, Colorado.

Linn County Law Library Eviction Clinics

by Amber Boedigheimer

The Linn County Law Library recently won a $41,000.00 ARPA (American Rescue Plan Act) grant award for the operation and maintenance of an eviction prevention program. The eviction prevention clinic will help provide referrals to housing and rental assistance to qualified families that are facing imminent eviction from rental housing. Organizations that are in support of the project include: the Community Services Consortium (CSC), Legal Aid Services of Oregon (LASO), Neighbor-to-Neighbor Mediation, the Linn-Benton Housing Authority (LBHA), and the Albany Public Library – just to name a few.

Linn County’s eviction prevention clinic will offer low-income persons living in Oregon guidance in filling out court forms and/or the OERAP (Oregon Rental Emergency Assistance Program) application.  The clinic will also provide assistance with accessing a pro-bono attorney from Legal Aid, finding community organizations that provide information about evictions or helping fill out forms for various public services (SSI, WIC, unemployment, etc.). Project objectives and goals are as follows:

Project Objectives:

• Early intervention by promoting mediation, negotiation, or arbitration and assistance from Legal Aid and other supportive services
• A reduction in the number of Forcible Entry and Detainer’s (FED’s) in Linn County and the greater Oregon area

Project Goals:

• Reducing the number of evictions
• Preventing the cascading negative effects of eviction
• Improving housing stability

The eviction prevention clinic will offer limited assistance with legal forms and referrals to partner firms or organizations for help with legal issues that we do not provide ourselves. The clinic will assist persons at risk of an eviction, find alternative housing options, or find sources of financial support to pay back rent and utilities. 

The law library will help tenants to complete the OREAP application, and will provide assistance with accessing court forms including fee deferral or waiver applications and declarations, answers to residential complaints, motions to set aside residential eviction judgments, and so on.

Direct services include (but are not limited to):
• Expansion of information, education, training and support for renters at risk of eviction
• Referrals to Legal Aid and other community services such as the Community Service
  Consortium (CSC) to handle emergency eviction issues
• The coordination of volunteer pro bono attorneys for eviction defense to help assist under-served communities

Tenants and landlords in Linn County can contact the law library if they have questions, need to complete court forms, or would like to attend a legal presentation about landlord/tenant and eviction issues in Oregon. For more information, please contact 541-924-6902.

About the author: Amber Boedigheimer is a Law Librarian at the Linn County Law Library in Albany, Oregon. 

Florida Eviction Resources for Self-Represented Litigants (SRLs)

By Katelyn Golsby, SR-SIS

Florida is not among those states that decided to enact mitigating legislation following the end of the national eviction moratorium on August 26^th, and the state’s modified eviction and foreclosure bans were ended by executive order on July 30. Although federal funds for rent and mortgage payment assistance is available for low to moderate income households through the state’s Housing Initiatives Partnership program, the lack of state and federal protection from eviction and foreclosure is a heavy burden for the hundreds of thousands of people who have experienced a loss in income due to the ongoing pandemic.

Below is a list of free or low-cost resources available in Florida for those who are representing themselves or for those who are seeking free or low-cost legal assistance. Most sources are relevant state-wide, with a few being relevant only in Miami-Dade County, where I am currently located.  

Self-Help Sources

Florida Law Help

Interactive website that asks a series of questions about the user’s legal issue. Under the ‘housing’ section, the website has an Eviction & Ejectments option, and asks for additional information that may enhance the suggestions for legal help provided at the end of the brief questionnaire. Website users can select the Florida county in which they reside and provide information about income and household size for more personalized suggestions. The resulting webpage lists self-help resources like forms and FAQs and legal aid sources, like special legal aid helplines for veterans and domestic violence survivors.

Eviction Court Form Builder

Designed by Jacksonville Area Legal Aid, this interactive court form builder suggests that the user contact a local legal aid office when appropriate and provides a questionnaire that otherwise assists the users in building the necessary forms for their county and circumstances. The questions include a description of where certain information needed to complete a form may be found.

Florida Courts Help

Self-help website for the Florida state court system. Features include a court document builder, form finder, and a helpful video library.  There is also a link to the Florida courts help app.

Florida DCF Emergency Rental Assistance Program

Although it may be too late for some people facing eviction to apply for emergency assistance, I wanted to list this site because it provides links to emergency programs by county.

Legal Aid Organizations and Programs

Florida Bar Referral Service

Referral service by the Florida Bar Association. Can submit requests online or over the phone. The Florida Bar can refer prospective client to attorneys who speak English, Spanish, or 13 other languages.

Dade Legal Aid

Free civil legal aid provider for low-income children and adults in Miami-Dade County. Offers a wide range of services, including help with housing, evictions, and real property matters.

A Note on the Increase of SRLs in Probate Matters

While researching for this blog post, I spoke with other nearby law librarians to determine what kind of assistance is being provided to SRLs. Interestingly, it was brought to my attention that there are more people reaching out for assistance and forms for probate matters than for housing matters at this time. The number of people who need assistance with probate matters has risen exponentially due to the increase in deaths in south Florida. If any readers of this post have similar experiences, please feel free to reach out to me—I am interested in whether this is the experience of other law libraries, too.

About the Author: Katelyn Golsby is the Reference & Instructional Services Librarian at the University of Miami School of Law Library. She can be reached via email at Katelyn.golsby@law.miami.edu.

