Evictions Are Once Again on the Docket

Due to the coronavirus pandemic, the Supreme Court of Texas had issued its Fourth Emergency Order Regarding the COVID-19 State of Disaster, establishing a moratorium on any action for eviction to recover possession of residential property until April 19, 2020. The expiration date for this moratorium was subsequently extended by the Twelfth Emergency Order Regarding the COVID-19 State of Diasater to May 18, 2020. These orders allowed new filings to be submitted during the moratorium but halted the posting of any statutory notice of a writ of possession as well as any service of citation until May 25, 2020.

In addition to the Texas moratorium, renters had the further protection provided by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted by Congress on March 27, 2020. The CARES Act, and specifically Section 4024(b), prohibited landlords of certain “covered dwellings” from instituting eviction actions or charging fees or penalties for the nonpayment of rent. The protections afforded by the CARES Act extend 120 days from its date of enactment. During this 120-day period, landlords also are enjoined from issuing any notices to vacate. Under the statute, landlords are also required to provide tenants with 30 days during which to vacate the premises. However, the protections afforded by the CARES Act are only applicable to covered property. Section 4024(a)(2) defines “covered property” as any property that participates in a federal assistance program, such as public housing, Section-8 Project-Based Rental Assistance, and the Low Housing Income Tax Credit (LHITC) program or that is secured by a federally backed mortgage loan or federally backed multifamily mortgage loan, such as Fannie Mae and Freddie Mac, or that is insured by the Federal Housing Administration or the Department of Veterans Affairs. Of course, the difficulty involved with the CARES Act as it relates to renters involves whether the property which they are renting is a covered property under the Act. Unfortunately, renters might have no reason to know this as the property is owned by another party, and it might be difficult to determine or discover whether the property is covered. To aid in this regard, ProPublica, an independent, nonprofit newsroom, has published an interactive database to help renters find out if the federal moratorium would apply to them.

For those Texas renters whose property is not a covered one as defined in the CARES Act, eviction, unfortunately, could become a sad reality. With the Texas moratorium expiring on May 18, landlords are now free to move forward with eviction proceedings, including the issuance of service of process and the posting of writs of possession. Note that the onus is not necessarily on the tenant to determine whether the dwelling is a covered one under the CARES Act. Pursuant to the Fifteenth Emergency Order Regarding the COVID-19 State of Disaster, landlords are required to state in any sworn petitions or separate affidavit filed between March 27, 2020 and July 25, 2020, that “the premises are not subject to the moratorium on evictions imposed by Section 4024 of the CARES Act.” A sample of an affidavit containing the required language can be found on the website of the Harris County Justice Courts. Interested parties are directed to consult the websites of the individual justice courts for more information about filing and court proceedings.

For those tenants who require some assistance, there are some options available. There are some legal aid organizations in Harris County and the Houston area that might be able to help, most notably, Houston Volunteer Lawyers and Lone Star Legal Aid. Others around Texas include: Legal Aid of Northwest Texas, Texas Legal Services Center, and Texas RioGrande Legal Aid. There is also some useful information on TexasLawHelp.org concerning eviction and other landlord issues, including a page discussing Evictions During the COVID-19 Pandemic. See also a post written by the blog team here at the Harris County Law Library about some useful landlord/tenant resources.

State Law Library and Harris County Law Library Launch Partnership to Expand Digital Services

FOR IMMEDIATE RELEASE

April 29, 2020

Today, the Texas State Law Library and Harris County Law Library announced a new partnership to expand digital services for all Texans. Beginning on Law Day, May 1, 2020, law librarians from both institutions will work together to offer expanded chat services in English and Spanish Monday through Friday. Anyone who needs assistance with legal research can contact a law librarian through either libraries’ website to access expansive collections of digital resources.

“We are excited to expand access to legal information with our partners at the State Law Library,” Harris County Law Library Director Mariann Sears said. “Each library has unique resources to support self-represented litigants, attorneys, and the judiciary. Through this partnership, we can make more of those resources available to help ensure continued access to justice as we stay home and work safe.”

