High rent prices are draining the budgets of many Nebraska renters, who are paying between 30% and 50% of their income on rent.

In some parts of the state, this affects nearly half of renters - and evictions are on the rise. The first six months of 2023 saw almost 1,400 more eviction cases than at the same time in 2022.

Scott Mertz, director of the housing unit at Legal Aid of Nebraska, said tenants with financial difficulties and facing eviction will usually qualify for their services. He said they're often able to get people a "better outcome," which may allow them to stay in place.

"If that's not achievable," he said, "the next stage is a combination of how much time we can help somebody get to get somewhere else and avoid that court order - that judgment being on their record."

Mertz stressed that an eviction stays on a person's record for decades, which can limit future rental opportunities and lead to job loss, health problems and even homelessness. As of this week, Nebraska Investment Financing Authority has begun accepting applications for rental and utility assistance from people in a large part of the state.

NIFA Executive Director Shannon Harner said $48 million of COVID-related Emergency Rental Assistance Funds is available for people outside the Omaha and Lincoln areas, which received their ERA funds earlier. She said the money is to help stabilize households that are struggling to afford rent and utilities.

"In that application, they can apply for past-due rent, and up to three months of future rent," she said. "There are priority households that may be able to come back and request yet additional assistance beyond that, and those qualifications are at Nebraskarenthelp.org.

Information is also available through the NIFA call center at 844-429-6575.

Mertz said renters facing eviction need to know their rights, which includes how much notice they're entitled to.

"If you're in public housing; if you have your rent subsidized - typically what's called Section 8 - you should get 30 days," he said. "But also, in properties who are getting a federal benefit because their financing comes through federal programs, individuals should get the 30-day notice."

Nebraska law only requires that landlords give renters seven days' notice. Mertz said people at risk of eviction should call Legal Aid of Nebraska as early in the process as possible, to find out about their rights and whether they qualify for representation. The Statewide Accessline is 1-877-250-2016.


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A new report from the Michigan League for Public Policy reveals that eviction injustice is locking many Michigan families out of safe, stable housing. The league's report, "Opening Doors to Families Harmed by Eviction," highlights housing disparities and urges lawmakers to pass bills during the lame-duck session, ensuring tenants' counsel and record expungement. They note that while the Sixth Amendment guarantees an attorney in criminal cases, no similar right exists in housing court.

Julie Cassidy, report author, said the bills will ensure a tenants' due process rights.

"Due process is often touted as fundamental to our justice system, but we know that there are too many people out there that don't always have access to it," she explained.

Research shows evictions cost governments millions in shelter, health care, foster care, education and corrections. Each year, Michigan landlords file eviction cases against 1 in 6 renter households.

The report also revealed that Michigan landlords are 17 times more likely than tenants to have lawyers and often deny housing based on eviction records, regardless of circumstances. Cassidy emphasized the clear impact of legal representation, noting that renters with attorneys achieve better outcomes in housing court.

"Which indicates to me that at least some of the evictions that are attempted are illegitimate in some ways - and those people should not be getting kicked out of their homes. This is exactly why we need this legislation," she continued.

Research shows landlords can evict month-to-month tenants with just 30 days' notice, even if they've done nothing wrong. Advocates for tenant rights call for a well-funded program that ensures legal access, qualified attorneys and second chances for renters.

The public housing agency serving Nebraska's largest city faces legal action amid claims of poor living conditions for a tenant with disabilities. The plaintiffs said it is an example of housing barriers limiting one's quality of life.

Legal Aid of Nebraska has filed a request for a temporary injunction against the Omaha Housing Authority, claiming it is falling short in accommodating Latonia Freeman, who has asthma as well as a disability. The two sides have been locked in a dispute over the situation.

Caitlin Cedfeldt, supervising attorney for Legal Aid of Nebraska, said Freeman has had to endure living in an apartment with unsafe, mold-ridden conditions.

"Her housing is detrimental to her health," Cedfeldt asserted. "But the alternative, which is potentially being homeless, is also not healthy."

The Housing Authority, which was recently met with a class-action lawsuit in a separate case concerning tenants' rights, did not respond to a request for comment. Last session, Nebraska lawmakers did pass some reforms for marginalized renters but another bill failed.

Cedfeldt suggested there should be broader efforts to help vulnerable tenants know and make use of their rights. She pointed out the current rental market added to the dilemma tenants with limited resources face in the event of discrimination or similar situations with their existing landlord.

"Because of the limited supply of affordable housing in Omaha and across the country, it's hard to find an alternative that's safe," Cedfeldt explained.

Beyond reforms dealing with tenants' rights, advocates said such examples bring renewed focus on the need for affordable housing development accessible to a range of populations. The bill adopted in Nebraska provides a "right to counsel" but only for public-housing tenants in cities with at least 400,000 people. In Nebraska, only the city of Omaha applies.


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By Tyler Fenwick for Mirror Indy.
Broadcast version by Joe Ulery for Indiana News Service reporting for the Mirror Indy-Free Press Indiana-Public News Service Collaboration.

Safe Park Indy is expanding to a second location for people who are living in their cars.

The organization opened its first location at a church on the northeast side in October. Along with a safe space to park overnight, the church gives people access to internet, bathrooms, snacks and a community room.

It plans to open a parking lot on the north side starting Jan. 1. When it’s ready, both parking lots may not be open at the same time — at least not at first.

Elizabeth Friedland, the organization’s executive director, said details aren’t final, but it’s possible the two lots will be open on a rotating basis.

Mirror Indy has agreed to not name the locations because Safe Park Indy requires a background check and won’t accept walk-ins. Both lots have space for 10 cars.

The organization’s goal is to have four parking lots open all at the same time by the end of next year.

Safe parking sites in high demand

The need for a safe place to park overnight became immediately clear when Safe Park Indy opened its first lot.

The waitlist has ballooned to 350 people, Friedland said. And she only expects that number to keep rising as the nights get colder.

“It is absolutely mindblowing to me,” Friedland said. “I knew the need would be big, but I had no idea it would be 350 people waiting for a spot.”

Still, Friedland said the first lot has been a success.

About half of the people have been there since it opened, she said, while the other half typically stay for a few nights and then move on.

So, even though 350 people is a lot, Friedland urged people to keep signing up because spots can open quickly.

And as another sign of early success, Friedland said the organization has gotten through the first nearly two months without a safety incident.

How to sign up

To be admitted to the program, you must be homeless and living in your car. You can’t have active warrants or a history of violent crimes.

The parking lots are not open to families with children.

Apply for a spot here. Once admitted, the organization will send the parking lot location.


Tyler Fenwick wrote this article for Mirror Indy.


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