COVID-19 LEGISLATION, PROGRAMS AFFECT TENANTS AND LANDLORDS IN GREATER LYNCHBURG

While the City of Lynchburg has been growing and changing in many positive ways over the past decade, the city’s housing stability issues have not been improving along the same curve.

One major symptom of this problem is evictions.

According to data compiled by the Virginia Legal Aid Society in Lynchburg in 2019, when compared to the number of evictions in other mid-size cities, Lynchburg had the 10th highest absolute number of evictions in the country in 2016 (1,207 evictions).

Fast forward to 2020, and the onset of the COVID-19 pandemic, and the statistics changed again. Sarah Quarantotto, executive director of Miriam’s House, saw a “dramatic” drop in cases at the nonprofit.

“Most households with children become homeless due to a rental [payment] situation,” she explained. “Over the past year we saw a 50 percent reduction in families becoming homeless. … The eviction moratorium was a major factor.”

The Center for Disease Control (CDC) eviction moratorium was initially issued to “protect public health and slow the spread of COVID-19” explained the Virginia Poverty Law Center, as well as protect “residential tenants who have fallen behind on rent from being evicted until 2021.”

Landlords could still evict for non-rent lease violations and the order did not forgive rent, only pushed it off.

“The protections of those moratoriums certainly slowed things. People had breathing room,” said Jeremy White, managing attorney at the Lynchburg office of VLAS.

However, as White explains, a tenant couldn’t stand back and do nothing. To request protection via the now-expired CDC eviction moratorium, the tenant would have to make the declaration that they were eligible.

“It was on the tenants to fill that out,” White explained. “There were plenty [of evictions] still going forward after the main protections had expired.”

The CDC eviction moratorium was extended several times, with the final extension ending on October 3, 2021.

However, state protections for Virginia tenants continue until June 30, 2022, after Gov. Ralph Northam signed a new budget bill in August 2021.

In order to evict a tenant based solely upon the nonpayment of rent, the landlord must first give the tenant a 14-day nonpayment notice informing the tenant about the Virginia Rent Relief Program (RRP). This pool of money can pay rent, past due amounts and even court costs for qualifying tenants as far back as April 2020.

Then, during the 14-day period, the landlord must apply for RRP on the tenant’s behalf unless the tenant pays in full, enters a payment plan, or the tenant already has applied for RRP.

“If a tenant is experiencing any financial hardship during the COVID pandemic, then the landlord has to apply for rent assistance. Until that process is attempted, landlords aren’t supposed to be taking any action,” White explains, emphasizing that a person doesn’t have to be struggling specifically because of COVID-19, such as a lay off. The RRP has very broad coverage.

If it sounds confusing, White agrees—it is.

“From a practical standpoint that’s where we are at right now, trying to get people to the right place. We have rent relief navigators, thanks to a recent grant, who help navigate that process. Because it’s not super simple info,” White said. “It’s been changing so rapidly, it really makes it difficult for the average person to understand.”

There was a move to simplify the RRP system late last year; state officials combined the tenant and landlord portals on Dec. 1, 2021. This updated, one-application system will ensure that tenants, landlords, and all stakeholders have access to rent relief information faster and easier than before—and that the funds are handed out in a timely manner.

“Virginia is sort of leading the country in dispersing the funds; some states don’t have a system at all. Virginia is doing better than most,” said White.

Even before the pandemic, the rental environment was changing in Virginia. Virginia lawmakers were enacting new protections for tenants, becoming a lot more “tenant-friendly” than they had been historically, said Luke Malloy, an attorney with Petty Livingston Dawson and Richards who represents landlords in the region.

The changes started with the Virginia Residential Landlord and Tenant Act. This act oversees the rights, remedies and responsibilities of landlords and renters concerning the rental process.

“Historically, that [act] did not apply to what was called ‘mom and pop landlords’, with fewer than four properties. The [legislative] change made it apply to all landlords. That was a large shift,” said Malloy.

Then the COVID-19 pandemic hit, leading to those emergency laws regarding tenants.

“These enactments at the state and federal level were further designed to keep people in their homes and keep them from being evicted,” Malloy said.

While Malloy is sympathetic to the concerns for tenants, he says landlords can sometimes be overlooked in the eviction/housing debates.

