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Despite CDC order, eviction cases still being filed

According to January Advisors, 97 eviction cases were filed on Tuesday and 142 on Monday.

HOUSTON, Texas — Even with the CDC’s temporary halt, eviction cases are still being filed in Houston.

The CDC order on evictions has been in effect since Sept. 4. It's a temporary halt to keep COVID-19 from spreading. 

“We had an eviction halted just this morning," Lone Star Legal Aid Managing Attorney Dana Karni said. 

And while it’s working in some courtrooms, Karni says it’s not in others..  

“We’ve some cases where the CDC order in the very same court did not work, and so it’s really a mixed bags," Karni said. "We’re seeing results across the spectrum."

And numbers from January Advisors prove eviction cases in Houston are still being filed: 97 cases Tuesday and 142 on Monday.

“Eviction dockets are going and we have some courts that have really busy eviction dockets," Karni said. 

Am I eligible for eviction protection?

To be eligible for the CDC protection, renters must:

  • Sign a declaration form saying they make less than $99,000 a year individually or $198,000 as a family
  • Show they’ve sought government assistance
  • Declare they are unable to pay rent
  • State they are likely to become homeless if they are evicted

“There is a presumption that for now, at least, the CDC order is what controls, and if a tenant provides a signed declaration to their landlord, that is sufficient to halt the eviction case," Karni said. 

Karni says when you give the signed declaration to your landlord, find someway to prove that happened.   

“Record that for instance with your cell phone. You are allowed to record your own conversations in the state of Texas, you don’t have to ask permission," Karni said. 

If you need further help, Lone Star Legal Aid is a great resource.

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