Following guidance from the Supreme Court of Texas and public health officials, both law libraries suspended in-person services in March and expanded virtual services to support remote work by attorneys, judges, and self-represented litigants. Expansion of real-time chat services will further assist the legal community to work remotely following the Supreme Court’s extension of its emergency order through June 1, 2020, allowing Texas courts to postpone hearings and encourage remote participation in proceedings.

“This partnership is a great opportunity for the State Law Library to serve more Texans, especially in Harris County,” Texas State Law Library Assistant Director Amy Small said. “With a third of the Texas legal community and the state’s busiest courts, the Houston metro area has the most potential users of the State Law Library’s expansive digital collections. Working with law librarians at the Harris County Law Library and drawing on their expertise will help us connect more Texans with needed legal resources.”

The new partnership will serve as a pilot program with the goal of expanding opportunities for collaboration between Texas’s network of public law libraries. Law libraries that are interested in participating are encouraged to contact the State Law Library.

About Chat References Services

Law librarians at the Texas State Law Library and Harris County Law Library will offer real-time reference services in English, Spanish, and Farsi, Monday through Friday, from 1:30 p.m. to 4:30 p.m., beginning on Friday, May 1, 2020. Visit either library website to access the chat interface and to learn more about digital services.

About the Texas State Law Library

The Texas State Law Library is a public law library that serves the legal research needs of the Texas Supreme Court, the Court of Criminal Appeals, the Office of the Attorney General, other state agencies and commissions, and the citizens of the state. Located in Austin, Texas, the State Law Library offers services and digital collections to all Texans through its website at https://www.sll.texas.gov.

About the Harris County Law Library

The Harris County Law Library opened in 1915 and has continued to serve Harris County’s legal information needs for more than a century. After joining the Office of Vince Ryan, Harris County Attorney, in 2011, the Law Library greatly expanded its technology offerings and services to the public. Today, the Law Library receives more than 60,000 visitors each year, 90% of whom are not lawyers. To learn more about services and digital collections, visit the Harris County Law Library Virtual Reference Desk at https://www.harriscountylawlibrary.org.

Amended Petitions

A common question that we at the Harris County Law Library would get at the reference desk involved amending an original petition. In most cases, the patron had to submit an amended petition because they failed to check a required box on the form or they needed to change a response given in the petition. Whatever the case may be, the patron is still coming to us and looking for answers.

In our experience, TexasLawHelp.org is the source for free and reliable legal information for our self-represented litigants. This time is no different. TexasLawHelp.org has a webpage devoted to Amended Petitions in Family Law Cases. There, users can find answers to some of their most pressing issues. Topics include:

• reasons for filing an amended petition;

• deadlines for filing an amended petition;

• requirements of an amended petitions;

• service of the amended petition; and,

• the effect that the amended petition has on any waiting periods.

If you’ve been asked to submit an amended petition, don’t fret. Just visit TexasLawHelp.org for guidance. Of course, you’re always welcome to visit HCLL’s Virtual Reference Desk, too.

A Call for Justice: SCOTUS to Hear Oral Arguments via Telephone

Access to accurate information from trustworthy, authoritative sources is the key to an effective public health campaign. Maintaining reliable channels for sharing that information is just as critical. In the age of the Internet, we are bombarded with health data and facts (not to mention conjecture and outright lies), but during the flu pandemic of 1918, communicating with the public about how to best mitigate the spread of disease was definitely more of a challenge. The telephone, invented more than 40 years before the outbreak of the Spanish flu, held great promise. Although home phones were still quite uncommon, social interaction via the nascent telecommunications infrastructure of the day was a viable option for some.  