“What used to be the failure to pay rent situation, five-day notice and court hearing is now a much lengthier process to allow tenants more time to apply for relief and essentially avoid there being an eviction on that basis,” Malloy said.

In working with landlords on their cases, he sees their burdens firsthand.

“They still have mortgages to pay. Financial constraints. Tensions they face,” he said. “There’s been such a push and pull on the eviction process from stakeholders on both sides. And it’s been such a quickly changing subject that the courts have been very hesitant to proceed on evictions for failure to pay rent.”

White emphasizes that the intent of the RRP program is to bridge the financial gap between landlords and tenants, so that neither entity is struggling.

“We have just heard that there is still $500 million available in rent relief so it really is vital to connect landlords and tenants to the RRP system,” he says.

Despite that high number, everyone is aware that at some point, the RRP money will run out.

“We are kind of bracing ourselves for the surge [of evictions] but it hasn’t come yet,” said Quarantotto. “Right now, the state is projecting that the Rent Relief Program will last through all of 2022.”

And what then? Quarantotto believes Lynchburg’s eviction rate will continue to be an issue in the coming years if the city doesn’t address barriers to housing stability—such as a lack of affordable rentals.

“There are a ton of folks who are paying 50 to 70 percent of their income on their rent. It’s not sustainable. It doesn’t allow for any crisis in their life, such as getting sick and losing a week at work or their car breaking down,” she explained. “The story we hear every day is a family was getting by okay and a crisis happens, then they can’t pay their rent, they get evicted, go to grandma’s for a few months, then end up homeless.”

Lots of people are finding themselves with more time on their hands than ever before. (That’s not a bad thing, right?) Even those working from home during the day have free evenings and weekends as the governor’s stay-at-home order continues.

Now is the time to get lost in a good book (or two… or 50). We asked the Lynchburg Public Library to recommend some good titles for all ages—and all are available online through the library’s hoopla or Overdrive collections. If you aren’t sure how that works, we’ve included some background information as well—just keep scrolling.

Adults
Titles compiled by Leann Underwood, adult services supervisor at the Lynchburg Public Library

Wolf Hall by Hilary Mantel—Hilary Mantel provides a compelling twist on Henry the VIII, telling the Tudor saga from Thomas Cromwell’s point of view. Mantel does not paint Cromwell as a do-gooder, but rather shows us his greed and ambition as part of a complex character. The eaudiobook is available on Overdrive. The video is available through hoopla.

A Man Called Ove by Fredrick Backman—We could all use a reminder to have faith in humanity. This humorous, poignant novel follows a year in the life of Ove, a man who has lost his wife and is determined to end his—but events and neighbors assure that Ove remains. The ebook and eaudiobook are available on Overdrive.

Clock Dance by Anne Tyler—A delightfully bewitching and beautifully written novel of one woman’s transformative journey through self-discovery. Willa Drake spends the novel surrounded by eccentric neighbors who treat each other like family. Available on Overdrive.

The Splendid and the Vile by Eric Larson—Eric Larson makes non-fiction read like fiction. It is the height of WWII and Europe is looking for a leader. Larson captures the sacrifice of Winston Churchill himself, and his family, in the fight against Germany. Available on Overdrive.

The Dutch House by Ann Patchett—“The Dutch House” is very accurately described as a “richly moving story that explores the indelible bond between two siblings, the house of their childhood, and a past that will not let them go.” The Dutch House almost becomes a character itself, allowing the reader to look through the windows into the lives of those who have lived there. Available on Overdrive.

Young Adult Top 10 List
Compiled by Emily Mook, youth services library assistant at the Lynchburg Public Library
All are available through hoopla’s Bonus Borrows Collection

• The Lord of the Rings audiobooks (entire trilogy)
• The Hobbit audiobook
• Spider-Man: Miles Morales Volumes 1 & 2 comics
• Loki: Agent of Asgard Volume 1: Trust Me comic
• Magic: The Gathering: Rise of the Gatewatch eBook
• The Gamer’s Bucket List eBook
• Star Wars Volume 1: Skywalker Strikes comic
• Critical Role: Vox Machina Origins Volume 1 comic
• Rebel Belle audiobook
• The Self-Compassion Workbook for Teens eBook

