For 2305's written assignment this week.
Explain the relationship between the powers of the state and the nation in regards evictions.
- Click here for it.
Texans behind on their rent are at increasing risk of losing their homes despite a federal moratorium on evictions, according to housing attorneys, because a Texas Supreme Court order aimed at forestalling evictions has expired.
But an emergency order issued by the Texas Supreme Court that instructed judges across Texas how to follow the federal mandate expired March 31.
Without the explicit backup of the moratorium from the state's highest civil court, Texas landlords could resume pursuing evictions of people affected by the pandemic, housing advocates said, and it could fall to the federal government to enforce the CDC order.
“A lot of people have been saying for the last year that this eviction wave is coming and that we are about to step off this cliff into the abyss. With this latest news, we just stepped off that cliff. This is the worst case scenario,” said Mark Melton, an attorney who has helped hundreds of Dallas-area tenants during the pandemic. “This basically says that if a landlord wants to risk federal prosecution, that’s their business, not our problem. And if they want the eviction we have to grant it under state law.”
The Texas Justice Court Training Center, which trains judges and issues procedural guidance, has updated its eviction-related guidelines to say that Texas courts can proceed with eviction cases, although “the landlord might choose to place this case on hold.”
“This just means that the courts in Texas would follow Texas procedure in law, which doesn’t have anything in it about the CDC moratorium. Now there could be local laws that would maybe have a moratorium,” said Theadora Wallen, the training center's executive director.
