Today is George Floyd Day

View fullsize

Today, June 9, 2020, as mourners gather in southwest Houston to remember George Floyd, Harris County Judge Lina Hidalgo plans to declare the day to be “George Floyd Day” in Harris County, Texas. Mr. Floyd’s death has sparked global protests and a renewed focus on civil rights. As the public law library for Harris County, we want to contribute to the conversation by assisting anyone who needs access to legal information. Knowledge is power and access to knowledge empowers. If we can help you find information or assist with your legal research, please visit our Virtual Reference Desk to contact us.

You can also find a wealth of information about civil rights and the law of protests from the following sources:

Civil Rights Law

• Sacramento County Public Law Library: Law 101 Civil Rights

• Law Library at University of Minnesota Law School: Resource Guide - Civil Rights in the United States

• Georgetown Law Library: A Brief History of Civil Rights in the United States

• Harvard Law School Library: Civil Rights Law Research

• Princeton University Library: African American Studies: Civil Rights

Law of Protests

• ACLU: Rights of Protestors

• ACLU-Texas: Free Speech and the Right to Protest

• FindLaw: Is there a right to peacefully protest?

• FindLaw: Protest Laws by State

Racial Justice

• Drake Law Library: Racial Justice in the U.S. Guide

• New York Law School: Racial Justice Project - Publications

More Tools for Tenants

As a follow-up to our post from May 20, 2020, “Evictions Are Once Again on the Docket,” we wanted to make sure that our readers were aware of two new tools to help residential tenants facing evictions. Lone Star Legal Aid has introduced its Texas Eviction HELP Project. Using an interview format, the tool provides information about the eviction process and includes links to trusted resources. To begin, just click on the big red button, “Start Eviction Interview.” No account is required to run the interview; just accept the terms and conditions, and you’re good to go. The step-by-step guide will help tenants with documentation and provide information about new laws that might give tenants extra protection. Just be sure to have any paperwork or eviction documents ready during the interview. Additional resources on the Lone Star Legal Aid website include: the LSLA CARES Tool to help tenants determine whether the property is subject to the CARES Act, educational blogs and videos covering a wide array of topics, and some helpful publications for further reading.

The second useful tool can be found on TexasLawHelp. TexasLawHelp has created a COVID-19 Eviction Answer Toolkit to help tenants respond to an eviction. The toolkit includes instructions for filling out the eviction answer form, which can be found on the website. There is also information about finding out whether the CARES Act protects tenants from eviction, answers to frequently asked questions about the Answer form itself, and helpful articles about evictions in general.

Immigrant Resources

Section 6428 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act provided for the disbursement of rebates or economic stimulus payments to eligible individuals with limitations based on adjusted gross income. Three types of eligible individuals were defined in section 6428(d), one of which was “any nonresident alien individual.” This provision has been interpreted to exclude families of eligible immigration status because individuals must file a qualifying income tax return using a valid social security number to receive the stimulus payments. This provision also excludes families of mixed-immigration status, even if one of the members is otherwise eligible. (Texas RioGrande Legal Aid has created a useful fact sheet explaining the eligibility of immigrant families for the economic stimulus payments). This denial of a government benefit has led to at least two lawsuits being filed on behalf of mixed immigration-status families. In Amador v. Mnuchin, the Mexican American Legal Defense and Educational Fund argues that it is unconstitutional for the federal government to deny benefits to a mixed-status married couple who jointly filed previous tax returns without two social security numbers. Similarly, John Doe v. Trump, McConnell, and Mnuchin, filed in the United States District Court for the Northern District of Illinois, Eastern Division, alleges that the CARES Act unconstitutionally excluded those married to non-citizen immigrants from receiving the benefit provided by the stimulus plan.

These recent events have caused us to wonder about the resources that exist for immigrant families, whether it’s related to the economic stimulus payments, unemployment benefits, rent or other economic assistance, healthcare, or the status of pending immigration cases. In this regard, we have compiled a list that we hope might help.

General Information

Houston Immigration Legal Services Collaborative - HILS has created a clearinghouse of immigration-related material, including information about legal assistance, disaster recovery resources, and recent changes to immigration policies and laws. Legal resources are arranged by subject, making it easy to locate the information users need. Its website also features a living document on COVID 19 resources for immigrant advocates.