Children’s Top 10 List
Compiled by Emily Mook, youth services library assistant at the Lynchburg Public Library
All are available through hoopla’s Bonus Borrows Collection

• Captain Underpants audiobooks (select titles in series only)
• Lumberjanes Volume 1 comic
• Boxcar Children eBooks and audiobooks (select titles in series only)
• Classic Starts audiobooks: Peter Pan, Oliver Twist, The Swiss Family Robinson, The Secret Garden, Treasure Island, 20,000 Leagues Under the Sea, A Little Princess, Alice in Wonderland, and Anne of Green Gables
• Diary of a Wimpy Kid eBooks (select titles in series only)
• Big Nate comics (select titles in series only)
• The 39 Clues audiobooks (select titles in series only)
• Wings of Fire audiobooks (select titles in series only)
• Avatar: The Last Airbender: North and South Part 1 comic
• I  Survived audiobooks (select titles in series only)

Understanding hoopla and Overdrive
The hoopla and Overdrive collections are available to anyone with a Lynchburg, Campbell County, or Bedford County library card. The Lynchburg Public Library allows for three checkouts per month per library card. (However, checkouts of the hoopla Bonus Borrows Collection are unlimited.)

Anyone who has a library card issued from a library branch in Lynchburg, Campbell County, or Bedford County can create a free digital account with each collection. Go to hoopladigital.com or vppl.overdrive.com and sign up for an account using your library card number and PIN. (Your PIN should be the last 4 digits of the phone number you gave when signing up for your library card.)

People who don’t have a library card can still get one online at lynchburgpubliclibrary.org/get-a-card. Allow 24 hours for your card to become active.

If you have a question or are having trouble, reach out to the Lynchburg Public Library on Facebook or by calling (434) 455-6300 between 9 a.m. and 5:30 p.m. Monday through Friday.

A licensed professional counselor shares some words of wisdom

You thought it was your dream come true—but “working from home” isn’t quite as easy as it sounds. Many challenges are surfacing as employees all over the country try to do their jobs from their kitchen tables.

With Gov. Ralph Northam’s recent announcement about continued closures through June 10 (hopefully earlier), we know lots of you might need a pep talk. Pamela Smith, LPC, CEAP, is a local licensed professional counselor with years of experience in individual and family counseling. Here are a few of her suggestions for the work-from-home crowd:

Follow a schedule—“I think we all work better with a schedule,” says Smith. “Even though we are working from home, try to get up at the same time every morning. Set an alarm.” Then, take a shower, dress as if you are going to the office, put on makeup or jewelry. This will help you get in the right mood, Smith says. Finally, be sure to map out how your day is going to go or create a to-do list.

Set reasonable goals—Stemming from the above, Smith says she hears many people complain that they just can’t seem to finish any of the tasks on their to-do list—and they feel stuck. She says lack of motivation is very common during this time of uncertainty and suggests trying the 5-minute rule. “Break down tasks into little pieces,” she says. “If you want to clean out the garage, maybe start with one shelf. If you want to do more, great.” When possible, use the same approach with your work tasks.

Find and make personal space—This especially applies to couples and/or families that are not used to being together as much. “I think we’ve got to talk to each other about this and figure out where everyone’s space is so that if we need to get away for a few minutes we can,” she says.

Stay hydrated and eat well—“Stress and eating can collide and thus we either overeat, avoid food or forget to eat,” Smith says. We all know we feel better when we are taking care of our bodies. One idea is to use this time to improve your cooking skills or find ways to challenge yourself to eat healthy on a budget.

Use a timer for breaks (preferably dance party breaks)—Breaks are essential for the work day—they clear your mind and reset your body. “I have a friend working from home with family who told me at five minutes to the hour, everyone stops what they are doing and gets up and dances. Just to break the ice and give everyone a good laugh,” Smith says. She suggests finding a new genre of music and to have some fun with your playlist.

Cut yourself (or your employees) some slack—In other words, be flexible. Slower internet speeds, children in the home and other factors will make it a lot more difficult for employees to be productive. “A lot of people struggle with change. This is a scary time,” she explains, adding that we, “need to lower expectations and practice radical self-acceptance, accepting everything about yourself, your current situation and your life without question, blame or pushback. You are doing the best you can in a very difficult situation.”