OKPOLICY.ORG
On March 6, 2020, Oklahoma reported its first confirmed case of COVID-19 and declared a statewide emergency 10 days later. As the pandemic now enters its third year, Oklahomans continue grappling with the impact of lives lost and the immense disruptions it has created. OK Policy will be reflecting on the COVID-19 pandemic’s impacts and challenges. Our hope is that this will highlight opportunities for collaborative decision-making, future improvements, and prosperity for all Oklahomans.
– – – –
Evictions in Oklahoma have been a problem in Oklahoma for many years, but job loss and lost income during the COVID-19 pandemic made it even harder for Oklahomans to stay in their homes. At the height of the pandemic, a national moratorium on evictions helped people stay safely housed and safely distanced to protect against COVID-19. However, that moratorium has now ended and evictions are on the rise again. Local organizations like Restore Hope and Oklahoma Community Cares Partners, who are charged with distributing federal rental relief funds, have worked tirelessly as they deal with overwhelming need and a backlog of applications. Unless action is taken, Oklahoma evictions will return to problematically high levels. Now is the time for policymakers in our state to adopt bold new policies that give renters the support and protections they need to stay in their homes and communities.
The moratorium helped, but too many Oklahomans are still at risk for eviction.
In September 2020, the Centers for Disease Control and Prevention (CDC) issued a moratorium on most evictions for nonpayment of rent. The goal of the moratorium was to ensure people could practice social distancing and comply with stay-at-home orders while the pandemic caused millions of Americans to lose their jobs. The eviction moratorium was set to expire in December 2020 but was extended until July 2021 with a limited moratorium in place until October 2021 for communities experiencing a surge in COVID-19.
While some renters did not meet the moratorium qualifications or were unaware that help existed, the moratorium caused eviction cases to drop. In 2019, a little over 44,600 evictions were filed in Oklahoma and more than 25,000 approved. In the first 23 months of the pandemic – between March 2020 and February 2022 – only 22,300 evictions were granted, cutting Oklahoma’s prior eviction rate in half.
With the moratorium lifted in July 2021, tens of thousands of Oklahomans remain at risk of eviction. In Oklahoma, 81,000 Oklahoma renters are behind on rent, owing a combined $150 million. National trends show that people of color are experiencing an outsized share of rent housing insecurity. Among the tenants behind on rent, 56 percent are people of color. In 2019, 58 percent and 53 percent of Black and Latinx households were renters, compared to only 31 percent of white households, an imbalance that results from structural racism and a history of racist housing policies. Nearly 47,000 renters reported that it was “very likely” they would leave their home due to eviction in the next two months. Oklahoma needs to take steps to prevent large-scale housing insecurity.
Oklahoma cities lead the nation in number of evictions. Four Oklahoma cities are in the top 100 evicting cities: Tulsa (11th), Oklahoma City (20th), Norman (83rd), and Broken Arrow (90th). Among the top 100 mid-sized and rural cities for evictions, Oklahoma has three cities on those lists. The eviction crisis is not just an urban or rural problem — it’s a state problem. It will require state solutions to solve.
A void of statewide solutions has led to a patchwork network of programs from counties, municipalities, and nonprofits, which has resulted in mixed results for Oklahoma residents. Tulsa, for example, is an outlier from other Oklahoma cities where evictions are below their pre-COVID average, but similar results have not been seen consistently in other parts of the state. This disparity shows the need for the Oklahoma legislature to seek solutions that can help alleviate the rental crisis throughout the entire state.
More needs to be done to keep people in their homes.
Rental assistance programs are one of the best tools to keep families in stable housing. Three in 10 low-income Oklahomans are experiencing homelessness or pay more than half their income on rent. While the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provided temporary support for more people, most do not receive federal assistance through permanent programs like Section 8 housing vouchers due to limited funding. Federal Emergency Rental Assistance Program (ERAP) money helped Oklahomans make their rent during the pandemic, but these funds are temporary. Like Washington state, which made the rental assistance permanent, Oklahoma could leverage state resources to bridge this funding gap.
The Oklahoma Residential Landlord Tenant Act (ORLTA) desperately needs an update that will protect renters from needless evictions. The ORLTA contains several legislative gaps that favor landlords over tenants, including failure to regulate late fees, differences in time allowed for repairs or ability to terminate a lease, and failure to protect tenants from retaliation. Oklahoma lawmakers should reevaluate the ORTLA to ensure equity between landlords and renters.
While most landlords have a lawyer in eviction proceedings, tenants often cannot afford one and do not have the right to a lawyer like in criminal court. Oklahoma should enact provisions that increase renter access to legal representation in eviction proceedings. Legal representation for tenants is associated with significantly greater odds of a tenant remaining in their home.
State policy solutions would increase housing security and help families thrive
There is proposed legislation this session that would help keep people in their homes if passed. House Bill 3409 would increase the amount a renter can spend on repairs to their home and deduct from their rent. Senate Bill 1347 would have provided a tax credit for renters, much like the homestead exemption that homeowners receive, but failed to get a vote in committee.
Other proposed legislation would exacerbate the eviction crisis. HB 3238 would remove the 48-hour waiting period from the time of an eviction hearing that allows tenants to find alternative living arrangements. It also would allow for immediate possession to be granted to the landlord. HB 3238 would further harm families and put them at risk of homelessness
More broadly, we need an economic system in which working Oklahomans can afford one of life’s most basic necessities: shelter. That starts with establishing a long overdue living wage and creating a more equitable tax structure that doesn’t favor the wealthy and provides vital support and services for low-income working Oklahomans.
Additionally, Oklahoma is in dire need of more affordable housing. The state needs over 70,000 affordable rental homes to meet the needs of extremely low-income renters. Oklahoma legislators could follow the lead of other states that are promoting denser housing in areas with single-family homes.
A safe and stable home is fundamental to the well-being of all Oklahomans. We cannot be a destination state for business and families while so many of our friends and neighbors worry about where they will sleep. Oklahoma is among the leaders in the nation in number of evictions, but the moratorium demonstrated that it does not have to be that way. Through better financial and legal support for renters and increased availability of affordable housing, we can ensure every Oklahoman has a roof over their head.
– – –
On March 6, 2020, Oklahoma reported its first confirmed case of COVID-19 and declared a statewide emergency 10 days later. As the pandemic now enters its third year, Oklahomans continue grappling with the impact of lives lost and the immense disruptions it has created. OK Policy will be reflecting on the COVID-19 pandemic’s impacts and challenges. Our hope is that this will highlight opportunities for collaborative decision-making, future improvements, and prosperity for all Oklahomans.
