32nd Emergency Order

The Supreme Court of Texas has issued its 32nd Emergency Order, extending the Cares Act and CDC Declaration Requirement until January 31, 2021. Below are some important highlights:

• LANDLORDS
  
  • The landlord must include in an original, amended, or supplemental petition information related to the CARES Act, as well as whether a Declaration under the CDC moratorium has been provided. This requirement applies to ALL evictions, even though the CDC moratorium and the 30-day notice to vacate under the CARES Act only apply to evictions for nonpayment.

• TENANTS
  
  • Under the CDC’s order, you MUST file the declaration with the Justice Court and serve a copy of the declaration on the landlord, owner of the residential property where you live, or other person who has a right to have you evicted or removed from where you live.
    • IMPORTANT: Each adult listed on the lease, rental agreement, or housing contract should complete this declaration.
  • If a tenant provides a Declaration after an eviction suit is filed, they must file it with the court and serve it on the plaintiff. The court must then abate the case unless the plaintiff contests the Declaration and the court holds a hearing to determine next steps.
  • The court may not proceed unless the judge holds a hearing to determine whether they can proceed and enters a written order detailing why the case may proceed.

Click here to read the 32nd Emergency Order in its entirety.

State of Texas Eviction Diversion Program- EFFECTIVE February 1, 2021

The Supreme Court of Texas has issued its 31st Emergency Order, delaying the implementation of the State of Texas Eviction Diversion Program in counties that are not designated by OCA as pilot counties until Spring 2021. Below are some important highlights:

The Texas Eviction Diversion Program (TEDP) helps Texas tenants stay in their homes and provides landlords an alternative to eviction. The TEDP may provide up to six months of rental assistance for eligible tenants who are behind on their rent due to the COVID-19 pandemic and have been sued for eviction. Both the tenant and the landlord must agree to participate and meet the requirements in the chart below. This temporary program is a unique partnership between the Supreme Court of Texas, Texas Office of Court Administration, and the Texas Department of Housing and Community Affairs (TDHCA).

• Assistance can be used to pay the full contracted rent that is past due (up to five months), and the remainder may be used to pay for subsequent months of assistance (up to a total of six months).
• The TEDP uses a special court process that allows courts to put eviction lawsuits on hold and divert them to the TEDP. Under the TEDP, lump sum payments are provided to landlords for rental arrears in exchange for allowing tenants to remain in their homes and forgiving late fees. Diverted cases will be dismissed and made confidential from public disclosure.

For more information on the State of Texas Eviction Diversion Program Click on the links below.

Texas Judicial Branch

Texas Department of Housing and Community Affairs

Texas Eviction Diversion Program (TEDP) Overview

Click here to read the 31st Emergency Order in its entirety.

TEDP Informational Brochures

TEDP Brochure (English)

TEDP Brochure (Spanish)

TEDP Brochure (Vietnamese)

The 31st Emergency Order expires March 15, 2021.

CDC Moratorium on Evictions

Effective September 4, 2020 through January 31, 2021, a tenant may not be evicted from a residential property due to nonpayment of rent, if the tenant provides the Court and the landlord a copy of a declaration swearing or certifying that they are covered by the CDC Federal Eviction Moratorium Order and meet the following qualifications:

• The tenant has made their best efforts to obtain all available government assistance for rent or housing;
• The tenant expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), was not required to report any income in 2019 to the I.R.S., or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
• The tenant is unable to pay their full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses;
• The tenant has made their best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses;
• If evicted the tenant would likely become homeless, need to move into a homeless shelter, or need to move into a new residence shared by other people who live in close quarters because they have no other available housing options.

The Moratorium does not apply to any evictions other than those for nonpayment of rent or other amounts due under the lease, such as late fees or utility payments.

LANDLORDS - If a declaration is provided to the landlord and that tenant meets the above qualifications, but the landlord files an eviction for a reason other than nonpayment, the landlord would not be able to recover rent for that eviction suit through January 31, 2021.

TENANTS – It is your responsibility to provide a copy of the declaration to the Court and the landlord. IMPORTANT: Each adult listed on the lease, rental agreement, or housing contract should complete this declaration.

•  You must still pay rent or make a housing payment and comply with other obligations that you may have under your tenancy, lease agreement, or similar contract. Fees, penalties, or interest for not paying rent or making a housing payment on time as required by your tenancy, lease agreement, or similar contract may still be charged or collected.

•  At the end of this temporary halt on evictions, on January 31, 2021, the housing provider may require payment in full for all payments not made prior to or during the temporary halt and failure to pay may make the tenant subject to eviction pursuant to State and local laws. Any false or misleading statements or omissions may result in criminal and civil actions for fines, penalties, damages, or imprisonment.

Click here to view a copy of the CDC Federal Moratorium Order

Click here to print a copy of the CDC Federal Eviction Moratorium Declaration Form

Accessibility Notice: Due to the complexity of the preceding documents, these documents are scanned images. If you require assistance in accessing the information, please contact Justice Court One at 817-884-1395.