STRATEGIC PRIORITY: Workforce, Education & Equity
AGENDA DATE: May 8, 2024
COUNCIL DISTRICT(S): 7, 14
DEPARTMENT: Office of Equity and Inclusion
EXECUTIVE: M. Elizabeth Cedillo-Pereira
______________________________________________________________________
SUBJECT
Title
Authorize a twelve-month subrecipient agreement with the Law Offices Craig W. Harvey to provide legal services to Dallas residential tenants at risk of eviction and homelessness due to financial hardships brought on by the COVID-19 pandemic for the period June 1, 2024 through May 31, 2025 - Not to exceed $240,000.00 - Financing: Coronavirus State and Local Fiscal Recovery Fund
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BACKGROUND
In 2021, the City of Dallas created the Dallas Eviction Assistance Initiative to continue mitigation of eviction efforts in Dallas. The initiative establishes an evictions program where direct legal services will be provided to Dallas residents who are low-income as defined by the United States Department of Housing and Urban Development (HUD), specifically those at or below 200 percent of the Federal Poverty Guidelines, and residents negatively impacted by the COVID-19 pandemic. The goal of the initiative is to mitigate Dallas residents finding themselves facing eviction and possible homelessness without the resources to retain legal representation. The goal of Eviction Assistance lnitiative-2 (EAl-2) has been established to provide legal support to prevent evictions and assist in preventing homelessness. The purpose of this initiative is to assist vulnerable Dallas tenants who are facing evictions and possible homelessness due to financial hardships brought on by the COVID-19 pandemic in Council Districts 7 and 14.
Due to COVID-19 financial hardships, residential tenants have faced the threat of eviction and homelessness. Evictions data from the Child Poverty Action Lab (northtexasevictions.org) shows varying fluctuations pre-pandemic and during the pandemic. It has been found that evictions increased during periods where moratoriums expired. This includes an increase after the Dallas County eviction moratorium that expired May 18, 2020, the Texas Supreme Court eviction moratorium that expired April 19, 2020, and the CARES Act eviction moratorium that expired July 25, 2020. Additionally, on August 26, 2021, the U.S. Supreme Court ruled the Center for Disease Control (CDC) eviction moratorium was unconstitutional.
It can reasonably be deduced from interactions with residents, the court administrators, and the County that City residents continue to experience an increase in evictions due to COVID-19 financial hardships. Those particularly at high risk include low-income communities, individuals with disabilities, women who are economically disadvantaged, persons of color, domestic violence victims, and families with children.
The COVID-19 Pandemic has affected the entire country and to alleviate some hardships the CARES Act (Act) implemented an eviction moratorium last year. These protections extended for 120 days from enactment on March 27, 2020, and expired on July 24, 2020. On September 4th, 2020, the CDC issued a temporary eviction moratorium order through December 31, 2020. The moratorium covered all tenants who meet the order requirements and present a signed declaration to their landlord. These protections were originally extended by the Consolidated Appropriations Act until January 31, 2021. The CDC later extended the original eviction moratorium order to July 31, 2021. On August 3, 2021, the CDC issued a new eviction moratorium order that expired on October 31, 2021. On August 26, 2021, the United States Supreme Court issued an order vacating the latest CDC eviction moratorium.
On December 29, 2023, the City of Dallas Office of Equity and Inclusion (OEI) announced the 2024 Notice of Funding Availability (NOFA) for the Eviction Assistance Initiative. The application deadline for this opportunity was at 5:00 p.m. on Friday, March 8, 2024. The City of Dallas sought proposals from non-profit legal service organizations, law firms, or law school legal clinics to provide eviction prevention services to City of Dallas residential tenants in Council Districts 7 and 14 who may face loss of housing due to financial hardships brought on by the COVID-19 pandemic. All applications were submitted electronically through Bonfire, the City’s electronic solicitation portal. The OEI sought to award contracts totaling $115,000.00 for Council District 7 and $125,000.00 for Council District 14 to qualified entities demonstrating the capacity to deliver impactful legal services in accordance with this NOFA. The referenced allocation will be overseen and administered by the OEI.
The recommended firm, the Law Offices of Craig W. Harvey (LOCWH’s), a private organization that was established in 2014. There is no history of previous authorization of a supplemental agreement related to the eviction initiative with the LOCWH. The firm’s client services also include comprehensive legal experience in both federal and Texas law related to legal consultation, including, but not limited to federal, state, and local municipal government, including housing, real estate, procurement, and contractual issues; procurement regulations of the Local Government Code, Code of Federal Regulations, and HUD Procurement Standards (e.g., section(s) 1.4; 2.2; 2.6; 3.3 - 3.5; Chapters 4, 7, 9, 10, 11, 12.1-12.5; 13.2-13.5; 14, 16.2-16.14); Federal and State Landlord Tenant Law, including forcible entry and detainer actions; Legal consultation regarding financing the development and acquisition of public and affordable housing, specifically as it pertains to (1) tax credits and (2) tax exempt bonds; and structuring business deals to develop and acquire public and affordable housing, including general partner interests, new construction, and existing development projects; and other legal services.
The LOCWH's selection criteria for tenants facing eviction due to COVID-19 financial hardships in Council District 7 and/or Council District 14 is dedicated to strict compliance outlined in the Dallas Eviction Assistance Initiative. This includes prioritizing underserved tenants and residents from lower-income backgrounds and equity priority areas historically disadvantaged, including those who may face racial inequity, lack legal representation, or are immigrants. The firm agreed not to use City issued funds toward the adverse litigation or clients. The firm works with its community partners to collaborate in providing services to applicants.
The negative economic impacts of the COVID-19 pandemic endure, amplifying the need for legal services to support tenants who are facing evictions. The proposed supplemental agreement allows for continued the eviction assistance initiative during the remaining months of 2024 and the beginning of 2025.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On September 22, 2021, the City Council authorized the final reading and adoption of the appropriation ordinance for the FY 2021-22 City of Dallas Operating, Capital, and Grant & Trust Budgets, which included the American Rescue Plan Act Funds from the U.S. Department of Treasury for the Coronavirus Local Fiscal Recovery Funds by Resolution No. 21-1590.
On June 23, 2021, the City Council authorized the acceptance of grant funds from the U.S. Department of Treasury for the Coronavirus Local Fiscal Recovery Fund to provide relief during the ongoing COVID-19 pandemic by Resolution No. 21-1149.
FISCAL INFORMATION
|
Fund |
FY 2024 |
FY 2025 |
Future Years |
|
Coronavirus State and Local Fiscal Recovery Fund |
$240,000.00 |
$0.00 |
$0.00 |
Council District Amount
7 $115,000.00
14 $125,000.00
Total $240,000.00
OWNER
The Law Offices of Craig W. Harvey
Craig W. Harvey, Founder, Managing Attorney