Law pg 11,12,59.qxp_Layout 1 12/17/21 11:36 AM Page 1
It’s the Law
By HOWARD BOOKSTAFF, Hoover Slovacek LLP , HAA General Counsel
WHAT’S NEW IN ’22? Learn everything you need to know going into 2022.
WHO CAN PREDICT the future? Who would’ve thought that at the end of 2021, we would still be dealing with COVID19? Who would’ve thought that rental assistance would affect our eviction process? Who would’ve thought that rental assistance was necessary when every business needs employees? Who would’ve thought that the Texans would have a bad season? (Well, some things may actually be predictable!) It’s always helpful to prepare for the future. As we embark on 2022, let’s take a look at some legal issues that may affect your operations this year. Remote Judicial Proceedings In the 45th emergency order issued by the Supreme Court of Texas, the court continues the pattern and practice of authorizing courts to allow or require anyone involved in any hearing, deposition or any other proceeding of any kind to participate remotely, such as teleconferencing, video conferencing or other means. Although the court’s order expires February 1, 2022, the remote hearing option has been fairly well received by lawyers, their clients and, to a lesser extent, judges. Chances are remote proceedings will live past the pandemic. How can we plan for this? Before you go to an eviction proceeding, you’ll need to be prepared to know: (i) whether or not the proceeding is in person or remote; (ii) if it’s remote, that you are able to access the appropriate technology; (iii) how to present evidence and witnesses to the court; (iv) and that your witnesses are able to access the applicable technology. The Eviction Delays The Texas Rules of Civil Procedure provide that the trial in an eviction case must not be less than 10 days nor more than 21 days after the petition is filed. However, the 45th emerwww.haaonline.org
gency order reiterates what has been in emergency orders throughout the As we embark on 2022, let’s take a look at pandemic that courts may, without a some legal issues that may affect your participant’s consent, modify or susoperations this year. pend certain deadlines and procedures. The current emergency order the resident with a notice to vacate; and provides that a court may modify or suspend (ii) may not issue a notice to vacate until trial-related deadlines and procedures and after the expiration of the CARES Act moratodeadlines and procedures for pre-trial hearrium (which expired in July 2020). ings for a stated period ending no later than While many portions of the CARES Act March 1, 2022. have expired, unfortunately Section 4024 (c) The order states that Justice courts that does not have an expiration date. While arguhave not already done so should move swiftly ments can be made that this section should to return to regular pre-trial and trial prono longer apply, in 2022, both HUD and the ceedings as soon as reasonably feasible beFederal Housing Finance Agency (the agency fore March 1, 2022. What this seems to say that is involved with federally backed loans) with respect to the eviction process is that made announcements requiring a 30-day any eviction that is filed on or before March notice to vacate in nonpayment of rent cases. 1, 2022, should be tried no later than March Until Congress, the courts or an applicable 22, 2022 (21 days after March 1). federal agency act, the 30-day notice requireWhen will we get back to trial settings ment will not change. In other words, you within 21 days from the date the petition is may want to plan for this requirement exfiled? Many courts already comply with the tending beyond the pandemic. 21-day rule. However, courts that have not complied with this rule should be working to catch up and organize their dockets so that Rental Assistance any eviction filed on or before March 1, 2022 Various pieces of federal legislation from can be tried by March 22, 2022. the CARES Act to the American Rescue Plan Keep your fingers crossed! have authorized billions of dollars in rental assistance to be paid to apartment commu30-Day Notices to Vacate nities when residents cannot pay their rent. Probably the biggest concern apartment Millions of dollars have been distributed owners are continuing to have is the requirethrough the Texas Rent Relief Program and ment to give a 30-day notice to vacate in the Houston Harris County Program. Various nonpayment of rent cases if your property is other counties have programs that HAA subject to the CARES Act. members have taken advantage of, however, As you know, the CARES Act is federal legfunds are limited. The Texas Rent Relief Proislation that went into effect March 27, 2020. gram stopped taking new applications in NoSection 4024 (c) of the CARES Act provides vember. The Houston Harris County Program that the owner of a dwelling covered by the has also distributed or committed to distribCARES Act: ute its available funds. (i) may not require the resident to vacate In the 44th emergency order, the court the dwelling before the date that is 30 days continued with previous orders in requiring after the date on which the owner provides courts to ask owners whether they have a January 2022
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