Eviction proceedings have been halted in Virginia in response to the ongoing public health crisis.
The state’s Supreme Court issued the ban Monday following a request from Gov. Ralph Northam. It extends previous orders that had put a hold on evictions, but expired last month. Under the new rule, even renters who have been threatened with eviction but have not been served a formal notice cannot be legally removed from their homes until June 28 at the earliest.
The high court had suspended nonemergency hearings — which includes most evictions — multiple times during the COVID-19 pandemic. Courts were allowed to resume those hearings on May 18. In that time, about 700 eviction cases were scheduled across the state in cities including Richmond, Lynchburg and Petersburg. Courts in Alexandria and Arlington County, among other jurisdictions, had not resumed hearings.
The inconsistency has caused confusion for renters and landlords alike, advocates say.
“It created an uneven patchwork of evictions across the state,” says Christie Marra, director of housing advocacy at the Virginia Poverty Law Center.
After dozens of tenant advocates urged the governor’s office to extend the eviction ban during the pandemic, Northam requested the stay in a letter to Virginia Chief Justice Donald W. Lemons June 7.
“As the Commonwealth transitions from a ‘Stay at Home’ requirement to a ‘Safer at Home’ strategy, the need for Virginians to maintain safe, stable housing is as important as ever,” Northam wrote.
Virginia officials are working to establish a rent relief program for struggling residents during the pandemic, the letter says. Pausing eviction proceedings will give the Northam administration time to implement the program, which isn’t expected to launch until after July 1.
“We thank the Governor for his request to the Virginia Supreme Court to temporarily halt evictions. As a result of this action, tens of thousands of families, mostly families of color, will not be forced from their homes as a result of income lost through no fault of their own,” said the Rev. Dr. Darrell King of Alexandria’s Bethlehem Baptist Church in a statement.
The CARES Act passed by Congress in March temporarily banned evictions from properties with federally backed mortgages or federal subsidies, and Virginia’s General Assembly allowed tenants to seek a 60-day continuance of an unlawful detainer action if they appeared in court and provided proof of financial hardship due to the public health crisis. But those allowances don’t help every Virginian at risk of being kicked out.
“A subset of tenants, including those who are most vulnerable, may be evicted from their homes in the midst of this global pandemic,” Northam’s letter says.
Landlords can still give tenants five-day “pay or quit” notices for nonpayment of rent during the eviction ban, but renters cannot be legally removed from their homes while the ban is in effect.
Still, tenants in Virginia who can’t pay their rent during the pandemic should discuss alternative payment plans with their landlords to avoid facing eviction when the order is lifted, advises Dipti Pidikiti-Smith with Legal Services of Northern Virginia.
“Definitely don’t stop paying your rent in Virginia,” Pidikiti-Smith said during a WAMU event last month.
Virginia has among the highest eviction rates in the country, with five Virginia cities ranked a “top eviction city” by the Eviction Lab at Princeton University.
Eviction bans remain in place in D.C. and Maryland during the public health crisis.
Ally Schweitzer