Supreme Court

TEXAS SUPREME COURT advisory

Contact: Osler McCarthy
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EMERGENCY ORDER OUTLINES NEW EVICTION DIVERSION PROGRAM

In an emergency order posted Friday, the Texas Supreme Court has established new procedures for tenants and landlords under a statewide housing-assistance program intended to avoid evictions for tenants behind on rent.

The Texas Eviction Diversion Program is supported by Gov. Greg Abbott's commitment of $171 million in federal money for landlords to provide an eviction alternative. Eligibility for rental assistance under the program will be administered by the Texas Department of Housing and Community Affairs.

The order, the 27th the Court has issued during the coronavirus pandemic, allows that an eviction proceeding may be abated by agreement for 60 days. Courts will provide tenants with information about the program and court records for participants will be confidential while eviction cases are delayed.

The order also outlines procedure for reinstating evictions. Without such reinstatement, eviction cases will be subject to dismissal.

The order, which ends December 18, is effective October 12 for “pilot” counties established by the Office of Court Administration and November 9 for all other Texas counties.