[Durham INC] August minutes

Sat Sep 5 08:28:28 EDT 2020

Thanks to Phil Azar for taking minutes.  Please let me know about additions or corrections.

Thanks, pat

August Delegates’ Meeting Agenda

Via zoom

August 25, 2020 7-9PM

Attending the meeting were:

Neighborhoods
Falconbridge – Richard Ford
Forest Hills – Sarah Morris

Long Meadow – Pakis Bessias

Merrick-Moore – Bonita Green
Morehead Hill – Rochelle Araujo

Northgate Park – Keith Cochran, Debra Hawkins, Dan Singer

Trinity Park – Philip Azar

Trappers Creek / Greymoss – Will Wilson

Tuscaloosa-Lakewood – Susan Sewell

Visitors

Annette Smith – DPR and Durham Parks Foundation

Jesse McCoy – Civil Justice Clinic, Duke Law School
Charlie Innis – News and Observer

Will Wilson welcomed those “present” and folks introduced themselves.  Sarah Morris, the new delegate from Forest Hills, was welcomed.  Professor Jesse McCoy, James Scott Farrin Lecturing Fellow, Supervising Attorney, Civil Justice Clinic, Duke Law School was welcomed as the featured speaker.  His focus was evictions and Durham’s eviction diversion program, which is run in partnership with Durham County’s Department of Human Services and Legal Aid.

Durham Evictions Program

Background: The overall goal of the Durham’s eviction diversion program is to avoid eviction judgments.  The primary tactic is to match tenants with funding to avoid evictions without funding substandard housing.  Tenant-rights education and litigation are the preferred tactics with substandard housing.

Even if not enforced, an eviction judgment area will be checked by prospective landlords, affecting both the ability to secure housing in the future and the quality of housing to which the tenant has access.

75% of eviction cases are based on the tenant’s failure to pay rent.  Many of the people being evicted have been evicted before.  Evicted tenants are overwhelmingly African-American.  In general, too much income is going to pay rent, especially for low-income people.  Available diversion funds are prioritized for the income-range of tenants for whom eviction is the most damaging.

Sometimes (especially when the program first started) clients might be already 3 – 6 months behind, which makes diversion challenging.  In these cases, the clinic tries to negotiate with the landlord a departure of the tenant “with dignity.”

The other group of cases focuses on substandard housing and unlawful debt collection. The program met with early success in terms of evictions avoided, additional support, and additional staff.  Access to lawyers was the key to success.  There is now a push to recognize a right to counsel in eviction cases – both locally and nationally.  (Indeed, the program has been seen as a model to follow nationally and Professor McCoy has testified to Congress about the program and its successes.)

COVID Impact: However, we expect a tsunami of evictions to come at the end of August. CARES Act and other programs helped with evictions enormously.  From March to late July, there was a moratorium and then a requirement for 30 days-notice.  Debts accumulated.  Therefore, the end of August is a huge issue unless there is additional fiscal support. The governor’s executive order also protected people unable to pay June rent by allowing that rent to be “amortized” over 6 months – but eventually it needs to be paid.  Usually, the issue isn’t June rent in and of itself, but the combination of June rent and deficits tied to other months.

Although not designed at as tenant program, the NC Chief Justice issued a number of orders designed to prevent courthouses from becoming COVID hothouses.  The effect of those orders is to slow the pace of eviction hearings.  There is delay and bitterness among landlords and tenants around eviction filings – landlords with the delays and the expectation of providing housing without payment and tenants with the continued expectation COVID or not, availability of work or not, that rents will be paid.

The gap / solution is more government funding, but Congress is not making that available, at least not yet, and state approaches vary greatly.  The Duke eviction diversion program was not set up to hand the post COVID cases.

Recent Developments and Q&A:  Governor Cooper just announced a COVID rental assistance fund.  Previously Durham was using CDBG (Community Development Block Grant) funds to try to cover some rents on an emergency basis, but there are strings attached to those funds and tight federal oversight. There are also funds in the housing bond money that might be used.

COVID outbreaks in the courts continue to occur, which leads to more delays, backlogs and scheduling issues.

Part of the difficulty in paying rent is that (anecdotally) some people are still waiting on unemployment benefits.   Undocumented workers don’t get those benefits, so that’s a rental issue as well.  Legal Aid is not allowed to have undocumented residents as clients, but the clinic can represent them and typically does so.