While people sheltered in place and avoided public gatherings, the telephone became an increasingly indispensable tool for maintaining life as usual. However, unlike the Internet, which consistently serves up information via a network of anonymous computers, early telephones required human intervention. Operators manually connected each caller, via a switchboard, to an intended recipient. Like computers stacked in server farms around the world, these telephone operators executed calls, connecting one node to another. Also like computers in a server farm, these telephone operators worked in very close quarters at banks of switchboards, the perfect environment for sharing not just information but germs. With so many operators falling victim to the flu and unable to work due to their illness, communication by phone became difficult. Phone companies asked callers to limit telephone use and to reserve open phone lines for doctors and drug stores. Despite the promise it held as a powerful communications tool, the early telephone had a weak link – the vulnerable human.

Strangely, as a sure sign that history does in fact rhyme, the telephone is again having a moment. Those of us fortunate to be performing our jobs from home can communicate, collaborate, and remain productive thanks to an array of sophisticated tech tools and the infrastructure that supports them. We’ve gotten comfortable with Zoom and Trello and Slack, but the telephone -- at least for spoken conversation -- has become almost vestigial. Not so for the highest court in the land. For six days in May, the United States Supreme Court will hear oral arguments by telephone. In a press release issued on April 13, 2020, the Court said:

“In keeping with public health guidance in response to COVID-19, the Justices and counsel will all participate remotely. The Court anticipates providing a live audio feed of these arguments to news media. Details will be shared as they become available.”

With so many media resources at our disposal and no shortage of real-time citizen journalists (as well as snarky would-be comedians) providing synchronous commentary on Twitter, those who listen in to the live audio will be able to monitor their various feeds as the arguments are being made. The channels for communicating have no doubt expanded, but the humble telephone is still playing a significant – indeed, historic -- role in the pursuit of justice in the time of COVID-19.

NCSC Tiny Chats: Practical Advice for Ensuring A2J During COVID-19

The National Center for State Courts just launched a new series of videos called Tiny Chats, distilled conversations on access to justice topics. These short recordings present information for those working in courts or legal aid organizations or in any other capacity that involves serving people who need accurate, reliable, and up-to-date information about court proceedings during the pandemic. The videos are 10-15 minutes in length, perfect to stream while “walking the dog or taking a break between conference calls.” Tiny Chats are “more digestible than a long webinar and a little bit lighter in tone while staying grounded in practical advice.”

The first presentation is an introduction to what future Tiny Chats will cover and why. NCSC recognizes that the digital divide is real, and that many people during this uncertain time are experiencing financial distress. Given these considerations, they acknowledge that access to justice for these vulnerable populations is even more critical. Providing access to good information is a must. NCSC is tracking what various jurisdictions are doing to spread clear, consistent, timely, and accessible information while courts are not in operation. The information they gather is being used to advise different jurisdictions about the best ways to convey how they are responding to and accommodating the needs of people with legal matters before the courts.  

While the first video introduces the series, the second video presents best practices for clearly communicating messages from the courts. The presenters, Danielle Hirsch and Zach Zarnow, recommend the following·        

• Ensure that messages are clear and simple, that terms, such as “essential court services,” are well-defined, and that the mechanisms of hearing a case are well-explained.

• Be consistent in conveying the same message across all platforms, including websites and social media, and do so in a timely manner. Keeping information current instills public confidence in the courts and gives people what they need to know at the point of need.

• Provide high-quality FAQs and an effective mechanism for gathering feedback, and make sure that information is accessible to those with limited English proficiency or the need for ADA accommodations.

To sign up to be notified of future Tiny Chats, register here: bit.ly/06457

To see all Tiny Chats in one place visit: bit.ly/NCSCTinyChats

Upcoming topics for future Tiny Chats will include Remote Hearings & Services, Clear Communication, ODR 101, Stakeholder Engagement, ODR Vendor Selection, and more.

In addition to the Tiny Chats, NCSC also offers free 30 minute brainstorming and problem solving sessions (The Doctor Is In) allowing those who work in courts to consult about issues related to a Tiny Chat topic. 

To schedule a Doctor Is In session: bit.ly/DRTINYCHAT