Month: July 2021

Action Alert: Protections for Motel Renters Threatened as Bill Advances in NC Senate

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The fight to protect our community’s most vulnerable renters continues. 

Thanks to your advocacy, a measure to take away tenants’ rights from motel renters was taken out of a regulatory reform bill in the N.C. General Assembly. But it has become a standalone bill moving forward in the N.C. Senate as HB 352 Hotel Safety Issues.

The bill is now before the Senate Judiciary Committee. If passed, HB 352 will drastically change the way people who live in motels are treated when it comes their rights as renters and significantly exacerbate the state’s affordable housing crisis. 

Contact our Senate Judiciary Committee Members and urge them to reject this legislation

A reminder of what’s in the legislation: 

The legitimate purpose of HB 352 is for the faster removal of criminal actors who reside at motels, an issue exposed after eviction moratoriums prevented motel owners from quickly removing residents during the COVID-19 pandemic. 

However, the legislation would also eliminate tenant protections recognized by the N.C. Court of Appeals in Baker v. Rushing, a case litigated by Charlotte Center for Legal Advocacy under its old name, Legal Services of Southern Piedmont. 

HB 352 would automatically re-classify all motel tenants as “transient guests” for the first three months of their leases regardless of their record of rental payments and good conduct. Doing so gives motel landlords unlimited power to punish and evict tenants who complain about living conditions such as rodent infestation, inoperable plumbing, HVAC issues, or noise.  

Thanks to our efforts 30 years ago, N.C. law recognizes that motel residents, who are not tourists with a regular home elsewhere, have the same rights as tenants in conventional homes and apartments.  

Those rights include a habitable dwelling with working plumbing, heat, and wiring along with the due process of a fair trial in cases of eviction. 

Why it’s a problem: 

Thousands of N.C. families rely on motels as the housing of last resort to avoid homelessness, especially in Charlotte, where there is an extreme shortage of affordable housing. 

The pandemic has forced more families into this situation as people lost their jobs and could no longer afford traditional housing. 

HB 352 would enable motel owners to evict already struggling residents, including children, and leave them with little to no chance of finding safe housing elsewhere. 

For those with an eviction on their record, getting approved to rent an affordable place to live is extremely difficult. 

HB 352 would needlessly increase our homeless population and strain public resources. In the event of another public health crisis, these residents will not be protected by measures implemented to ensure safe shelter just because they do not have conventional housing. 

Further, the legitimate issue this bill is targeting can be handled through education on current N.C. law, which already protects landlords by permitting expedited evictions through the court system for criminal actors. 

This legislation will further drive our state into crisis when it comes access to affordable housing. 

As an advocate for low-income people, Charlotte Center for Legal Advocacy urges our representatives to reject this legislation and protect tenants’ rights for all North Carolinians. 

What you can do 

Contact members of the Senate Judiciary Committee and HB 352 sponsors. Tell them long-term motel residents have the same rights as traditional tenants and this harmful legislation should not become law.  

HB 352’s sponsors are: 
Rep. John R. Bradford, III 
Rep. Timothy D. Moffitt 
Rep. William O. Richardson 
Rep. Jerry Carter 
Rep. Chris Humphrey 
Rep. Frank Iler 
Rep. Jake Johnson 
Rep. Jeffrey C. McNeely 
Rep. Phil Shepard 
Rep. John Szoka 
Rep. Michael H. Wray 

Beware of COVID-19 Foreclosure Rescue and Forbearance Assistance Scams

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By Niayai Lavien

Many homeowners are facing increased financial hardships due to unemployment and COVID-19.  Scammers are taking advantage of the current economic fallout of the pandemic and employing elaborate scams to trick homeowners out of their properties. Older adults and the economically disadvantaged are more likely to be targets of these abusive practices.  

The CDC’s federal eviction and foreclosure moratorium ends on July 31, 2021. The moratorium allows individuals and families living in federally financed properties to stay in their homes throughout the entirety of the COVID-19 pandemic. It also allows families to receive financial assistance to stay current on their rent and mortgage payments.  

With the moratorium ending, consumers, especially homeowners, should know their options and learn how to prevent themselves from being scammed. 

