In an effort to reduce the number of evictions of tenants and to ensure landlords are paid rent that is due, the Supreme Court and OCA have partnered with the Governor’s Office and the Texas Department of Housing and Community Affairs to establish the Texas Eviction Diversion Program (TEDP). Announced by the Governor last fall and ordered by the Supreme Court in the 31st Emergency Order, the voluntary program is to be offered to landlords and tenants in pilot counties selected by OCA beginning October 12 or when additional pilot counties are identified. Your county has been selected as one of the pilot counties beginning 1/19 (some of you are already operating as pilots but you are being included here for updates which may impact your program). The program will go statewide later this spring with additional funds being allocated by the state.
Because your county is designated as one of the pilot counties, funding for rental assistance and eviction diversion has been allocated to certain community agencies to distribute to eligible landlord/tenants and can cover past due rent (from April 2020 to present) and some months of future rent. Landlords must agree to waive late payment fees and their previous claims (both for non-payment of rent or others), and the funding will be direct deposited to the landlord. Tenants must meet income eligibility requirements (at or below 200% of poverty or 80% of Area Median Income) and be financially affected by COVID-19. See the eligibility requirements and documents needed below.
| LANDLORD / UNIT | TENANT / HOUSEHOLD |
Eligibility Requirements: - Assistance for rent no older than April 2020
- Rent for the household assisted may not exceed the TDHCA maximum limits (see website for your area)
- Must have a bank account and accept direct deposit
- Units that are already receiving project-based assistance or are public housing units are INELIGIBLE
- Units that are owned by a unit of government may be ineligible
| Eligibility Requirements: - Household income at or below 200% of poverty or 80% of Area Median Income*
- Household has been financially affected by COVID-19 pandemic
- Tenants are INELIGIBLE if they are receiving tenant-based voucher assistance, are in a unit receiving project-based assistance, or are in public housing
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Documents Needed: - Copy of the executed lease with the tenant or if no written lease, required certification proving tenancy
- Documentation of Missed Payments (ledger, etc.)
- IRS W-9
- Landlord TEDA form completed
- Landlord TEDA certification completed
| Documents Needed: - Personal ID
- If no written lease, evidence of unit tenancy
- Income: evidence of eligibility under other qualified program OR income evidence for past 30 days
- Tenant TEDA form completed.
- Tenant TEDA certification completed
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Landlord Will Be Required to Certify that Landlord: - Will waive late penalties and court fees
- Has not received assistance from another program for the same months of rent for this client and will not apply in the future
- Will release the tenant from payment liability for this time period, waive all prior claims raised in the eviction case, and not evict the tenant for the period covered by the TEDP
- Will reimburse the TEDP within 10 business days if you receive rent payment for this same time period
- If no written lease, will certify the lease term, rent amount, and be able to provide proof of tenancy
| Tenant Will Be Required to Certify that: - Tenant’s household has been economically impacted by the COVID-19 pandemic
- Tenant has not received rental assistance for the same months of rent and will not seek such assistance in the future for the covered months
- Tenant has not previously received rental assistance funded with CARES funds that, together with this assistance, will exceed the maximum duration of rental assistance
- If no written lease, must certify lease term, rent amount, and ability to provide proof of tenancy
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Simplified, the court process steps are as follows:
1. Landlords must review the information on the program at www.txcourts.gov/eviction-diversion and state in their petition for eviction that they have done so.
2. The citation in eviction proceedings must have attached to it a TEDP brochure and contain the language in English and Spanish:
If you and your landlord agree to participate in the Texas Eviction Diversion Program, you may be able to have up to 6 months of the rent you owe paid and stop your eviction. At your trial, the court will notify you about the Program and ask if you are interested in participating. Find out more about the Program in the attached brochure, titled State of Texas Eviction Diversion Program, and at www.txcourts.gov/eviction-diversion/; and at https://texaslawhelp.org/article/texas-eviction-diversion-program. You may also call Texas Legal Services Center for assistance at 855-270-7655.
Si usted y el propietario están de acuerdo en participar en el Programa de Desvío de Desalojo del Estado de Texas, podrá ser elegible para recibir asistencia de hasta seis meses de pagos vencidos de su alquiler y detener su desalojo. En su audiencia de desalojo, el juez le dará información sobre este programa y le preguntará si desea participar en él. Encontrará más información sobre el programa en el folleto adjunto titulado Programa de Desvío de Desalojo del Estado de Texas. Puede visitar los siguientes enlaces para más información www.txcourts.gov/eviction-diversion o https://texaslawhelp.org/article/texas-eviction-diversion-program , o llamar al Centro de Servicios Legales de Texas (en inglés, Texas Legal Services Center) por teléfono al 855-270-7655.” 3. On the trial date and at the beginning of the eviction trial, you must discuss with the landlord and tenant the TEDP and inquire whether the landlord and tenant are interested in participating in the program.
4. If both the landlord and tenant express an interest in participating in the TEDP, you must abate/ suspend the eviction proceeding for 60 days, make all of the information and records of the eviction action confidential to prohibit disclosure to the public, and inform the parties of the reinstatement and dismissal procedures in #5 below. You should also refer them to the community agency listed below for your county for the application process to continue.
5. If something falls through on the TEDP and the landlord wants to proceed with the eviction, the landlord may file a motion with the Court within the 60-day abatement period and serve a copy on the tenant. If you receive a motion, you must sign an order (and serve it on the parties) reinstating the case, setting the case for trial as soon as practicable but no later than 21 days after the date of the order, stating the procedures for the action to proceed, and making the information and records of the case non-confidential to allow disclosure again to the public.
6. If you do not receive a motion to reinstate the case within the 60-day abatement period, you must dismiss the eviction case with prejudice, including any claims that do not involve the nonpayment of rent. All court information and records must stay confidential and not available for disclosure to the public.