AccessHOU - The AccessHOU Houston Social Services Database highlights resources for agencies working with immigrants in the Houston area. Categories of resources include: legal, health, education, housing, employment, financial assistance, and food.

Baker Ripley - Baker Ripley, a long-standing social service provider in the Houston community, has an immigration services hotline. Its website lists coronavirus resources as well as its current services. Unfortunately, all of the funds for its Rental Assistance Program have been committed already.

TexasLawHelp - TexasLawHelp, a project of the Texas Legal Services Center, has a webpage devoted to resources for immigrants during COVID-19. It features a collection of state and nationwide resources, as well as information about healthcare. Look for more immigration-related information using the Individual Rights link and then choose Immigration Laws & Rights.

Informed Immigrant - Informed Immigrant is a digital information center for undocumented immigrants. Its website features immigrant and service providers guides. It currently has a webpage highlighting resources for immigrants during the pandemic. Users can browse by state or look at its listing of nationwide resources.

Legal Aid and Legal Assistance Organizations

Immigrant Rights Hotline - Call 1-833-HOU-IMMI, Monday through Friday from 9:00 a.m.-5:00 p.m., to get information about immigration policies and for referrals to legal service providers.

St. Frances Cabrini Center for Immigrant Legal Assistance - Part of Catholic Charities of the Archdiocese of Galveston-Houston, the St. Frances Cabrini Center supports refugees and immigrants. It is currently serving clients by appointment through phone or email interaction.

YMCA International Services - YMCA International Services assists refugees, immigrants, and other vulnerable populations and provides legal services to immigrants too.

South Texas College of Law Houston Immigration Clinic - This law school clinic represents clients in a vast array of matters, including deportation defense. Contact the clinic for availability.

Kids in Need of Defense - KIND provides legal representation for unaccompanied and migrant children in addition to counseling, educational support, and medical care.

Tahirih Justice Center - Tahirih Justice Center provides legal services, training, and education to immigrant women and girls. The Houston office does not accept walk-ins, so call for for an intake.

Immigration-Related Case and Court Information

Houston Immigration Court - The website for the Houston Immigration Court has a link for self-help materials as well as information about court procedures. There is also a link to its Virtual Law Library.

U.S. Citizenship and Immigration Services - In addition to information and forms about citizenship and green cards, the website for the USCIS also has information relating to delays in Extension/Change of Status Filings as a result of COVID-19.

Executive Office for Immigration Review - EOIR is responsible for the adjudication of immigration cases. In its Action Center, you can find links for online filing, case information, and legal representation, including pro bono legal services providers.

Bankruptcy -- The New Normal?

At the beginning of May, the Administrative Office of the U.S. Courts announced that new bankruptcy filings decreased by 1.1 percent for the 12-month period ending March 31, 2020 as compared with last year. This decline in the number of new bankruptcy petitions is following a downward trend established in the period after the Great Recession when there were almost 1.6 million filings in the year ending September 2010. Unfortunately, that trend might be over, thanks to the coronavirus pandemic that has crippled the economy not only in the United States but also worldwide. The pandemic has affected all business sectors from local bars and restaurants to retail shops to local governments. Already, several major retailers have filed for bankruptcy including Stage Stores, Neiman Marcus, JC Penney, and Pier 1. Restaurant chains like Garden Fresh Restaurants and Steak ‘n Shake have opted to shut operations completely or close a number of their stores. Even car rental giant, Hertz, has recently filed for bankruptcy protection. Sadly, there are also a large number of small businesses have made the difficult decision and quietly closed their doors permanently.

Of course, not all bankruptcies result in the business shuttering its doors for good. Some companies use bankruptcy as a means to turn their business around by reorganizing or restructuring their finances to continue operating rather than liquidating all of their assets. The different types of bankruptcy cases can be found in Bankruptcy Code, codified in Title 11 of the United States Code. The Code provides for six main types: Chapter 7 (“Liquidation”), Chapter 9 (“Adjustment of Debts of a Municipality”), Chapter 11 (“Reorganization”), Chapter 12 (“Adjustment of Debts of a Family Farmer or Fisherman With Regular Annual Income”), Chapter 13 (“Adjustment of Debts of an Individual With Regular Income”), and Chapter 15 (“Ancillary and Other Cross-Border Cases”). Although individuals are able to file for bankruptcy on their own without the assistance of an attorney, they need to keep in mind that bankruptcy is a complicated and complex process. Nevertheless, there are plenty of good resources available that can help the self-represented litigant through the bankruptcy. Note that these resources are not substitutes for the advice of a lawyer, but they can offer some good information and guidance. Here area few:

