Just a Landlord

As the first step, the CFPB urges renters to talk to the property owner/manager.  Urging communication is important.  I would add as step two; seek mediation. 

The CDC eviction moratorium has ended: Learn your options | Consumer Financial Protection Bureau

https://www.consumerfinance.gov/about-us/blog/the-cdc-eviction-moratorium-has-ended-learn-your-options/

Last night the Supreme Court ruled that the CDC eviction moratorium is invalid.

What should you do now as a rental property owner?

Little should change with or without the CDC moratorium. It remains in the owners’ and renters’ best interest to work together to get the ERAP funding. The only reason to evict for nonpayment at this time is if the renter refuses to apply for ERAP or does not qualify due to no loss of income. In Milwaukee or Waukesha Counties, they can apply at Community Advocates. City of Milwaukee residents can also apply at SDC

If the renter is refusing to apply, try Mediate Milwaukee or call (414) 939-8800. It will only delay for a few days and often provides superior results to eviction as renters often stay and pay. If the renter refuses this as well, then eviction is probably the only option, but it should be the last option.

Remember that in Milwaukee County less than 2.4% of eviction judgments are paid within 5 years, less than 7/10ths of 1% within 18 months. So rushing to court only stops future losses, it seldom results in recovering past rent.

This is not about the streetcar per se, which is a political lightning rod, but rather effective use of available resources.

I was reading an article on the eviction moratorium and Emergency Rental Assistance on the Fox 6 site. Ironically the next suggested article was “Milwaukee streetcar sales tax floated to fund $330M expansion”

This made me once again question our governments’ spending priorities. Unpaid rent in Milwaukee County is at least $36M to $48M a year,  BC (before COVID). For the price of a novelty bar hopping ride, we could end all the problems associated with the nonpayment of rent for 7-9 years. This kind of funding could solve many housing and social issues for far longer due to the benefits of stability.

The median rents in 53204 and 53208, two zips with lots of renters, is less than $800 per Census data. The median rent of two-bedroom units that are currently available is $950/$850 in 53204 and 53208 respectively, using rentometer.com So the streetcar expansion will cost 367,000 to 412,000 months of rent…

Streetcar or no streetcar will have limited impact on those who will use it. ~400,000 months of rent on the other hand could have a significant impact on a great number of people as well as the overall local economy.

Sure, 80% of the $330M is federal, but we can’t give a pass to any level of government for not using taxpayer money for the greatest good.

Little should change with or without the CDC moratorium. It remains in the owners’ and renters’ best interest to work together to get the ERAP funding. The only reason to evict for nonpayment at this time is if the renter refuses to apply for ERAP or does not qualify due to no loss of income. In Milwaukee or Waukesha Counties, they can apply at Community Advocates. City of Milwaukee residents can also apply at SDC

If the renter is refusing to apply, send them to Mediate Milwaukee https://www.mediatewisconsin.org or call (414) 939-8800. If the renter refuses this as well, then eviction is probably the only option, but it should be the last option. Remember that in Milwaukee County less than 2.4% of eviction judgments are paid within 5 years, less than 7/10ths of 1% within 18 months. So rushing to court only stops future losses, it seldom results in recovering past rent.

The current CDC order addresses this issue at page 14, explicitly permitting challenges to improper declarations. Milwaukee County Court previously was requiring a motion hearing to challenge the dec. With the new CDC order, and if owners state the challenge to the declaration in the initial pleading/complaint, the Court should hear the challenge without the extra delay of a motion hearing.

The new CDC order at page 14:

This Order does not preclude a landlord challenging the truthfulness of a tenant’s, lessee’s, or resident’s declaration in court, as permitted under state or local law.