A foreclosure rescue scam is when a scammer tricks a homeowner into signing away ownership of their home for dramatically less than its current worth. Scammers often target homeowners who are in the middle of foreclosure by promising that they can stop a foreclosure from happening while  hiding the fact that the homeowner is signing over title to the property.  

Scammers search public records to prey on homeowners who are in danger of foreclosure through failure to pay property taxes, mortgage or  homeowners association dues. They also look for older homeowners who have paid off their mortgage, but have trouble with the financial upkeep of their home.  

Common abusive practices include: 

  • Aggressive solicitation via phone, text message, mail and door hangers 
  • Downplaying the value of the home 
  • Pressure to sign a document or contract without the presence of a Realtor or attorney  

Whatever the particular factors surrounding a homeowner’s situation, the scammer’s goal is to steal the home’s dollar while a person is in a high pressure situation.  

Do’s and Don’ts of Foreclosure Scams:  

Don’t → Fall for unsolicited offers to buy your home or help you sell your home without any cost.  

Don’t →  Make a decision regarding your home without getting a second opinion.  

Don’t → Be pressured into signing any papers until you’ve talked with an attorney. 

Do → Consult with a HUD approved counseling agency to talk about your options. 

Do →  Be wary of out-of-state law firms, organizations and groups offering to provide assistance. 

Do → Contact Charlotte Center for Legal Advocacy’s Consumer Protection Team for assistance at 704-376-1600. 

All About Appeals

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Need to enroll in a health insurance policy or update the one you have?

Open Enrollment for the Health Insurance Marketplace (Healthcare.gov) is Nov. 1, 2021, to Jan. 15, 2022.

GET COVERED

As a consumer on the Health Insurance Marketplace (Healthcare.gov), you have the right to appeal decisions that are not in your favor. There are two types of appeals. The first is an appeal of a Marketplace decision (generally a decision on your eligibility to purchase a plan on Healthcare.gov). The second is an appeal of an insurance company’s decision (usually a decision of whether the company will cover a particular drug or surgery).

Appealing a Health Insurance Marketplace (Healthcare.gov) decision

You have the right to appeal any of the following decisions:

  • Denial of Advanced Payments of the Premium Tax Credit (APTCs) or Cost Sharing Reductions (CSRs)
  • Amount of APTCs or CSRs
  • Adjustment in APTCs or CSRs at end of 90-day inconsistency period
  • Denial of eligibility to enroll in Marketplace coverage
  • Denial of a special enrollment period
  • Termination of Marketplace coverage
  • Denial of coverage exemption
  • Denial of eligibility for Medicaid/CHIP

Important note about eligibility appeals: If the Marketplace says that you are ineligible to buy a plan on Healthcare.gov, you have 90 days to appeal. Learn more about filing an eligibility appeal here.

Fill out appeal forms online here. If you want a family member or another person to represent you in your appeal, find out how to appoint an authorized representative here. After you have submitted your appeal, you can check on the status of your appeal by calling the Marketplace Appeals Hotline (855-231-1751).

How we can help: A Health Insurance Navigator can help you gather information to file your appeal, and our staff can represent you in your appeal at no cost. 

Appealing a health insurance company decision

If your health insurance company refuses to pay for a procedure or a medication, you have the right to appeal. Your health insurance company is required to let you know why they denied coverage, and they must provide you with information on how to appeal.

There are two types of insurance company appeals: Internal appeals and external reviews.

Internal appeals are reviewed by the health insurance company itself. You can file a request for coverage (also known as a claim) either before or after receiving medical attention. If your health insurance company denies coverage of your claim, you must file your appeal within six months of receiving notice that your claim was denied. Follow the instructions that the insurance company includes with their denial. Click here for more information on internal appeals. 

External reviews are the last option to appeal an insurance company’s denial (outside of the legal system), and they are processed by the North Carolina Department of Insurance. External reviews in NC are free. You can reach the Department of Insurance at 855-408-1212, or you can visit their website to request an external review. Click here for more information on external reviews.

Health Insurance Navigators can help you appeal a health insurance company decision and navigate the appeal process with the NC Department of Insurance. 

To get free help from a Charlotte Center for Legal Advocacy Health Insurance Navigator, call 980-256-3782. You can also book an appointment by visiting ncnavigator.net.

