HomeMy WebLinkAboutEmergency Order No. 21-003 - Eviction Diversion Program Under the Emergency Rental Assistance (EAR) ProgramEMERGENCY ORDER NO. 21-003
AN EMERGENCY ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR REGARDING
THE EVICTION DIVERSION PROGRAM UNDER THE EMERGENCY RENTAL ASSISTANCE
PROGRAM
WHEREAS, the St. Lucie County Administrator has made the following determinations:
1. The Novel Coronavirus Disease 2019 ("COVID-19") is a severe acute respiratory illness
that can spread among humans through respiratory transmission and presents with symptoms similar
to those of influence; and
2. On January 30, 2020, the World Health Organization declared COVID-19 a Public
Health Emergency of International Concern; and
3. On March 9, 2020, the Governor of the State of Florida issued Executive Order
Number 20-52 declaring that a state of emergency exists in the State of Florida as a result of the
spread of COVID-19 and the imminent threat to the health and welfare of the citizens of Florida; and
4. On March 17, 2020, the St. Lucie County Public Safety Director declared a State of
Local Emergency COVID-19 Public Health Emergency (the "St. Lucie County Declaration of
Emergency"); and
and
5. The findings in the St. Lucie County Declaration of Emergency are incorporated herein;
6. On March 25, 2020, the President of the United States declared that a major disaster
exists in the State of Florida as a result of COVID-19; and
7. On December 27, 2020, the United States Government enacted the Emergency Rental
Assistance ("ERA") program, section 501(a) of Division N of the Consolidated Appropriations Act,
2021, Pub. L. No. 116-260 (Dec. 27, 2020) ("Section 501"), under which $25 billion was made available
to States, U.S. Territories, eligible local governments, and Indian tribes to provide assistance to
eligible households through existing or newly created rental assistance programs; and
8. The County has received $3,818,274.90 Airectly from the U.S. Department of the
MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
1 FILE # 4815969 02/09/2021 08:54:06 AM
OR BOOK 4552 PAGE 1212 - 1215 Doc Type: ORD
RECORDING: $35.50
Treasury ("Treasury") under the ERA program pursuant to an ERA Agreement executed January 8,
2021, a copy of which is attached hereto as Exhibit A; and
9. The County seeks assistance in the administration of a rental assistance program in
accordance with Section 501 and Treasury's guidance to distribute its funding allocation to eligible
households; and
10. Treasure Coast Homeless Services Council, Inc. ("TCHSC") has previously administered
an eviction diversion program for the County that coincides with the purpose of the ERA program;
and
11. TCHSC's eviction diversion program was previously administered in partnership with
the 19th Judicial Circuit Court utilizing CARES funding under an agreement with St. Lucie County. The
eviction Diversion Program was originally started to assist households impacted by the COVID-19
Pandemic. Once an eviction case has been filed through the Clerk of Court, the Judge reviews the
complaint. If the Judge deems that the tenant has fallen behind on rent due to financial hardship,
the case is referred to TCHSC for resolution, TCHSC staff work with the landlord and the tenant to
negotiate an agreement that will bring the tenant's rent current. Upon receipt of funds and
agreement from the landlord, the landlord shall file a "Voluntary Dismissal" with the Clerk of Court
and agreement not to file another eviction for 60 days from receipt of funds; and
12. TCHSC is willing to implement its eviction diversion program in accordance with the
requirements of Section 501 to provide financial assistance and housing stability services to eligible
households using the County's ERA program allocation; and
13. The County proposes to contract with TCHSC to administer $1,000,000.00 of the
County's allocation from Treasury under the ERA program to provide financial assistance and housing
stability services to eligible households through the County's Eviction Diversion Program; and
14. By statute, the funds for the Emergency Rental Assistance Program remain available
only through December 31, 2021; and
15. Since the City of Fort Pierce and the Town of St. Lucie Village did not qualify for
funding (based on population), County staff will be recommending that its ERA Program allocation be
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made available through the program administered by TCHSC for financial assistance and housing
stability services not only to residents of unincorporated St. Lucie County, but also to residents of the
City of Fort Pierce and St. Lucie Village; and
16. The TCHSC is the sole provider of these eviction diversion services in St. Lucie County;
and
17. Pursuant to the County's ERA Agreement with Treasury, funds may be used to cover
direct administrative expenses. Further, the sum of administrative expenses and housing stability
services may not exceed 10% of the total award ($381,827.49); and
18. County staff recommends using an amount not to exceed $75,000.00 to compensate
TCHSC for administrative fees.
19. In order for the Eviction Diversion Program to provide meaningful assistance, it is
necessary for it to commence as soon as possible. The County has determined emergency and
exigent circumstances exist requiring immediate action. While temporary eviction moratoriums
delay evictions, they do not address mounting debts that tenants will face once the moratoriums
expire. For these tenants, large rental arrears accumulate with no way to pay as many of them have
experienced a loss or reduction of income due to the COVID-19 pandemic. Additionally, while an
eviction moratorium is a great benefit to a tenant, it creates financial hardship for landlords. Without
immediate financial assistance, both tenants and landlords face serious financial harm. In addition,
tenants with significant rental or utility arrears face the possibility of living in subpar conditions
(without electricity, water, or other essential services) or losing access to stable housing. These
circumstances threaten the public health and safety by creating an environment conducive to
homelessness. Urgent action is necessary to alleviate this threat; and
20. Paragraph 2 of the St. Lucie County Declaration of Emergency provides that the
County Administrator may take all actions necessary and appropriate to protect human life and
prosperity, to the extent necessary to accommodate the emergency.
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NOW, THEREFORE, BE IT ORDERED AS FOLLOWS:
1. The determinations, orders, and declarations identified above are incorporated
herein.
2. 1 hereby direct the Community Services Director to agenda an agreement with TCHSC
as reviewed and approved by the County Attorney to continue to administer an
Eviction Diversion Program in St. Lucie County.
3. This Order, as set out above, shall be placed on the agenda of the next meeting of the
Board of County Commissioners for purposes of review and ratification.
Severability.
Any provision(s) within this Order that conflict(s) with any State or Federal law or
constitutional provision, or conflict(s) with or are superseded by a current or subsequently issued
Executive Order of the Governor or the President of the United States, shall be deemed inapplicable
and deemed to be severed from this Order, with the remainder of the Order remaining intact and in
full force and effect.
This Order is effective as of 5:00 p.m. on Vt day of February 2021. This Order will expire upon
the expiration of the existing State of Local Emergency, as same may be extended by subsequent
order or declaration, unless earlier terminated by subsequent Order.
Prior resolutions and emergency orders remain in force and effect unless modified or
superseded.
This Order shall be filed in the Office of the Clerk of the Circuit Court.
Signed this day of
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February, 2021 at +3d (a.m.) e