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Policy Update 7-29-21

Pamela Atwood, Director of Housing Policy

Around the State

NC General Assembly Update
This week in the General Assembly has been fairly quiet this week as negotiations on the state budget continue on. Other legislation takes a seat to the side as legislators focus on the FY 2021-2022 and FY 2022-2023 budget proposal. Currently the budget work sits with the House, since the Senate passed their proposal last month.  Last month the Senate passed their version turning the work over to the House. The Senate budget proposal contained multiple potentially harmful policy provisions. The House version looks more promising for housing concerns. The harmful policy provisions are likely going to be removed from the House budget version and the House may be adding a $200 million allocation to provide gap financing for Low-Income Housing Tax Credit (LIHTC) projects that have faced detrimental cost increases that threaten their feasibility. For more about the budget and proposed see our recent alert where you can also take action with House members.

Update on HOPE Program Numbers (as of Thursday 7/22)
Here is a round up of some recent data from NCORR regarding the HOPE Program, the statewide emergency rental assistance program:

  • 47,276 Total Applicants
    • 8,601 Reapplicants
    •  38,675 New applicants 
  •  67,188 Active Awards to 40,868 unique applicants for over $152.5 million
  • Mailed 1,953 checks for $3,981,497 in a single day (7/22)
  • Mailed a total of 35,624 checks for $72,889,635


Infrastructure Spending Negotiations Continue in D.C.
Negotiations continue in Congress regarding potential infrastructure spending legislation. Last week, Senate Majority Leader Chuck Schumer (D-NY) attempted a procedural vote that would have allowed senators to begin debate on a $1.2 trillion bipartisan infrastructure deal. Senators rejected the procedure, citing the lack of legislative text and the need for additional time for ongoing discussions. Majority Leader Schumer is expected to schedule another procedural vote. Unfortunately the bipartisan infrastructure deal thus far does not include resources for housing programs. The best opportunity for infrastructure spending on housing will come with a potential budget resolution that will likely include over $300 billion for housing programs. The Coalition will continue to monitor these negotiations and alert our networks about potential housing as infrastructure spending. 

CDC Eviction Moratorium Slated to End While Federal Appeals Court Rules Order is Unlawful
The national eviction moratorium put in place by the CDC in September of 2020 is slated to end on Saturday July 31st. The White House thus far has stated it does not intend to extend the moratorium and stresses the availability of emergency rental assistance nationwide. Further adding to the likelihood that the moratorium will be allowed to expire are recent court rulings concerning the CDC’s authority regarding evictions. Last week a U.S. Appeals Court ruled that the CDC lacks the authority to issue such a national order. While the Supreme Court allowed the moratorium to remain in place with its ruling in June, Justice Brett Kavanaugh, the tie-breaking vote, wrote in an opinion that the Congress should ideally be where such an eviction moratorium should come from. In remarks on July 29th, the White House stated that the “Supreme Court has made clear that” extension of the moratorium is no longer an option without action from Congress. As of this writing legislation has not been introduced to extend the moratorium. The Coalition will update its networks if this changes. 

HUD Issues NOFA for Eviction Protection Grants
HUD released a notice of funding opportunity on July 20 for the Eviction Protection Grant Program. The program will provide $20 million in financial support to experienced legal service providers across the country to provide free legal assistance to low-income tenants facing eviction. For more information and to apply go here: View Opportunity | GRANTS.GOV – Eviction Protection Grant Program


National Low Income Housing Coalition- Direct-to-Tenant Payment Implementation: Increasing Flexibility and Equity in Emergency Rental Assistance Programs

Center for Public Health Law Research at Temple University and the Legal Services Corporation (LSC) – LSC Eviction Laws Database

Housing Policy Debate – Preventing Evictions after Disasters: The Role of Landlord-Tenant Law 

National Research Center on Hispanic Children & Families – 4 in 10 Latino and Black households with children lack confidence that they can make their next housing payment, one year into COVID-19

Terner Center for Housing Innovation at UC Berkeley – The Uneven Impact of the Pandemic on the Tenants and Owners of Small Rental Properties

Recommended read

Action Alert: Support Gap Financing for Affordable Housing

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