LAS VEGAS (FOX5) -- The Nevada Eviction Moratorium expired October 15, but the federal moratorium through the Centers For Disease Control and Prevention lasts through December 31. You must meet certain criteria and take certain actions to be eligible for federal protections.
According to research organization Guinn Center, 118,000 to 142,000 households could be vulnerable to evictions. Below is basic information to help you navigate the process.
If you owe rent or backpay after Oct. 15, your landlord can pursue a court order for evictions. This is enforceable for homes, apartments, hotels, extended stays and other properties where you have established residency and owe backpay.
Evictions cannot be carried out by your landlord -- only a constable can deliver a court order to force you to leave your property.
According to LACSN, rent must be on time and could be subject to penalty fees after the moratorium expires.
WHAT YOU CAN DO
Since October 15, evictions for "non-payment of rent" have been allowed to proceed in court.
You have the option to "file an answer" with your local justice court to get a hearing before a judge. You must do this in the timeframe expected in your eviction notice. You must fill out a Tenant Affidavit Form, available online at the Civil Law Self-Help Center or in person at your local Justice Court. You can request from the judge more time to vacate, or request mediation with the landlord.
You can request mediation and payment plans as an option on the form.
HOW THE CDC ORDER WORKS
The executive order gives power to the CDC to halt evictions to stop the spread of coronavirus. It's in effect through December 31 and applies to all 50 states.
The order asks that tenants meet certain criteria: you cannot earn more than $99,000 a year, you made the "best effort" to pay partial rent, you applied for all available aid resources, are in danger of becoming homeless and have submitted a federal "declaration form" from the CDC website to your landlord, the courts and a judge.
If you can have the order notarized, Legal Aid recommends that.
The Supreme Court of Nevada, with approval from Senate Bill 1, launched a program for free mediation help for tenants and landlords, all to negotiate payments before any court appearance or eviction order. The phone number is (702) 455-3898. The email address is firstname.lastname@example.org. Video meetings are also available.
Representatives will provide mediation help and determine if the tenants are eligible for any state rental assistance programs. If a person is still waiting for unemployment payments, court officials will work with the Department of Employment, Training and Rehabilitation for a prioritized payment, according to the Access to Justice Commission.
According to DETR, adjudicators will work with mediators if unemployment payments are a factor in non-payment of rent.
The court warns that eviction hearings will not be heard as quickly, due to a expected higher caseloads, and encourages Nevada residents to use the above mediation option.
CDC - Access to the CDC Order, the downloadable declaration form, and answers to frequently asked questions at https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html
The Legal Aid Center of Southern Nevada is available to help people with tips to navigate the process and help you find options.
The hotline is (702) 386-1070.
530 South 6th St.
Las Vegas, NV 89101
Rent and Mortgage Payment Assistance – To access statewide and local resources and programs offering potential assistance to help with rent, mortgage, or receipt of rental payments, go the portal available through the Nevada Housing Division at https://housing.nv.gov/.
Rental Mediation Program – Senate Bill 1 from the 32nd Special Session of the Nevada Legislature authorizes courts to grant a stay of eviction proceedings if the courts establish a mediation program. Under this authority, the Nevada Supreme Court adopted a new eviction mediation program to steer certain types of eviction cases into mediation in the hopes that landlords and tenants could resolve their disputes themselves, instead of arguing in court, thereby reducing the number of people in the courthouse during the COVID-19 pandemic. For additional information and answers to frequently asked questions, visit http://www.homemnv.org/renter-connect/
COURT NEEDS INTERPRETERS
Courts in Las Vegas are looking for interpreters who are interested in helping Nevadans through the mediation process. According to the courts, they're expecting 135,109 possible evictions.
Court interpreters help with potential agreements between tenants and landlords to divert evictions and keep people housed. Help is needed throughout the state, the courts say on the website.
Mediations will mostly be help over the phone or through video depending on the participants. The final process for mediation is still being ironed out, the courts said, but upon filing, a 30-day stay would become automatic and the participating mediators would be used on a rotating list.
Interpreters will be paid $25 per hour.