Renters’ rights unveiled at Catholic Charities’ talk

Charlotte Dillon, community outreach coordinator for CCANO’s Immigration & Refugee Services, facilitated the Zoom call, which had presentations from the nonprofit Louisiana Fair Housing Action Center and Southeast Louisiana Legal Services that offer free services to Louisiana residents.
    

Dillon knows no easy solutions exist to affordable housing and to the eviction process, but she hoped participants might learn about basic rights that all tenants (American citizens and immigrants) have and resources to navigate an eviction.
    

“We’re holding this event because during the COVID-19 pandemic, many people have been experiencing difficulties around housing and evictions,” Dillon said.
 

Evictions increasing 
     

Hannah Adams, a Southeast Louisiana Legal Services (https://slls.org) staff attorney, said 22 parishes are served by her nonprofit, and a confidential screening can determine if renters qualify.
    

She said evictions are increasing since Louisiana Gov. Jon Bel Edwards lifted the state’s eviction ban in mid-June, a grace period that established when the pandemic began locally in March. 
    

Adams said a landlord in Louisiana has the following rights to evict a renter: an expired lease or lease violations such as noise, criminal activity and nonpayment or partial rent payment. 
    

Adams cited two types of evictions: 
 

Evictions for cause, due to a lease violation). A landlord must provide a five-day notice (not including weekends or holidays) to the renter. Adams advised participants to read their lease to determine if there was a waiver clause. The landlord would then file for eviction in court, and a tenant would be served a notice to appear at a hearing before a judge. The landlord would present the reasons for eviction to the judge, and  the renters can present evidence to defend themselves (such as rent receipts). If a renter is successful, eviction may be dismissed. If not, eviction would occur, with the judge setting a time to vacate. A landlord must return to court to obtain a warrant for possession. 
 

Evictions for no cause or lease nonrenewal. Under Louisiana law, landlords don’t need a reason, only notice. Exceptions include subsidized housing, where a 30-day notification (before the lease expiration) is required for nonrenewal of a year-long lease or 10 days for month-to-month leases.
    

A temporary federal ban was placed on most federally subsidized housing from March 27-July 25. Late fees were waived. After July 25, when the moratorium was lifted, a 30-day notice was required by landlords. 
    

Adams mentioned what constitutes an illegal eviction: A landlord cannot lock tenants out of their house/apartment, cut off lights, water or put belongings on the street without a court-ordered eviction. Landlords can be liable for substantial damages in these cases, she said. 
    

A question arose about repairs not having been done by a landlord. Adams recommended documenting repair requests in writing or by text. If repairs are not completed within a reasonable time, renters can make repairs and present receipts to the landlord. She cautioned to not deduct repair costs from rent. If a federally supplied Section 8 voucher pays rent, a Section 8 inspector can check out the unit for delinquent repairs. 
    

In an eviction process during the pandemic, court accommodations (such as video conferences) can be made if renters feel unsafe to testify in person or have a disability that makes them vulnerable to COVID-19. 
    

The American Disabilities Act and Fair Housing Act cover undocumented immigrants. To determine qualification for free legal aid, call (844) 244-7871. 
    

Tips: If you owe rent, try to work out – in writing – a payment plan; keep all communications in writing; get a written payment receipt from the landlord (even if paying only partial rent); do not pay rent in cash (pay using a money order to have a record).
Housing discrimination
    

Elana Cohen, education coordinator with the Louisiana Fair Housing Action Center (https://lafairhousing.org/), offers bilingual assistance to anyone experiencing housing discrimination, including undocumented immigrants.  She referenced the Fair Housing Act, passed in 1968, as protection against housing discrimination due to race, color, religion, national origin, sex or gender, family status and disability (physical, depression, HIV status, etc.). 
    

Cohen said harassment by a landlord, property manager, maintenance worker or even a neighbor falls under the Fair Housing Act. For example, undocumented tenants cannot be threatened that ICE (U.S. Immigration and Customs Enforcement) will be called. That qualifies as harassment due to nationality. 
    

Dillon reassured listeners that both nonprofits speak Spanish and confidentially screen for eligibility of services. Dillon acknowledged the difficulty of finding affordable housing (20,000 people are on a waiting list for Section 8 vouchers), she said. She also offered suggestions on how to locate a landlord if a tenant doesn’t know his or her whereabouts. 
     

Dillon noted the Catholic Charities’ resource guide – especially geared toward immigrants – is available in Spanish, Arabic and Portuguese with an updated list of federal and state funds: https://bit.ly/2Xc4RTe.
    

She also mentioned Renters’ Rights Assembly information for those facing evictions. Renters can call (504) 517-5470 for English and (504) 321-1033 for Spanish.
  

Christine Bordelon can be reached at [email protected].