Justin Garcia Archives - Talk Poverty https://talkpoverty.org/person/justin-garcia/ Real People. Real Stories. Real Solutions. Fri, 14 Aug 2020 17:12:07 +0000 en-US hourly 1 https://cdn.talkpoverty.org/content/uploads/2016/02/29205224/tp-logo.png Justin Garcia Archives - Talk Poverty https://talkpoverty.org/person/justin-garcia/ 32 32 Florida Police Are Still Clearing Homeless Camps Despite CDC Guidance https://talkpoverty.org/2020/08/11/florida-police-still-clearing-homeless-camps-despite-cdc-guidance/ Tue, 11 Aug 2020 16:29:53 +0000 https://talkpoverty.org/?p=29273 Tears stream down Venettia Moultrie’s face as she recalls the day that she was evicted from her encampment in Gainesville, Florida. Her tent had space for up to twenty people and included a meditation room. About twenty others lived in tents nearby, and residents looked out for one another. In May, law enforcement arrived at the camp with bulldozers.

Officers from the Gainesville Police Department and Florida Department of Corrections announced over a loudspeaker that residents had six hours to vacate before demolition of the camp, in defiance of the Center for Disease Control’s recommendation to leave encampments intact during COVID-19. Florida’s state public health website provides no guidance on protecting people experiencing homelessness from COVID-19. Moultrie left with just one change of clothes.

When the 37-year-old set up camp in November of last year, she made strong connections with others who lived there, people at higher risk of contracting illnesses even before COVID-19. Since the eviction, she’s been worried about their safety.

“I lost my community, and it’s hard to know if my friends are alright,” Moultrie said. “I can’t pay to keep my phone on all the time and neither can they. I’m so angry at what happened […] I worry about my former neighbors who probably don’t have a place to stay now. At our camp, many of them had houseplants and pets, it was nice. We weren’t a typical community, but we were still a community.”

She holds a handwritten list with her lost friend’s phone numbers as we speak outside of her current homeless shelter, GRACE Marketplace. GRACE, formerly Gainesville Correctional Institution, was converted to a secular shelter in 2014. The shelter does ‘bed checks’ to make sure residents are in their rooms three times a night, which Moultrie is not used to after living freely in her camp.

“If you’re not there for bed checks two nights in a row, they kick you out,” Moultrie said, “You have to be on the street until you’re allowed back in.”

The camp was established in November of last year, after other options had failed. GRACE was at full capacity, so people started camping around the edges of the shelter’s property, which the campers and GRACE called “Dignity Village.” At its peak, the camp was home to around 220 people.

It does not make sense to evict anybody in the middle of a pandemic.

They camped there so they could use GRACE’s hygiene services and other resources. When the City of Gainesville ordered Dignity Village to shut down in January, Moultrie and about 50 others set up a new camp in the woods nearby, on Florida Department of Corrections (FDOC) property. FDOC officers were upset by their presence, and asked Gainesville PD to threaten the campers with trespassing charges if they refused to leave.

Many camp members left between March and May, for fear of arrest. Moultrie and the last 20 residents were evicted on May 14th by the Gainesville PD and officers from the FDOC.

According to a 2019 survey, there are an estimated 752 homeless people in Gainesville’s Alachua County, 191 of whom were in shelters. GRACE currently has the ability to house 141 people. Their capacity has been reduced by 25 percent to reduce risk of spreading COVID-19. Those who can’t make it in are often waiting outside of the facility, hoping for a chance at a roof over their heads.

“I think the big question raised by this eviction is, if they can’t be in these places, then where can they be?” asked Kirsten Anderson, litigation director at Southern Legal Counsel. “GRACE doesn’t have enough space for everyone, and you’re going to see more situations like this because people have to exist somewhere. But it’s often criminalized.”

Shelter access is particularly important during the current pandemic.

CDC guidelines specifically state: “If individual housing options are not available, allow people who are living unsheltered or in encampments to remain where they are.” This is a precautionary measure meant to control the spread of COVID-19.

“Clearing encampments can cause people to disperse throughout the community and break connections with service providers,” the guidelines say. “This increases the potential for infectious disease spread.”

A Southern Legal Counsel press release says that the CDC also encourages federal aid from FEMA and the CARES Act to be used for emergency housing, but that Gainesville officials have not secured housing for the people they are displacing.

Requests for comment were made to the Gainesville PD and FDOC. Shelby Taylor, City of Gainesville Communications Director responded in their stead.

“The Gainesville Police Department has worked compassionately with representatives from GRACE Marketplace over several months to transition people experiencing homelessness into a more stable housing environment,” Taylor said. “But GPD serves to protect the rights and property of all property owners in the city of Gainesville. In May, at the request of FDOC officials, GPD was asked to notify people camping on the property that they were trespassing.”

Taylor went on to say that the eviction effort was coordinated with representatives at GRACE.

“It would be safe to say that the capacity of all the shelters in Gainesville is about half of the homeless population,” said GRACE Executive Director Jon DeCarmine. “For all of the narrative that people are safer at home, it does not make sense to evict anybody in the middle of a pandemic.”

However, DeCarmine confirmed that GRACE worked with Gainesville PD and FDOC to evict Moultrie and other campers from the nearby encampment, claiming that it was done out of fear for residents’ safety after an incident involving a drunk driver nearly hitting people in their tents.

DeCarmine said GRACE offered beds and services to those who were displaced. However, Moultrie said she was only offered a bed at GRACE after she went to the local university’s newspaper, The Alligator, about the eviction. She claimed her fellow campers did not get beds, and said she feels lonely and constantly under surveillance at GRACE.

