Council to consider additional 60-day period in eviction process

D1 Councilman Roberto Trevino: the idea ‘helps to ease some of the the potential for an avalanche of evictions that we see coming forward.’

San Antonio – The San Antonio City Council will take up whether it should add another 60-day period into the eviction process as a way to help keep people in their homes.

The idea of requiring landlords to file a notice of proposed eviction 60 days before issuing a notice to vacate, which District 1 Councilman Roberto Trevino asked city staff to investigate, will be up for discussion and a vote on May 14. Austin has instituted similar protections, but San Antonio landlords are worried an additional 60 days without rent will stretch their own finances even tighter.

Though there are temporary protections for renters in place through various levels of government, Trevino worries people who haven’t been able to pay their rents won’t have time to try to pay what they owe. Providing a “right to cure” period, he said, would allow renters a chance to catch up with outstanding rents before landlords start official eviction proceedings.

“This is not a forgiveness tool,” Trevino said. “It actually, it lines up nicely with a risk mitigation fund that we just voted on. And so, we’re simply trying to align the support that we have allotted for financially with a mechanism that helps to ease some of the the potential for an avalanche of evictions that we see coming forward.”

Rent is due. But thousands of Texans have lost their jobs because of the coronavirus pandemic.

The council gave final approval for the $25 million Emergency Housing Assistance Program to which Trevino referred on April 23. Under the program, an expanded version of the city’s Risk Mitigation Fund, struggling families can get help paying for their rent, mortgage, and utility bills.

However, the fund is quickly depleting. Assistant City Manager Lori Houston said the city has approved 6,000 applications for a combined $10 million.

"We continue to process applications," Houston said. "We think our work with the grassroots organizations and working with organizations like COPS, Catholic Charities to help reach out to those who may not hear about the program will help us boost those numbers."

While city staff say some of the $270 million of federal money the city received for COVID-19 response through the CARES Act may be used for the assistance program, Trevino said it takes time for the city to get people that help.

In the meantime, eviction protections are only temporary.

The Texas Supreme Court and Bexar County have put a halt on eviction proceedings until May 18 statewide and until June 1 for the county, but pre-eviction steps, such as landlords issuing “notices to vacate,” may still continue.

About half of San Antonio rental properties, though, would also be covered by a 120-day moratorium on evictions through the CARES Act. Under the moratorium, rental properties that receive federal housing funds may not even issue a notice to vacate until after July 24.

City Council approves $25M emergency program that gives rent, utilities, mortgage assistance

Trevino said the right to cure ordinance would follow the same concept.

"We recognize that there's a big gaping hole and we need to do something about it," Trevino said.

However, landlords have already begun speaking out against the idea, concerned about an additional 60 days without the income, while their bills continue to pile up.

"We as small business owners still have the responsibility of paying our taxes, insurance, mortgages," rental property owner Karen Fisher told council members on Thursday.

San Antonio Apartment Association Executive Director Teri Bilby told council members her organization opposed a 60-day "grace period," though she complimented the housing assistance program.

The association's members and other landlords have already moved to help, she said, through efforts such as waiving late fees, working out payment plans, and discounting rent.

Bilby also warned of unintended consequences of passing a 60-day grace period, such as a rush to file evictions before the ordinance takes effect, saying that rental properties not covered by the CARES Act moratorium still have the option to do that.

“The news that the City of San Antonio will be passing a 60-day notice to cure ordinance next week will force rental housing providers into having to choose to protect their businesses and livelihoods when previously they were choosing to work with their residents,” Bilby said.

Renter rights and resources

Amid these discussions, the city has been working to spread the word on what protections and resources are available for residents. It has even provided a map to show whether a rental property is covered by the federal moratorium on evictions. You can find more information here.

Property owners may not lock tenants out of their units or shut off their utilities, according to city officials.

City staff also plans to propose the council approve a requirement for landlords to provide information on the eviction process and the resources available, along with any notice to vacate.

If a renter is unable to pay their rent, the city is urging landlords refer them to the COVID-19 Emergency Housing Assistance Program at sanantonio.gov/emergencyhousingassistance or by calling 210-207-5910.

Bexar County has its own assistance program, and renters at properties outside the San Antonio city limits but within Bexar County can contact the Housing Authority of Bexar County at habctx.org/TRAM or by calling 210-940-1180.


About the Authors
Garrett Brnger headshot

Garrett Brnger is a reporter with KSAT 12.

Misael Gomez headshot

Misael started at KSAT-TV as a photojournalist in 1987.

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