Theoretically, a landlord might refuse payment via rental assistance, but Professor McCoy hasn’t seen that.  Landlords are in the business of collecting rents, and a tenant’s obligation is to “tender” payment.  As long as the rental assistance is “ready money,” it would be hard to refuse.  However, there is an issue when nonprofit issue letters pledging rental payment since landlord are not certain of collecting.

With respect to landlords’ ability to get by without rents coming in, landlords who have federally backed mortgages are covered by the foreclosure moratorium.  However, if landlord has a private mortgage or no mortgage, there’s no moratorium on foreclosure, and they will need income coming in.  This is an issue for small landlords and their tenants.  Again, the gap is government funding.

The battle in Congress over more benefits seems to be that some see this as providing “free housing” and others see it as a prudent measure both economically and to keep COVID under control.

Tenant can be evicted for:

  1.  Failure to pay rent

  1.  Staying past the end of lease term (at end of lease legally tenure, tenancy rolls over to a month to month, with either party terminating on 30 days’ notice.)

  1.  Breach of lease (there is a long list of provisions in a written lease that tenant may break, be in breach of lease over, and fail to cure the breach)

  1.  Criminal activity, which must relate to household activity and is more often an issue in public housing.

There is a limited amount of affordable housing in a tight market.  Housing vouchers were supposed to address this, but landlord frustration with DHA over delays, payment of wrong amounts of rent, and red tape and restrictions as well as the very tight market has limited the usefulness of vouchers.  There now is not even enough traditional public housing, with a three-year waiting list.  Rent control is not currently a solution; it is not allowed in North Carolina.  Demand keeps growing for housing, whether for new construction or rehabs, which has made for a very tight market.  COVID has exacerbated the issue.

Tenants are sometimes referred to the diversion program by landlords when they see tenants begin to struggle.

A flyer describing the program goes out with every eviction filing (See appendix) and when there is an eviction, the client receives an introduction to housing providers.

During the first months of COVID, some (but not all) landlords implemented deferral or forgiveness programs, but there was no consistency.  The courts don’t really address these programs.  As long as the tenant owes money, the case doesn’t violate moratorium, the housing isn’t substandard, the landlord has standing to evict.

Old Business

Braggtown won a big vote 10 – 3 at the Planning and Zoning Commission against the proposed rezoning.  The case goes to elected officials for final resolution.

On development agreements, no vote was taken. The general consensus was very opposed.  A minority view was presented that amending the UDO to allow for development agreements generally in order to facilitate a particular possible development made no sense, but that INC had traditionally wanted greater ability to affect aesthetics and community benefit agreements. ; perhaps development agreement could advance those goals even if the way they had come to the commissions agenda was at best inauspicious.

Bonita Green from Merrick Moore provided the update about the proposed development in their area.  A 60-day delay has already been obtained. They have worked with surrounding areas to present an equitable plan and are meeting with developer, Mayor and DeDreanna Freeman, as well as staff with the goals of learning and planning. Issues include:

  *   Environment – Flooding is the biggest concern
  *   Safety and Traffic – Country roads have trouble handing existing traffic and there are neither shoulders nor sidewalks in many places including on “major” streets such as Old Oxford and Cheek.
  *   Lack of infrastructure in general

  *   Displacement – Here the proposed solution seeks to focus on homeownership using a HUD program that provides a path to homeownership.  The developer was not familiar with program so Horvath (the consultant) is going back to the owner for guidance.
  *   There have been changes in proposed builders and price points for housing and townhomes
  *   The neighborhood has also reached out to Natalie Murdock and others who feel that now is the time for change at the state level, as well as reaching out to Tom Miller and Nate Baker for specific legislative changes that they’d recommend.
  *   The neighborhood is focused on homeownership and equity because public housing rarely provides a path out of the system, and are hoping to find a plan that not only works for them, but for others as well.

Announcements – From Annette Smith – DPR and Foundation

Durham Parks and Recreation to Host Drive-In Movies

Durham Parks and Recreation in partnership with the Durham County Memorial Stadium will offer a series of free drive-in movies for residents to enjoy<https://www.dprplaymore.org/469/Bull-City-Reels-on-Wheels> from the comfort of their car.

