‘We are going to see some evictions.’ Kansas ban shielding tenants, homeowners expires

As Kansas locked down to fight the coronavirus and tens of thousands of residents lost their jobs, they could still take comfort in a state-imposed pause on evictions and foreclosures tied to the pandemic.

No longer.

Last week, Gov. Laura Kelly allowed an executive order that had shielded renters and homeowners since March to expire. The governor didn’t publicly announce the change, but the order wasn’t included in a list of directives re-issued in recent days. Her office confirmed the expiration on Monday.

The decision leaves an untold number of Kansans again vulnerable to being forced out of their apartments or houses even as unemployment remains at staggering levels and the coronavirus continues to spread.

Renters’ advocates on Monday – the first of the month, when rent is due for many – warned that unemployment benefits and one-time federal stimulus checks won’t be enough to keep people in their homes.

“We are going to see some evictions,” said Brandon Irwin, an organizer with the housing reform coalition Rent Zero Kansas. “And of course the thing that is particularly distressing and in many ways evil about that, is that despite some communities reopening and relaxing social distancing … there’s still people at really high risk.”

But landlords and apartment owners said evictions are likely weeks away and emphasized that they’re willing to work with tenants who have fallen behind.

Cathy Payne, who owns several rental properties in Wichita, said 40 percent of her renters struggled but have caught up on payments. No evictions are planned, she said.

“Some even borrowing from family to pay,” she said. “The stimulus check helped them, too.”

Still, lives are on the line, Irwin said, adding that forcing people onto the street is “a public health crisis on top of another public health crisis in the making.” He said advocates were watching district court filings Monday to see how many eviction proceedings are initiated.

“They were getting their paperwork ready in April to file evictions and as soon as the moratorium is lifted they’re going to file them,” Irwin said of landlords.

Nearly 8,600 evictions were conducted in Kansas in 2016, the latest year for which data is available, according to Eviction Lab at Princeton University. The figure represents an eviction rate of 2.3 percent.

Kelly announced an executive order in mid-March prohibiting financial institutions from starting any foreclosure or eviction proceedings on residential or commercial property because of non-payment due to COVID-19. The governor re-issued the order at the end of April.

But after the May 26 expiration of a statewide disaster declaration giving Kelly broad authority during the crisis, she didn’t re-sign the order when she issued a new disaster declaration. In addition to dropping the eviction and foreclosure ban, the governor also abandoned limits on mass gatherings and restrictions on businesses after outcry from Republicans.

On Monday, the governor’s office said improvements in the state’s handling of unemployment claims led Kelly to allow evictions and foreclosures to proceed.

When the pandemic took hold in March, the Kansas Department of Labor’s antiquated computer systems and small staff were quickly overwhelmed by a wave of calls and online applications. On some days, calls exceeded a million.

The backlog that developed left some Kansans unable to obtain benefits – a lifeline for residents suddenly losing their income — or get through to a real person at the agency for weeks. Recently the agency’s performance has improved and large-scale bank transfers have allowed officials to dramatically reduce the number of unprocessed claims.

“As a result, the Governor felt comfortable lifting this order at this time and she will continue to monitor the situation over the coming weeks and months,” Kelly spokeswoman Lauren Fitzgerald said in a statement.

Advocates contend the moratorium, while welcome, was flawed because it was limited to people who couldn’t pay because of the pandemic and provided no protection after the pandemic ends, regardless of the rate of unemployment.

Instead, Rent Zero Kansas wants the state to cancel rent and mortgage payments during the emergency and recovery.

Landlords and apartment owners caution that no evictions are likely to take place for weeks.

Kevin Kimmel, a Wichita landlord of 47 years, said the pandemic had slowed down the judicial system and led to a backlog of cases. He estimated landlords probably will have to wait until July for evictions hearings to be scheduled.

He said landlords aren’t eager to evict tenants, saying delays in state unemployment benefits and federal stimulus payments have been one of the biggest problems during the crisis.

“We’ll go the extra mile for people who have a legitimate financial need who haven’t gotten anything,” Kimmel said. “It’s really a shame to think that we are as technologically advanced a society as we are and some people get hung out to dry. I’m hoping that anybody that’s behind can get some money in and can make a go of their place.

Ryan Farrel, Apartment Association of Greater Wichita executive, said he anticipates an increase in evictions as courts wade through a backlog of cases. But he said doesn’t expect many more than in a normal year and predicted most of the first cases that move through the courts will relate to rule violations rather than non-payment.

“Surprisingly, a lot of managers I talk to, a lot of them are at max occupancy,” he said. “Things sound really good out there. I mean, we were all really nervous but I’m still waiting to hear a lot of the bad from this.”

Most tenants got the money to pay their rent from augmented unemployment and/or stimulus payments, he said, adding that receipts are down only slightly from 2019.

The Eagle’s Carrie Rengers contributed reporting

This story was originally published June 1, 2020 at 4:54 PM.