Renters Find Extra Hurdles to Recovery After Hurricanes
A neighbor was the first to tell Paige Cane that her landlord had posted an eviction notice on the door of her flooded apartment in Port…
October 16, 2017 at 01:24 PM
11 minute read
An aerial view shows a home damaged by Hurricane Harvey in Rockport, Texas, Aug. 28, 2017. Army National Guard photo by Sgt. 1st Class Malcolm McClendon. |
A neighbor was the first to tell Paige Cane that her landlord had posted an eviction notice on the door of her flooded apartment in Port Arthur, Texas.
The 26-year-old was more than 300 miles away with no car, sleeping in a Dallas shelter for evacuees escaping Harvey's floodwaters. The mother of four had no way to get back in the five days the eviction notice gave her to remove her belongings before they would be heaped on the curb.
Rental housing has been a concern in many cities in Texas and Florida after hurricanes Harvey and Irma flooded tens of thousands of homes. Texas renters have complained of difficulties getting out of leases on damaged properties, short timelines for evictions, and trouble finding affordable rentals because landlords have a glut of tenants to choose from. In Florida, advocates worry rebuilding efforts after Irma are forcing out mobile home park residents who rent coveted land in the Florida Keys.
In Texas, housing advocacy groups in Houston, Port Arthur and other hard-hit cities are fielding complaints. Lone Star Legal Aid, which provides free civil legal services to low-income residents in parts of the state, has received nearly 100 complaints from renters since the storm — complaints that can encompass issues dozens of renters have at one complex.
“It's unconscionable, but there were landlords who would not extend the rent deadlines,” even as Harvey hit on Aug. 25, days before rent was due for many, said John Henneberger, co-director of the Texas Low Income Housing Information Service.
Texas statutes, which often favor landlords in disputes, require tenants to take landlords to court for rent reductions or lease termination — something that can seem monumental when courthouses are flooded, cars destroyed and incomes lost, Henneberger said.
Florida has no blanket policy governing how late rental payments or evictions should be handled after storms, according to the Florida Apartment Association, which represents owners, developers and property managers for about 600,000 units. An association representative didn't know of any landlords refusing to allow renters to break leases, but that doesn't address renters who want their apartments repaired.
“They haven't done anything, not even put a tarp on the roof,” said Liliana Caminero, a 54-year-old nurse, who lived in a second-floor apartment in Miami that suffered extensive roof damage. An inspector told her the place was uninhabitable and covered in black mildew, so she was forced to find another rental.
In the Florida Keys, which took the brunt of Hurricane Irma, half of the up to 15,000 residential homes damaged or destroyed were mobile homes.
Jose Fons, advocacy director for Monroe County for the Legal Services of Greater Miami, said landowners have started evicting trailer owners or renters from their lots, saying they are having problems with access to utilities.
“There is a fear that some of them will change the use of land,” so that they are no longer mobile home parks, said Fons, a concern shared by U.S. Sen. Marco Rubio, R-Florida. “Not all of the trailers are uninhabitable.”
Fons said landowners are giving tenants short timeframes to remove trailers.
Florida officials have not asked park owners or landlords for leniency, unlike Texas. Houston Mayor Sylvester Turner urged landlords to waive late fees for September and give more time to vacate uninhabitable apartments.
At the same time, groups that track rental stock say they've seen a decrease in areas of Houston that stayed dry and an increase in average rents.
Texas renters have also complained about landlords demanding rent for unlivable apartments and threatening to keep security deposits or put a mark on the renters' credit reports if they don't pay. Texas law says either the landlord or the tenant can decide that a space is unlivable because of a flood or fire, but the law doesn't clearly outline what happens if they disagree.
As for short timelines for evictions, five-day notices, while allowed, have been applied in ways that don't comply with Texas law, said Rich Tomlinson, litigation director at Lone Star Legal Aid. Landlords cannot move tenants' property without going to court, he said.
Lone Star Legal Aid has filed a handful of legal actions in the last month, including a request for an order prohibiting an apartment management company from putting Cane's belongings on the street before she could get back.
A court later gave Cane time to get her belongings. A phone call to the apartment complex seeking comment was not returned.
The Houston Housing Authority, which provides housing for low-income residents, has had its own issues, including initially charging some residents September rent for flood-damaged apartments before returning the money.
At Clayton Homes near downtown Houston, officials said 112 of 296 units would be demolished because of mold and E. coli. Tenants were given vouchers for private housing because the authority has nothing left.
The authority also issued five-day eviction notices to about 150 residents at a senior living apartment building because of floodwater damage. The residents were given more time, but many protested that they didn't want to leave despite damage to electrical and other systems.
“This isn't ideal. But it isn't safe,” the authority's president, Tory Gunsolley, said.
Claudia Lauer and Adriana Gomez Licon report for the Associated Press.
An aerial view shows a home damaged by Hurricane Harvey in Rockport, Texas, Aug. 28, 2017. Army National Guard photo by Sgt. 1st Class Malcolm McClendon. |
A neighbor was the first to tell Paige Cane that her landlord had posted an eviction notice on the door of her flooded apartment in Port Arthur, Texas.