Play More with DPR's In Person and Virtual Programs

Find our latest programs highlighted below, or visit DPRPlayMore.org<https://www.dprplaymore.org/> for more:

  *   Adult Cornhole Tournament: Join the competition to see which dynamic duo can reach 21 points first to win a prize. Learn more<https://anc.apm.activecommunities.com/dprplaymore/activity/search?onlineSiteId=0&activity_select_param=2&viewMode=list>

  *   DPR Soccer Academy: Learn basic introductory soccer skills in an atmosphere that promotes fun and good sportsmanship. Learn more<https://anc.apm.activecommunities.com/dprplaymore/activity/search?onlineSiteId=0&activity_select_param=2&viewMode=list>
  *   DPR All-Star Competition: Six teenagers will compete in several single person events to gain points and become the first ever DPR All-Star. Learn more<https://anc.apm.activecommunities.com/dprplaymore/activity/search?onlineSiteId=0&activity_select_param=2&viewMode=list>
  *   Virtual Workouts: Find a selection of activities and workouts available any time from the comfort of home. Learn more<https://www.dprplaymore.org/467/Virtual-Programs>

Visit DPRPlayMore.org for the Latest Facility and Program Updates

DPR parks, greenways, and lakes are open to provide opportunities for fitness and outdoor recreation.

Check the DPR website<https://direc.to/e2uk> for the latest updates and guidelines, and always follow social distancing and sanitation guidelines when enjoying DPR amenities.

Appendix: Flyer for Durham Eviction Diversion Program

Durham County Department of Social Services (DSS) at (919) 560-8000
Or Legal Aid of North Carolina at (866) 219-5262 or
Robbie Breitweiser at Legal Aid of North Carolina (919-688-6396, ext. 4540)

Attention: TENANTS – Eviction Diversion Program
- Have you not paid rent when due at any time in the last 3 months?
- Are you in need of temporary financial assistance?
- Do you expect to have income to pay rent next month and in the future?
- Are you interested in possibly preventing an eviction and possibly
avoiding a Judgment against you?

If your answer is YES, please do the following:

Call the Durham County Department of Social Services at 919-560-8000 to
make an appointment emergency rent assistance and the possibility of a
referral to the Eviction Diversion Program.
-or-
Call Legal Aid of North Carolina at: 866-219-5262 or 919-688-6396, ext.
4540 (paralegal Robert Breitweiser), and one of our intake specialists
will call you to determine whether you are eligible for our assistance.
The call may come from a blocked or unlisted numbers, so please try to
answer it anyway. If you are not eligible for Legal Aid assistance, we
will refer you to the Duke Civil Justice Clinic where you may be
eligible for assistance.

Please DO NOT contact the Courthouse or the Magistrate’s office, as they
will not be able to assist you regarding this Program, and they cannot
grant a continuance of your case by telephone.

Our Eviction Diversion Clinic, normally held weekly at the Durham County
Courthouse, is suspended due to the COVID-19 “stay-at-home” orders.

Attention: LANDLORDS – Eviction Diversion Program
•       Has your tenant been late on rent?
•       Aside from not paying rent this time, is this tenant reliable?
•       Do you think the tenant can pay rent going forward?
•       Are you interested in possibly getting the money owed to you now, and
avoiding the cost of filing for summary ejectment, litigation, and
finding a new tenant?

If your answer is YES, please do the following:

- Immediately give this flyer to your tenant and tell her/him to call
the Durham County Department of Social Services at 919-560-8000 or Legal
Aid of NC at 866-219-5262 or 919-688-6396 ext 4540.
- Tell her/him to make an appointment to discuss eligibility for
emergency rent assistance and the possibility of a referral to the
Eviction Diversion Program.
*Even if you’ve already filed for Summary Ejectment, there may still be
time to avoid further costs!

AYUDA EN ESPANOL
Alternativamente, cualquier inquilino o propietario es bienvenido
atender la gratuita Clínica de Evasión de Desalojo, que ocurre cada
miércoles en la tarde de las 2:00-4:00 en la corte del condado de Durham
en el 2do piso en la oficina de agencias comunitarias. Asegúrese de
traer su acuerdo de renta, cualquier notificación de renta tarde, y
cualquier documento de desalojo.

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