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CDC eviction ban extension could mean more time for financial aid for Wichita renters

Wichita Eagle - 6/25/2021

Jun. 24—Kansas renters covered by a nationwide ban on evictions will continue to receive that protection until the end of July, after the Biden administration extended the moratorium earlier this week.

It is the only remaining eviction ban in Kansas after top state lawmakers allowed the statewide eviction and foreclosure ban to expire in late May.

A moratorium on certain evictions issued by the Centers for Disease Control and Prevention was set to expire Wednesday. The Biden administration said this extension was the last time the federal government would intervene to extend the ban.

The one-month extension could help buy time for rental assistance programs to distribute more relief money to people facing an immediate threat of eviction.

Renters and landlords alike have complained that the Wichita Emergency Rental Assistance Program, dubbed WERAP, has been too slow to pay out.

As of Thursday, WERAP had approved just over $3.7 million in assistance funds aimed at keeping Wichita renters in their homes and paying landlords who need the income to make their mortgage payments, said Sally Stang, director of housing and community services for the city of Wichita. That's up from the $2.3 millionWERAP had approved earlier this month.

So far, 896 households were deemed eligible for WERAP, also up from the 629 eligible tenants in early June.

There were still 1,661 households on the waiting list for WERAP as of Thursday morning. More than 3,900 households have applied for the aid.

An extension of the federal eviction ban will help the city get more relief dollars out to Wichita renters facing eviction, Stang said.

"It's picking up week after week due to the learning curve, getting additional staff on," she said.

However, the city does not expect to get through every tenant on the waiting list by the time to eviction moratorium expires for good at the end of July.

"There's too many," Stang said. "But we continue to keep pushing and tweaking our policies and procedures to make things go smoother."

The city has also begun to re-certify households for an additional three-month increment of assistance if they are eligible.

Tenants who applied to WERAP but were evicted while waiting for approval can also receive help from the city to find a new place to live, part of a new housing stability services program.

The CDC's eviction moratorium hasn't gone without criticism. A federal judge threw out the ban, but had placed a temporary hold on the ruling.

This month, a Johnson County judge began to evict tenants behind on rent in anticipation of the CDC's declaration expiring. Johnson County Magistrate Judge Daniel Vokins said during a Zoom eviction hearing that he didn't think the CDC moratorium was enforceable, the Associated Press reported.

A Sedgwick County judge assigned to most eviction cases in June said he could not specifically respond to a question about enforcing the CDC's eviction ban since he hears those cases. However, Judge Sean Hatfield spoke generally about the ban via email.

"I can tell you that in Sedgwick County we have recognized the federal CDC moratorium and the separate state moratorium previously in effect," Hatfield said. "The application of the moratorium and whether someone is a covered person as defined in the moratorium is determined by the specific facts, case by case."

In order to be eligible for the CDC eviction moratorium declaration, a tenant must demonstrate that they tried their best to make partial payments toward any rent owed and are actively looking for government assistance.

Qualifying tenants must sign the CDC document and present it to their landlord in order to avoid eviction.

In the last year, many evictions continued in Kansas despite both the statewide and federal bans. The moratoriums halted evictions for non-payment of rent that were related to COVID-19. But landlords have been able to evict for other reasons, including through a notice to not renew a lease.

As of Tuesday, 384 eviction cases had been filed in Sedgwick County District Court in the month of June.

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