Resources to Combat the Eviction Crisis in Michigan

By Nicholas Norton, SR-SIS

As of early September, tenants across the country are once again facing the threat of eviction as the Supreme Court did not allow President Biden’s eviction moratorium to stand. [1] According to the U.S. Census Bureau’s Household Pulse Survey, approximately 103,456 Michigan residents face potential eviction in the coming weeks and months. [2]

In Michigan, Governor Gretchen Whitmer instituted a state level eviction moratorium early in the pandemic, however, there is no indication the Governor will put in place a new one. [3] Even without a state level eviction moratorium, the option for a Michigan resident to delay eviction remains if they apply for federal rental assistance. State court rules delay the eviction proceedings for tenants applying for the federal assistance, giving them more resources or time to pay rent due or locate alternative housing. [4]

Michigan residents interested in applying for rental assistance can apply on the Michigan State Housing Development Authority (MSHDA) website. [5] MSHDA outlines the following eligibility requirements for applicants:

CERA serves renter households that have incomes less than 80% of Area Median Income (AMI) who meet the following conditions:

• Individual(s) in the household has qualified for unemployment benefits or has experienced a reduction in household income, incurred significant costs, or has experienced other financial hardship due directly or indirectly to the coronavirus outbreak; and
• Individual(s) in the household can demonstrate a risk of experiencing homelessness or housing instability by being past due on utilities or rent.

Michiganlegalhelp.org is a free legal information website run by the Michigan Advocacy Program. [6] Their website has many self-help toolkits for pro se litigants in Michigan courts, is written in plain language to avoid confusing jargon, and can generate legal forms for litigants. MLH’s website has articles related to the pandemic and housing issues, including applying for CERA funding and legal information related to evictions generally. [7]

Michigan libraries have also been creating resource guides to aid patrons facing housing issues during the pandemic. These include Fennville District Library, [8] Washtenaw County Community College, [9] and Kalamazoo Public Library. [10]

About the author: Nicholas Norton is the Research Resources and Inclusivity Initiatives Librarian at Cornell University Law Library.

References

1. “Supreme Court’s decision on Biden’s eviction ban: What it means in Michigan.” Detroit Free Press. https://www.freep.com/story/news/local/michigan/2021/08/27/supreme-court-eviction-ban-michigan/5611539001/. August 27, 2021.
2. “Household Pulse Survey Interactive Tool.” U.S Census Bureau. https://www.census.gov/data-tools/demo/hhp/#/?measures=EVICTFOR&periodSelector=35. Accessed October 19, 2021.  
3. “Michigan renters may face eviction after high court nixes COVID moratorium.” Bridge Magazine. https://www.bridgemi.com/michigan-government/michigan-renters-may-face-eviction-after-high-court-nixes-covid-moratorium. August 27, 2021
4. “Administrative Orders (COVID-19).” Michigan Courts. https://www.courts.michigan.gov/covid-19-news-resources/administrative-orders-(covid-19)/. Accessed October 19, 2021. 
5. “COVID Emergency Rental Assistance (CERA).” MSHDA. https://www.michigan.gov/mshda/0,4641,7-141-5555-533463–,00.html. Accessed October 19, 2021. 
6. “About Us.” Michigan Legal Help. https://michiganlegalhelp.org/about-us. Accessed October 19, 2021.
7. “Eviction and Other Housing Issues and Covid-19.” Michigan Legal Help. https://michiganlegalhelp.org/self-help-tools/housing/eviction-and-other-housing-issues-and-covid-19. Accessed October 19, 2021.
8. “COVID-19 Resources.” Fennville District Library. https://www.fennvilledl.michlibrary.org/covid-19-resources. Accessed October 19, 2021.
9. “Local Resources & Services.” Washtenaw County Community College. https://libguides.wccnet.edu/covid-19/local. Accessed October 19, 2021.
10. “COVID-19 Legal Resources.” Kalamazoo Public Library. https://www.kpl.gov/law-library/covid-19-legal-resources/. Accessed October 19, 2021.  

Helping SRLs Navigate Evictions in Massachusetts

By Sara Monalea McMahon

The eviction moratorium has created an abundance of questions from self-represented litigants (SRLs), and as a public law librarian I am writing to highlight some of the resources that we have here in the Massachusetts Trial Court Law Libraries (TCLLs).  At the Trial Court Law Libraries, we have multiple ways that SRLs can reach a librarian for access to information and resources as they navigate a housing court or eviction case.  There are 15 library locations throughout the Commonwealth that SRLs are welcome to visit, where we have both print materials and online legal databases available to help litigants find information.  Additionally, we have online reference services for patrons, including email reference and chat reference which is available on our website under “Ask A Librarian”.  Using these electronic services, SRLs can communicate with a librarian about any questions they might have, and we will do our best to answer these questions by providing information.

The second valuable resource I would like to highlight is our “Law About” pages, where librarians have compiled the relevant laws and resources that we have for different subjects.  Our “Law About Eviction” page, linked here, provides the relevant laws and various electronic and print materials that are available to help SRLs navigate the eviction process.  Another “Law About” page that is available with helpful resources is our “Law About Covid-19”.  The “Best Bets” section of that page has the latest laws, regulations, and Trial Court orders about eviction.  Additionally, there is a “Housing and Utilities Resources” section with more relevant information for SRLs who are navigating a housing or eviction issue.

In addition to the TCLLs, the Trial Court of Massachusetts also offers Court Service Centers (CSCs).  Currently the Court Service Centers are available to SRLs only virtually, but CSC staff will help fill out forms and provide information on court rules, procedures, and practices.  They help SRLs on a first-come/first-serve, and are available from 9:00am to noon, Monday through Friday.

It is important to keep in mind that the pandemic has been especially challenging for those facing a housing crisis.  As librarians, we are uniquely positioned to help those SRLs by providing them relevant information and resources.  I’m happy to be a part of AALL where we can share with each other the tools that will strengthen our communities.

About the author: Sara Monalea McMahon is the Head Law Librarian of the Hampshire Law Library in Northampton, Massachusetts.