The Basics of Bankruptcy

United States Courts - “Bankruptcy Basics”

TexasLawHelp - “Bankruptcy: An Overview”

FindLaw - “Bankruptcy Basics”

Nolo - “Bankruptcy Basics”

Bankruptcy Forms

United States District & Bankruptcy Court for Southern District of Texas

United States Bankruptcy Court for Northern District of Texas

United States Courts

Legal Aid

Lone Star Legal Aid

Legal Aid of NorthWest Texas

Texas RioGrande Legal Aid

As stay-at-home orders are lifted and businesses reopen, more people will venture out and patronize businesses that might have been closed for weeks or even months. The recovery from the pandemic may not be as quick as some want or need, but we have to continue to hope that bankruptcies and a sagging economy will not become the new normal.

Evictions Are Once Again on the Docket

Due to the coronavirus pandemic, the Supreme Court of Texas had issued its Fourth Emergency Order Regarding the COVID-19 State of Disaster, establishing a moratorium on any action for eviction to recover possession of residential property until April 19, 2020. The expiration date for this moratorium was subsequently extended by the Twelfth Emergency Order Regarding the COVID-19 State of Diasater to May 18, 2020. These orders allowed new filings to be submitted during the moratorium but halted the posting of any statutory notice of a writ of possession as well as any service of citation until May 25, 2020.

In addition to the Texas moratorium, renters had the further protection provided by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted by Congress on March 27, 2020. The CARES Act, and specifically Section 4024(b), prohibited landlords of certain “covered dwellings” from instituting eviction actions or charging fees or penalties for the nonpayment of rent. The protections afforded by the CARES Act extend 120 days from its date of enactment. During this 120-day period, landlords also are enjoined from issuing any notices to vacate. Under the statute, landlords are also required to provide tenants with 30 days during which to vacate the premises. However, the protections afforded by the CARES Act are only applicable to covered property. Section 4024(a)(2) defines “covered property” as any property that participates in a federal assistance program, such as public housing, Section-8 Project-Based Rental Assistance, and the Low Housing Income Tax Credit (LHITC) program or that is secured by a federally backed mortgage loan or federally backed multifamily mortgage loan, such as Fannie Mae and Freddie Mac, or that is insured by the Federal Housing Administration or the Department of Veterans Affairs. Of course, the difficulty involved with the CARES Act as it relates to renters involves whether the property which they are renting is a covered property under the Act. Unfortunately, renters might have no reason to know this as the property is owned by another party, and it might be difficult to determine or discover whether the property is covered. To aid in this regard, ProPublica, an independent, nonprofit newsroom, has published an interactive database to help renters find out if the federal moratorium would apply to them.

For those Texas renters whose property is not a covered one as defined in the CARES Act, eviction, unfortunately, could become a sad reality. With the Texas moratorium expiring on May 18, landlords are now free to move forward with eviction proceedings, including the issuance of service of process and the posting of writs of possession. Note that the onus is not necessarily on the tenant to determine whether the dwelling is a covered one under the CARES Act. Pursuant to the Fifteenth Emergency Order Regarding the COVID-19 State of Disaster, landlords are required to state in any sworn petitions or separate affidavit filed between March 27, 2020 and July 25, 2020, that “the premises are not subject to the moratorium on evictions imposed by Section 4024 of the CARES Act.” A sample of an affidavit containing the required language can be found on the website of the Harris County Justice Courts. Interested parties are directed to consult the websites of the individual justice courts for more information about filing and court proceedings.

For those tenants who require some assistance, there are some options available. There are some legal aid organizations in Harris County and the Houston area that might be able to help, most notably, Houston Volunteer Lawyers and Lone Star Legal Aid. Others around Texas include: Legal Aid of Northwest Texas, Texas Legal Services Center, and Texas RioGrande Legal Aid. There is also some useful information on TexasLawHelp.org concerning eviction and other landlord issues, including a page discussing Evictions During the COVID-19 Pandemic. See also a post written by the blog team here at the Harris County Law Library about some useful landlord/tenant resources.