Covid Operations: The laws be damned, evictions continue. Stop them now!

April 18, 2020 by 542 Comments

On Tuesday, April 14, Alexandria City Councilmember Canek Aguirre introduced a resolution to the City Council to freeze rents, mortgages and negative credit reporting: “No resident who has lost income should be required to pay rent during this public health emergency, nor should they accumulate debt for unpaid rent.” The City Council unanimously approved the resolution. Across the United States and around the world, the good news is that governments at all levels are enacting bills that freeze rents and mortgage payments as well as banning evictions. The bad news is that eviction notices are still going out and, even worse, evictions are still ongoing, in the very places where they have been banned. We have to talk about evictions and try to understand what’s going on.

First, the good news, from the past week or so. On Tuesday, in California, the San Jose City Council voted to extend a local moratorium on residential evictions until May 31, along with other renter protections. (Earlier in the month, California’s state legislature passed an eviction freeze that will last until 90 days after California’s state of emergency is lifted. While that in itself would be good news, better is that the legislature’s action took an earlier moratorium, by the Governor, and gave it sharper teeth and more muscle.) On Thursday, Jay Inslee, Governor of Washington, expanded and extended Washington’s eviction moratorium, and added additional protections. In Massachusetts, on Friday, the state legislature passed legislation that would ban evictions and foreclosures, and sent that on to the Governor to sign. On Friday, David Ige, Governor of Hawaii, declared a moratorium on evictions; and Gretchen Whitmer, Governor of Michigan, extended Michigan’s eviction moratorium until May 15. 

 In India, on Friday, the Indian state of Maharashtra “asked landlords to postpone rent recovery from tenants for at least three months … [and] not to drive tenants out of their homes if they fail to pay rents during the current period.” On Monday, the South African government reiterated the national suspension of evictions during the national lockdown. Finally, in the United States, that national government enacted the Coronavirus Aid, Relief, and Economic Security Act, aka the CARES Act, which precludes being served with an eviction until July 25, 2020, along with a few other protections. With all these bans and moratoria, everything should be fine, right? Wrong.

On Thursday, Pro Publica reported that in at least four states – Georgia, Oklahoma, Texas and Florida – landlords continued to file eviction notices, despite the national ban, and suffered no negative consequences. What’s that you say about ignorance of the law being no excuse? Not when it comes to evictions, apparently. In California, in violation of both federal and even stronger state laws, landlords are threatening to evict and are evicting tenants. While both are illegal, actually evicting tenants means local law enforcement actually arrive at the residences and forcibly remove tenants. In Michigan, a landlord sent seven-day eviction notices to 80 tenants and explained that he had to, so as to “fulfill fiduciary responsibilities” to lenders. The law of lenders supersedes the law of both Michigan and the United States. The same story in Louisiana, Arizona, Missouri. Despite local and national legislation, across the United States, people are being evicted.

Likewise, in South Africa, despite a national moratorium on evictions, local jurisdictions have sent in police and special forces, colloquially know as Red Ants. to evict residents, most egregiously perhaps in Durban and Cape Town where they entered informal settlements, destroyed shacks, and `removed’ entire populations. Why does that sound familiar?

What is the investment in evictions? There’s the financial investment, but there’s more. In this period where staying at home, whatever that home looks like, can mean staying alive, what `inspires’ police and their avatars, who are just people like you and me, to render individuals, families, communities homeless, to turn fellow human beings into raw material for the global manufacturing of death and destruction? While the excuses and explanations are manifold and easily available, they all fall short when you put them face-to-face with the people who actually do the deed. What is our investment in evictions that, despite everything we know and think we know and feel and think we feel, we let them go on, a little dissipated in volume and velocity, perhaps, but as lethal as ever? 

(Credit for Everett Shinn, Eviction (Lower East Side): Smithsonian American Art Museum)

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About Dan Moshenberg

Dan Moshenberg is an organizer educator who has worked with various social movements in the United States and South Africa. Find him on Twitter at @danwibg.