HomeMy WebLinkAboutEviction memo to Landlords 6-17-21
Date: June 17, 2021
To: Iowa City Landlords and Rental Property Managers
From: Kristin Watson, Human Rights Investigator
Re: Pretext as an Issue in Eviction
As many of us return to normalcy, others are struggling with the ripple effects of the
pandemic. The Pew Research Center recently found1 that roughly 9.6 million U.S.
workers lost their jobs during the first three quarters of 2020, with young adults and
women suffering more losses than older workers and men. Many of these workers have
not been able to fully pay their rent. The CDC’s moratorium on eviction for non-payment
expires June 30th, at which point thousands of renters in Iowa will remain delinquent in
rent payments.
Before evicting a tenant for non-payment, consider possible discriminatory implications.
Iowa Legal Aid has found eviction disproportionately affects women, people with
disabilities, and people of color. For example, despite constituting only 17% of Johnson
County's population,2 a stunning 67% of Legal Aid's current eviction clients in Johnson
County are people of color. Statewide, 71% of Legal Aid's eviction intakes between
2015 and 2020 involved women as the primary clients.3 All of Legal Aid's clients are in
precarious financial positions—one cannot earn more than 125% of the federal poverty
level to be eligible for Legal Aid's assistance.4 Therefore, landlords who rush to evict
may face discrimination complaints alleging pretext.
The legal meaning of pretext is the same as the common one: substituting an excuse
for a true motivation. While non-payment of rent may be the stated reason for an
eviction, a tenant may still file a discrimination complaint if they5 suspect the true reason
for the eviction is their race, sex, national origin, disability status, public assistance
source of income, or other protected class.
One area of particular concern is “public assistance source of income“ (PASI). On April
30, 2021, Governor Reymolds signed a new law6 prohibiting cities from requiring
landlords to accept qualified tenants with housing choice vouchers (HCVs), commonly
known as “Section 8.“ Cities which already have ordinances protecting renters with
HCVs, including Iowa City, may continue to enforce those ordinances until January 1,
2023. In addition, “public assistance source of income“ is much broader than HCVs; it
includes both income and “support“ derived from any tax-supported Federal, State, or
1https://www.pewresearch.org/fact-tank/2021/04/15/fewer-jobs-have-been-lost-in-the-eu-than-in-the-u-s-during-the-
covid-19-downturn/
2 https://www.census.gov/quickfacts/fact/table/johnsoncountyiowa/PST045219
3 The Office of Equity and Human Rights thanks Ericka Petersen, Assistant Litigation Director, for sharing Iowa Legal
Aid’s internal research.
4 https://www.iowalegalaid.org/resource/frequently-asked-questions-about-iowa-legal-aid
5 It is the policy of Equity and Human Rights to use “they, them, their” as singular, gender-neutral pronouns.
6 https://www.desmoinesregister.com/story/news/politics/2021/04/30/gov-kim-reynolds-signs-bill-letting-landlords-
reject-section-8-housing-hud-tenants/4748580001/
June 17, 2021
Page 2
local funds.7 This includes veteran's benefits, Social Security, supplemental security
income, food assistance, and many other types of relief.
PASI also includes “rent subsidy programs.“ COVID-related rent subsidy programs have
gotten a slow start in Iowa, but are now beginnning to generate funds. These programs
are covered under the Iowa City PASI ordinance. Many COVID-related relief programs
require landlord participation to complete paperwork. Refusal to complete the landlord's
portion of paperwork necessary to receive COVID relief funds could lead to a complaint
of discrimination.
This memorandum is meant to provide general guidance regarding this subject. If you
have questions regarding topics addressed in this memorandum or your rights and
responsibilities in general, please call the office at 319-356-5015 or 319-356-5022. For
specific legal questions, please consult your attorney.
The Office of Equity and Human Rights provides educational memos to landlords on
areas of discrimination to assist in providing good outcomes for both landlords and
tenants. Please send fair housing topics you would like to receive guidance on to
humanrights@iowa-city.org.
7 https://codelibrary.amlegal.com/codes/iowacityia/latest/iowacity_ia/0-0-0-543