Austin American-Statesman: Paxton: Local officials don’t have the power to halt evictions in pandemic

Casting doubt upon efforts in Austin, Travis County and elsewhere to protect renters during the coronavirus pandemic, Texas Attorney General Ken Paxton on Friday said state eviction laws cannot be suspended by local government officials.

Paxton's written opinion, sought by a Republican member of the Texas Senate, said city and county disaster declarations do not give local officials the authority to suspend provisions of the Property Code, which establishes state law on evictions.

Only the governor can suspend state laws during times of emergency, Paxton wrote.

Two weeks ago, Austin Mayor Steve Adler extended a moratorium on evictions for city residents who fall behind on rent to help ensure that their housing needs are met during the pandemic and the resulting spike in unemployment.

The Austin moratorium, begun March 26, was extended until Sept. 30 to give residents extra time to pay owed rent. It did not forgive housing-related debts but was intended to help stabilize the economy and lower the chances of spreading COVID-19, the disease caused by the coronavirus.

Travis County Judge Sam Biscoe also extended a similar county order until Sept. 30.

Adler said his order, and a pandemic-inspired city ordinance that gives renters at least 60 days' notice before eviction proceedings can begin, remained legal because they did not amend state eviction procedures.

"Instead, these actions, which are lawful, address the occupancy of premises within the city to reduce person-to-person contact to slow the spread of COVID-19," he said.

In late June, state Sen. Brandon Creighton, R-Conroe, asked for Paxton's opinion on whether local officials could prohibit, delay or restrict evictions.

In his response, Paxton said local governments did not have the power "to independently rewrite state law" on eviction matters. He likened such orders to an attempt "to rewrite broadly applicable state law governing eviction procedures and replace them with a patchwork of local orders that are inconsistent across the state."

Attorney general opinions are not binding but considered legally persuasive, perhaps providing fodder for landlords interested in filing a legal challenge to local eviction moratoriums.

"The county attorney's office is in the process of reviewing the attorney general's nonbinding opinion," Travis County spokesman Hector Nieto said.

U.S. Rep. Lloyd Doggett, D-Austin, said Paxton's opinion "only adds to the uncertainty that threatens so many of our neighbors," particularly after recent Paxton guidance that said local health officials can't force schools to shut down to prevent the spread of the coronavirus.

"Having already limited local leaders who rely on medical science to protect public health and safe schools, Paxton now rules they cannot assist pandemic victims to keep a roof over their heads," Doggett said.

Paxton's opinion did not address the authority of the Texas Supreme Court, which halted evictions for two months beginning in mid-March, earning praise from Gov. Greg Abbott for offering a lifeline to Texans feeling the effect of business closings and other efforts to limit the spread of COVID-19.

The state's highest civil court lifted the eviction protections May 26, saying its nine Republican justices would monitor the situation and revisit the matter if needed.