File #: R-1920-106    Version: 1 Name: Eviction Resolution
Type: Resolution Status: Passed
File created: 4/9/2020 In control: City Council
On agenda: 4/14/2020 Final action: 4/14/2020
Title: RESOLUTION R-1920-106: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, ENCOURAGING LANDLORDS TO CEASE EVICTIONS DURING THE NEXT NINETY DAYS, ENCOURAGING TENANTS WHO ARE PAST-DUE ON RENT PAYMENTS AND THEIR LANDLORDS TO WORK COOPERATIVELY TO DEVELOP PAYMENT ARRANGEMENTS THAT WILL ENSURE HOUSING STABILITY, AND STRONGLY URGING THE GOVERNOR OF THE STATE OF OKLAHOMA TO ENACT A TEMPORARY MORATORIUM ON ALL EVICTIONS IN THE STATE.
Attachments: 1. City Council Staff Report, 2. R-1920-106

Title

RESOLUTION R-1920-106:  A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, ENCOURAGING LANDLORDS TO CEASE EVICTIONS DURING THE NEXT NINETY DAYS, ENCOURAGING TENANTS WHO ARE PAST-DUE ON RENT PAYMENTS AND THEIR LANDLORDS TO WORK COOPERATIVELY TO DEVELOP PAYMENT ARRANGEMENTS THAT WILL ENSURE HOUSING STABILITY, AND STRONGLY URGING THE GOVERNOR OF THE STATE OF OKLAHOMA TO ENACT A TEMPORARY MORATORIUM ON ALL EVICTIONS IN THE STATE.

 

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BACKGROUND:  On December 31, 2019, the World Health Organization (WHO) China Country Office was first informed of a number of cases of pneumonia of unknown causes. In January 2020, the WHO received information that a new type of coronavirus, now called COVID-19, had been identified. Although it is believed to have initially been spread in animal to human contact, person-to-person spread was subsequently reported. According to the WHO, most international destinations now have ongoing community spread, meaning people are being infected and it is not known how or where they became exposed. The WHO characterized the COVID-19 virus as a pandemic on March 11, 2020.

 

On January 7, 2020, the Centers for Disease Control and Prevention established a COVID-19 Incident Management System and on January 21, activated its Emergency Operations Center to provide support to the COVID-19 response. Since that time, travel advisories have been put in place and President Trump has declared COVID-19 a national emergency and imposed social distancing guidelines through April 30 to slow the spread of COVID-19. Shortly after the President’s announcement regarding social distancing, Mayor Clark issued a proclamation on March 13, 2020, limiting organized gathering to less than 250 people. As information about how best to stop the spread of the virus was shared, the proclamation was revised to reflect an effort to keep residents safe. The latest proclamation was issued on April 8, 2020 which also extended restrictions to April 30 in line with the President’s recommendations.  Governor Stitt first declared an emergency caused by COVID-19 on March 15, 2020. It has been amended eight times, the most recent version extending restrictions to April 30, 2020. Despite these restrictions, as of April 9, 2020, there were over 425,000 cases of COVID-19 in the United States (including all 50 states and 5 territories), over 1,600 cases of COVID-19 in Oklahoma, and over 230 cases in Cleveland County.

 

Since the initial emergency declaration, efforts have been made at the federal level to address the economic impact of COVID-19, particularly as it relates to housing stability. Unemployment levels are at record highs, and there appears to be a recognition at the federal level of the potential this has to impact housing stability across the United States. On March 18, 2020, the Federal Housing Administration announced a 60-day foreclosure and eviction moratorium for single-family homeowners with FHA-insured mortgages. On the same day, the Federal Housing Finance Agency directed Fannie Mae and Freddie Mac to suspend foreclosures and evictions for at least 60 days, in addition to announcing a forbearance program that allows mortgage payments to be suspended for up to 12 months due to hardships caused by COVID-19. This represents about 65% of all mortgages in the United States.

 

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES” Act), which along with providing trillions of dollars in relief programs, also explicitly allows borrowers with federally backed mortgages to request forbearance up to 180 days, with a potential extension of an additional 180 days, and multi-family borrowers with federally backed mortgage loans to request forbearance of up to 90 days provided they don’t evict tenants for non-payment of rent.

 

Governors from 15 states have issued moratoriums related to evictions during this public health emergency. Although similar action has not been taken in Oklahoma, the Cleveland County District Court announced it was implementing its Phase III Protocol on April 6, 2020 and has suspended forcible entry and detainer matters set on civil uncontested dockets.

 

DISCUSSION:  Multiple Councilmembers have expressed concern for residents that are at-risk of losing their residence during and resulting from this public health emergency. Although the City cannot impose a moratorium, Council desires to express its strong sentiment related to the risks evictions pose during this public health crisis. A resolution expressing this sentiment and asking that landlords cease evictions and work cooperatively with their tenants to promote housing instability was requested. Because in Oklahoma, the State retains authority over landlords, the Resolution also strongly urges Governor Stitt to impose a moratorium on evictions across the State.

 

RECOMMENDATION:  Resolution R-1920-106 is presented for Council consideration.