Nashville created a path to prevent evictions after the ice storm — but few tenants are benefitting

Between multi-day power outages, damaged property and work interruptions, Winter Storm Fern was undeniably costly. And for some residents, the unexpected costs have impacted their ability to pay rent.

Evictions have been a concern ever since the storm hit. One way Nashville has tried to mitigate evictions is by creating a special court process to connect people with rental assistance.

Last month, Nashville’s General Sessions Court judges unanimously approved a “Winter Storm Housing Support Docket,” which is intended to help people apply for cash assistance and provide extra time to get money together for rent. But in its early going, housing advocates and some Metro leaders are questioning how well it’s working.

Court watch

This week, local organizers spent the morning outside the courthouse, connecting with tenants facing evictions. The group, Court Watch 615, encouraged tenants to try to get moved to the winter storm docket.

“Information is power,” said Melissa Cherry, with the group. “We found out that the first week that this court was operational that very few people took advantage of it, largely because people didn’t know it existed.”

On Tuesday, there were 139 people listed on the regular eviction docket. Next door, the winter storm court had only two.

One was Dawn, a military veteran who’s lived in Nashville for a decade. Her car battery died during the ice storm, and the cost of replacing it caused her to fall behind on rent.

She said she relies on Veterans Affairs and disability benefits to get by. Because she now owes rent for February and March, plus legal and late fees, she is in dire need of rental assistance to prevent an eviction.

“When I came out of the parking garage [at the courthouse] there were several people sleeping on the sidewalks and stuff,” she said. “And it scares me that that could be me. I don’t know. I don’t know what to do.”

She began at regular eviction court last week, and was transferred to Tuesday’s storm docket — which could prove to be a fast track to access assistance.

Slow process

But not everyone has been able to get on that track.

There are a few reasons: some tenants aren’t aware, while others don’t qualify (the docket is limited to people who fell behind on rent in February or March). And organizers worry that some landlords have been discouraging people from trying to access this help.

“We heard the people that worked for [one] firm we’re either not informing people of their right to this winter docket or deferring them from taking advantage of it,” Cherry said. “They advertise very money-driven tactics rather than human-centered practices.”

More: How the Eviction Right to Counsel program supports evictees

Metro Councilmember Erin Evans, who attended storm eviction court to check on the process, says there seems to be some reticence among landlords to accept rental assistance payments.

“I was hearing that there were some of our Metro processes that have made some landlords feel a little gun-shy about accepting assistance from the government because of how long our processes are,” Evans said. “After coming here today, probably my next rabbit hole is Metro Procurement and Finance. Is there any opportunity to make it run a little more smoothly?”

Nathan Lybarger, an attorney with Hall & Associates, represents landlords. He says some felt burned by similar aid programs during COVID.

“There’s a lot of weariness that some housing providers have,” Lybarger said. “You know, delays in getting into the courthouse, delays in having a case adjudicated, or, at least in some cases, money that was allocated or that was lined up to pay tenants’ rent that just never came through.”

However, on Tuesday, Lybarger was representing landlords in cases that had been moved to the special winter storm docket, and he was trying to coordinate rental assistance for Dawn.

“As long as that rent can be caught up and as long as those rents can stay paid, there’s not many of my clients that want to see anyone evicted or removed from their home,” Lybarger said. “It’s just a matter of making sure that those contracts and the law is respected while these agreements are in place.”

Like many renters, Dawn is largely going through the process alone. She doesn’t feel comfortable calling on her daughters for help.

“They don’t know anything because I’m afraid to tell them,” she said. “It makes me feel like I’m kind of a loser. And I don’t want them to have that picture.”

Dawn still has to come back to court. And like many others, there’s still uncertainty if Metro’s effort will be enough to keep a roof over head.