The 26-year-old was more than 300 miles away with no car, sleeping in a Dallas shelter for evacuees escaping Harvey's floodwaters. The mother of four had no way to get back in the five days the eviction notice gave her to remove her belongings before they would be heaped on the curb.
Rental housing has been a concern in many cities in Texas and Florida after hurricanes Harvey and Irma flooded tens of thousands of homes. Texas renters have complained of difficulties getting out of leases on damaged properties, short timelines for evictions, and trouble finding affordable rentals because landlords have a glut of tenants to choose from. In Florida, advocates worry rebuilding efforts after Irma are forcing out mobile home park residents who rent coveted land in the Florida Keys.
In Texas, housing advocacy groups in Houston, Port Arthur and other hard-hit cities are fielding complaints. Lone Star Legal Aid, which provides free civil legal services to low-income residents in parts of the state, has received nearly 100 complaints from renters since the storm — complaints that can encompass issues dozens of renters have at one complex.
“It's unconscionable, but there were landlords who would not extend the rent deadlines,” even as Harvey hit on Aug. 25, days before rent was due for many, said John Henneberger, co-director of the Texas Low Income Housing Information Service.
Texas statutes, which often favor landlords in disputes, require tenants to take landlords to court for rent reductions or lease termination — something that can seem monumental when courthouses are flooded, cars destroyed and incomes lost, Henneberger said.
Florida has no blanket policy governing how late rental payments or evictions should be handled after storms, according to the Florida Apartment Association, which represents owners, developers and property managers for about 600,000 units. An association representative didn't know of any landlords refusing to allow renters to break leases, but that doesn't address renters who want their apartments repaired.
“They haven't done anything, not even put a tarp on the roof,” said Liliana Caminero, a 54-year-old nurse, who lived in a second-floor apartment in Miami that suffered extensive roof damage. An inspector told her the place was uninhabitable and covered in black mildew, so she was forced to find another rental.
In the Florida Keys, which took the brunt of Hurricane Irma, half of the up to 15,000 residential homes damaged or destroyed were mobile homes.
Jose Fons, advocacy director for Monroe County for the Legal Services of Greater Miami, said landowners have started evicting trailer owners or renters from their lots, saying they are having problems with access to utilities.
“There is a fear that some of them will change the use of land,” so that they are no longer mobile home parks, said Fons, a concern shared by U.S. Sen. Marco Rubio, R-Florida. “Not all of the trailers are uninhabitable.”
Fons said landowners are giving tenants short timeframes to remove trailers.
Florida officials have not asked park owners or landlords for leniency, unlike Texas. Houston Mayor Sylvester Turner urged landlords to waive late fees for September and give more time to vacate uninhabitable apartments.
At the same time, groups that track rental stock say they've seen a decrease in areas of Houston that stayed dry and an increase in average rents.
Texas renters have also complained about landlords demanding rent for unlivable apartments and threatening to keep security deposits or put a mark on the renters' credit reports if they don't pay. Texas law says either the landlord or the tenant can decide that a space is unlivable because of a flood or fire, but the law doesn't clearly outline what happens if they disagree.
As for short timelines for evictions, five-day notices, while allowed, have been applied in ways that don't comply with Texas law, said Rich Tomlinson, litigation director at Lone Star Legal Aid. Landlords cannot move tenants' property without going to court, he said.
Lone Star Legal Aid has filed a handful of legal actions in the last month, including a request for an order prohibiting an apartment management company from putting Cane's belongings on the street before she could get back.
A court later gave Cane time to get her belongings. A phone call to the apartment complex seeking comment was not returned.
The Houston Housing Authority, which provides housing for low-income residents, has had its own issues, including initially charging some residents September rent for flood-damaged apartments before returning the money.
At
The authority also issued five-day eviction notices to about 150 residents at a senior living apartment building because of floodwater damage. The residents were given more time, but many protested that they didn't want to leave despite damage to electrical and other systems.
“This isn't ideal. But it isn't safe,” the authority's president, Tory Gunsolley, said.
Claudia Lauer and Adriana Gomez Licon report for
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLyft Seeks to Compel Arbitration in Lawsuit, but Plaintiff Claims Terms Do Not Match What Happened
4 minute readInternational Crypto Bank Faces New York Securities Fraud Class Action Lawsuit
3 minute readJudge Slaps $16 Million Penalty on Defendants in Wyndham Timeshare Advertising Fraud Case
4 minute read'A Wake-Up Call': Experts Assess Impact of SSN Data Breach Case
Trending Stories
- 1'The Show Must Go On': Solo-GC-of-Year Kevin Colby Pulls Off Perpetual Juggling Act
- 2Legal Speak at General Counsel Conference East 2024: Match Group's Katie Dugan & Herrick's Carol Goodman
- 3Legal Speak at General Counsel Conference East 2024: Eric Wall, Executive VP, Syllo
- 4Battle for Top Talent Accelerates Amid Profit and Demand Surge
- 5Friday Newspaper
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250