Learn more about how to get covered, or call 980-256-3782 to reach a Health Insurance Navigator for free assistance. You can leave a message with a quick question or schedule a longer phone appointment.

Charlotte Center For Legal Advocacy Hosts U.S. Department of Health and Human Services Secretary Becerra

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Charlotte, NC – Today, the U.S. Department of Health and Human Services Secretary Xavier Becerra and U.S. Rep. Alma Adams visited Charlotte Center For Legal Advocacy and Legal Aid of North Carolina. They conducted a roundtable discussion on local and national health care with representatives of NC Navigator Consortium and other leading figures in the Charlotte community.

The director of NC Navigator Consortium, Mark Van Arnam, answering one of Secretary Becerra’s questions. 

Secretary Becerra and Rep. Adams thanked Charlotte Center For Legal Advocacy and the representatives of NC Navigator Consortium for the results they have achieved getting those in need connected to COVID-19 vaccinations and affordable health care coverage. Secretary Becerra mentioned that President Biden’s new American Families Plan is an important building block of the Affordable Care Act. Secretary Becerra and Rep. Adams made it clear their top priority is increasing vaccination rates and promised to meet the people where they are in order to make it happen.

Secretary Becerra and U.S. Rep Alma Adams taking a tour of Charlotte Center for Legal Advocacy with health insurance navigator Natalie Marles.
Secretary Becerra and U.S. Rep Alma Adams discussing the importance of increasing vaccination rates with the media. 

Anyone in need of health insurance coverage is encouraged to learn more about how to “get covered” on the Charlotte Center For Legal Advocacy website. Due to the COVID-19 Pandemic, the Biden administration has announced a Special Open Enrollment Period that will remain open until August 15, 2021. First-time consumers or individuals who have lost their health coverage can enroll in a plan during this time, and existing consumers can switch plans. NC Navigator Consortium Health Insurance Navigators are standing by to help.

Charlotte Center For Legal Advocacy can provide those in need with information, advice and advocacy in consumer protection, home preservation, health care access and public benefits, immigration, tax assistance and more. Our mission is to pursue justice for those in need. Our vision is to build a just community, where all people are treated fairly and have access to legal representation to meet their basic human needs of safety, economic security and stability.

New Healthcare.gov Subsidies Available For Those Approved For Unemployment

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This blog content applies to health care coverage for 2021 and 2022.

Open Enrollment for the Health Insurance Marketplace (Healthcare.gov) is Nov. 1, 2022, to Jan. 15, 2023.

GET COVERED

Starting July 1, 2021, individuals may be eligible for additional savings and lower costs on their 2021 Healthcare.gov (Health Insurance Marketplace) plan if they received, or were determined eligible to receive, unemployment compensation in 2021.  

What does this mean for you?  

If you or your spouse received unemployment income for at least one week in 2021, your whole household may be eligible for a higher tax credit that may cover your monthly premium in full, regardless of your household’s income. In addition, you may be eligible for higher cost-sharing reductions to lower your deductible, copays and out of pocket costs if you select, or currently have, a Silver plan on Healthcare.gov. (See the difference between Bronze, Silver, Gold and Platinum plans in our Basic Health Insurance Terms blog post.)

What do I need to do?  

If you are currently enrolled in a Healthcare.gov plan, and you or your spouse received at least one week of unemployment compensation in 2021, you must report a change on your Healthcare.gov application and add unemployment compensation as part of your income. Even if you already reported that you received (or are receiving) unemployment, you will need to update your application to get these enhanced benefits. You can reselect your current plan or change plans if you want to.  

If you are not enrolled in a Healthcare.gov plan, you can apply to see if you qualify for these enhanced subsidies under the Special Open Enrollment Period open now through Aug. 15, 2021. (If you complete an application and select a plan before July 31, 2021, your plan will start on Aug. 1, 2021.) See the Get Covered section of our website to learn more and book an appointment with a Health Insurance Navigator.  

If I only received one week of unemployment and I have no income now, would I still qualify?  

Yes! You may be eligible to receive enhanced benefits even if you have no income at the moment and your unemployment compensation already expired.  

Learn more about how to get covered on Healthcare.gov, or call 980-256-3782 to reach a Health Insurance Navigator for free assistance. You can leave a message with a quick question or schedule a longer phone appointment.