23-year-old Houston nanny Madeline Lofland lived by herself in an apartment co-signed by her mother. As many others did at the beginning of the pandemic, she found herself out of work and used her savings to fully cover rent for five months. In the fall, however, her savings ran out and her unemployment expired. Paying her monthly rent of $936 was no longer feasible, and she began receiving notices to vacate. Ms. Lofland made a verbal payment arrangement with the office, which was set to start in January of the following year. The apartment complex filed for eviction before the first payment was due under the payment arrangement. At the time, the CDC’s order preventing eviction for non-payment of rent was still in effect, and her first initial hearing for eviction was postponed because she had provided her landlord with a declaration about her financial hardship.
Uncertain where to turn, Ms. Lofland asked her parents if they would be willing to take her in if she were evicted, and both refused. She knew that if the eviction moved forward, she would either have to live in her car or search for a women’s shelter. At the time, Covid-19 vaccinations were not yet available to all adults, and moving into a shared living situation scared her. Concerned by the lack of realistic possibilities, Ms. Lofland contacted Lone Star Legal Aid for help in court.
Jonna Treble, staff attorney in our Eviction Right to Counsel Initiative, represented Ms. Lofland in court. The opposing counsel contested Ms. Lofland’s CDC Declaration, stating that she failed to provide evidence she had applied for government rental assistance or housing. Treble informed the court that Ms. Lofland actively sought assistance and applied for help with Catholic Charities, the Texas Eviction Diversion Program, and Baker Ripley, but the complex refused to participate or enroll.
“I tried my best to make partial payments. I was paying my rent seven months after I lost my job. I’m constantly looking for a job. I miss having a job. I don’t know how other people are handling it on their own, because this situation is bigger than me. It’s bigger than anything I’ve ever had to deal with before,” said Lofland.
To be eligible for the CDC Order’s protection, a tenant must state that they would end up homeless or in a shared living situation, like a shelter, if they were to be evicted. Both the judge and the opposing counsel refused to accept that Ms. Lofland would be homeless if she were evicted. The judge questioned her about her parents’ dwellings and the size of their homes, concluding that if her parents had room, she would surely be taken in.
Treble argued for the CDC declaration, providing evidence on how Ms. Lofland is eligible for its protection. The judge remarked he didn’t care what the guidance said, referred to it as “wrong” and shut down any further objections by threatening to hold Treble in contempt of court. The judge ruled to evict Ms. Lofland despite the outstanding evidence and federal moratorium in her favor. Treble immediately filed an appeal in the hopes that another judge would be more sympathetic.
Regardless of the former federal order, there has been a significant disparity in how Harris County judges have handled eviction cases, putting certain tenants at a disadvantage if they aren’t made aware of their rights. In the case of Ms. Lofland, she was thoroughly shaken and traumatized by her hearing.
With the additional time provided by the legal appeal, Ms. Lofland worked with her lawyer and the lawyer for her apartment complex to obtain the full amount of back rent due from the Houston Harris County Emergency Rent Relief program. Ultimately, the eviction suit against her was dismissed, and she could move on without the eviction blemish on her credit or tenant screening record.
Lone Star Legal Aid is a 501(c)(3) nonprofit law firm focused on advocacy on behalf of low-income and underserved populations. Lone Star Legal Aid serves millions of people at 125% of federal poverty guidelines that reside in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties of southwest Arkansas. Lone Star Legal Aid focuses its resources on maintaining, enhancing, and protecting income and economic stability; preserving housing; improving outcomes for children; establishing and sustaining family safety and stability, health and well‐being; and assisting populations with special vulnerabilities, like those who have disabilities, or who are elderly, homeless, or have limited English language skills. To learn more about Lone Star Legal Aid, visit our website at http://www.lonestarlegal.org.
Media contact: media@lonestarlegal.org