She still hopes to see her friends again, but doesn’t know if it will ever happen. In the meantime, she’s working on forming a nonprofit that helps fellow homeless people by providing food, first aid equipment and the basic necessities of life. She recently got accepted to Santa Fe Community College in Gainesville to study Public Health. She’s going to stay at GRACE for as long as she can. While it’s not her ideal situation, she knows that it’s hard to survive without shelter during the COVID-19 pandemic.

“People aren’t asking for much,” Moultrie said. “Just three meals a day and suitable shelter. This city, any city, should provide that to everyone during a time like this.”

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Landlords are Using an Old Financing Trick to Get Around Eviction Freezes https://talkpoverty.org/2020/06/16/payment-deferment-rent-pandemic-landlords/ Tue, 16 Jun 2020 16:30:35 +0000 https://talkpoverty.org/?p=29152 When coronavirus started sweeping the country this March, Francine Simpson lost three jobs. The 26-year-old was apprenticing in a Los Angeles-area tattoo shop, while babysitting and working as a waiter for a caterer on the side. Like nearly one in two American adults, she survived paycheck-to-paycheck before the pandemic. Without a job, Simpson couldn’t pay her $655 share of the $1965 rent that she splits with two roommates. She quickly started receiving threats from the property management company hired by her landlord.

The leasing office at Villas Antonio Apartments in Rancho Santa Margarita, Calif., which is owned by Western National Property Management, a development company that owns more than 160 properties, called her four times asking her to sign a 120-day rent payment deferment agreement. Simpson refused, explaining that she does not know when she will return to work and that she can’t be evicted under current California law. Simpson said the manager replied, “We can’t evict you — yet.”

Deferment agreements like the one presented to Simpson are commonly used by landlords and property managers when tenants are unable to pay rent. These agreements enter tenants into legally binding contracts to pay their rent owed within the number of days designated by their landlord. In Simpson’s case, if she were to sign her contract and find herself unable to pay when the California eviction moratorium expires on July 28th, her property owners could file an unlawful detainer case against her, which would forcibly remove her from the property and place an eviction on her record. The property owners would also have the option of suing Simpson for the amount of rent owed.

Representatives at Villas Antonio Apartments and at WNPM’s headquarters did not reply to requests for comment on the deferment agreements they are issuing to Simpson and other tenants.

Before COVID-19, these agreements were used by renters who had fallen on hard times, such as being in between jobs. With a deferment, renters could delay paying rent until they were back on their feet. But in the midst of a massive economic depression, with unemployment at over 13 percent and an estimated 21 million unemployed Americans in May, many people won’t have a steady income for months. This can leave those who sign such agreements vulnerable to eviction as the economy remains unstable for the foreseeable future.

“I’m usually ok with payment deferment agreements like the one in her (Simpson’s) case,” said Joseph Tobener, tenant lawyer and partner at Tobener Ravenscroft LLP in San Francisco. “But in a crisis situation like this, tenants shouldn’t feel forced to sign anything their landlord gives them, and they shouldn’t have an eviction on their record. Tenants have the leverage here.”

Irene Bassett also refused to sign a payment deferment plan in April. On April 20th, her landlord issued Irene and her husband a “pay or quit” notice at their Hawthorne, Calif., apartment, which threatened them with eviction filings in three days if they refused to pay rent. Bassett responded that eviction paperwork currently cannot be filed due to pandemic emergency laws.

“A few days ago we received another letter from our landlords saying they still expect rent,” Bassett said. “Expecting rent from me in a time like this is immoral. If I have to choose between food and rent, I choose food.”

Bassett reached out to the Eviction Defense Network (EDN), where a team of lawyers like Elena Popp offer pro bono legal help to tenants in need. Popp said the three-day notice is becoming more popular with landlords.

“Some tenants see a notice like that and panic. Especially if they’re like so many Americans who have trouble accessing legal help, they leave out of fear,” Popp said. “And the court is sending false and misleading notices to tenants, notices that violate the State Judicial Council’s orders.”

We can’t evict you — yet.

Maria del Socorro Serrano received such a notice from the Los Angeles Superior Court on April 17th, which notified her and her husband Jose Garcia that they were being evicted and had five days to respond to the court. They turned to EDN for legal assistance, and are now receiving support for their case.

“I got overwhelmed. We are already under so much pressure because my husband and I lost our jobs in March,” Serrano said. “My heart dropped to the floor.”

EDN and Popp are receiving more requests for assistance than ever, while preparing for what Popp says will be a “tsunami of evictions” when emergency protections are lifted in California. Tenant unions are also trying to keep up with renters who need assistance.

“It’s hard to keep track of the amount of renters that have reached out to us about pressure that’s being put on them to do things against their best interest,” said Jane Demian, caseworker for the Los Angeles Tenants Union. “The landlords should be approaching their lender about mortgage relief during this crisis, instead of this backlash against tenants.”

Without tenant unions and lawyer groups such as EDN, renters who find themselves in dire economic situations are often without resources to help them navigate agreements with landlords. The lawyer operated website Avvo says tenant lawyer fees typically range from $200-$500 an hour. With 58 percent of Americans having less than $1,000 in savings, hiring a lawyer is not an option for most people.

The pressure tactics by landlords can take a toll on the health of their tenants. At the beginning of April, Simpson started suffering from panic attacks. She made it through by talking out her situation with her family and friends, but is still living with the effects. As the eviction moratorium expiration date of July 28th draws closer, she wonders what her living situation will be like in the coming months.

“It’s so upsetting. My landlords might have to wait on some money, but I could end up homeless if I have an eviction on my record,” Simpson said. “It feels like I’m stuck yelling at a wall.”

This article was supported by the Economic Hardship Reporting Project.

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