The CARES Act Should Include SSI and VA Benefits Recipients

The Law Foundation of Silicon Valley needs your help to ensure that low-income elders, veterans, and people with disabilities benefit from the financial assistance promised by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. 

As part of the CARES Act, eligible persons will receive a cash payment of up to $1,200 ($2,400 for those married filing jointly) called a Recovery Rebate. The CARES Act instructs the Treasury to issue Recovery Rebates based on a person’s 2018 or 2019 income tax filing. SSI disability benefits, VA Disability Compensation, and Veterans’ Pension benefits are not taxable. As a result, despite being eligible, people who receive these benefits will not be automatically issued the rebate.

They need additional action by Treasury, SSA, and the VA, to ensure that they will not need to file tax returns to access their Recovery Rebates.

HOW YOU CAN HELP:

• People should call the Capitol Switchboard at (202) 224-3121 and ask for your member of Congress, or lookup their congressperson here, and contact them using the information provided on their website.

• When you’re connected:

  • Ask them to sign the letter by Rep DeFazio demanding that SSI and Veteran’s benefits recipients get direct payments of the CARES Act stimulus payments.

If you prefer to write to your congressperson, you can use this sample language:

“I am writing to ask you to sign onto Representative DeFazio’s letter demanding that direct payments of SSI, VA Disability Compensation and Veterans’ Pension benefits get direct payments of the CARES Act stimulus payments.

As part of the CARES Act, eligible persons will receive a cash payment of up to $1,200 ($2,400 for those married filing jointly) called a Recovery Rebate. The CARES Act instructs the Treasury to issue Recovery Rebates based on a person’s 2018 or 2019 income tax filing. SSI disability benefits, VA Disability Compensation, and Veterans’ Pension benefits are not taxable. As a result, despite being eligible, people who receive these benefits will not be automatically issued the rebate. They need additional action by Treasury, SSA, and the VA, to ensure that they will not need to file tax returns to access their Recovery Rebates.

Forcing millions of low-income senior citizens and people with disabilities, many of them veterans, to file tax returns when they are not otherwise required to do so will delay access their recovery rebates and place a huge burden on the providers of disability and low-income tax preparation services. For many, this requirement would pose an insurmountable barrier to accessing this relief.  Individuals with disabilities who are medically vulnerable may decide that seeking outside assistance to file taxes is not worth risking exposure to the corona virus.  Many people in our community who receive SSI do not have access to the internet or know how to use it.  This is particularly true now that our libraries are closed.  Those who are unhoused might not have the ability to collect their mail at this time and may not know about the need to file taxes.  Individuals with disabilities who are medically vulnerable may decide that seeking outside assistance to file taxes is not worth risking exposure to the coronavirus.  Without additional action from the Treasury, SSA and the VA to eliminate people on SSI and VA benefits from having to file taxes, millions of older adults and people with disabilities may not receive the recovery rebates they are legally entitled to and will be unable to use it to meet important needs and stimulate the local and national economies.  Please sign onto Rep. DeFazio’s letter to ensure that the CARES Act benefits the most vulnerable members of our community as it was intended to do.”

Law Foundation Applauds Santa Clara County Board of Supervisors for Enacting Emergency Eviction Freeze

NEWS RELEASE

FOR IMMEDIATE RELEASE

March 24, 2020

CONTACT: communications@lawfoundation.org

Law Foundation Applauds Santa Clara County Board of Supervisors for Enacting Emergency Eviction Freeze

SAN JOSE, CA — The Law Foundation of Silicon Valley today applauded the Santa Clara County Board of Supervisors for unanimously enacting an emergency eviction moratorium to protect tenants impacted by the COVID-19 pandemic. The Law Foundation, along with other community partners, advocated directly with the Santa Clara County Board of Supervisors for an ordinance that would cover the entire county.

“This is a lifeboat for tenants, and we applaud the Santa Clara County Board of Supervisors, especially Supervisors Cindy Chavez and Joe Simitian, who have stepped up for their community members,” said Nadia Aziz, directing attorney for the Law Foundation’s housing program. “During the COVID-19 pandemic and the ensuing economic disruption, these critical policies are needed to keep people housed, prevent foreclosures, and keep small businesses’ doors open.”

As this unprecedented public health crisis continues to unfold, health concerns and shelter-in-place orders will leave thousands of people in our region without employment. Without the protection against eviction that this moratorium provides, many of these people would have been forced into homelessness if they could not afford to pay their rent. Likewise, many small businesses are currently shuttered, and without income many would have been evicted from their commercial spaces.

The ordinance approved today, March 24, 2020, takes effect immediately until May 31, 2020 and:

1. Applies to every residential and small business tenant in Santa Clara County (including within city boundaries).

2. Prohibits nonpayment of rent and no-fault evictions for eligible tenants.

3. Requires tenants to provide documentation to their landlords of lost income or out-of-pocket medical expenses related to the COVID-19 emergency.

4. Gives tenants 120 days following the emergency to pay back rent unpaid during the emergency.

5. Prohibits landlords from charging late fees for unpaid rent during the emergency and 120 days after.

This new protection is particularly needed for low-income people and communities of color – who are less likely to be able to work from home and who rely on every paycheck to make it through the month.

“This moratorium protects our neighbors when they are most in need of support and will help ease their burden during these trying times,” said staff attorney Michael Trujillo. “As our community continues to grapple with this global pandemic, the Law Foundation of Silicon Valley will continue to advocate for tenants and other underrepresented communities who are facing the worst of this crisis.”

If a tenant lives in Santa Clara County and receives any kind of eviction notice during the COVID-19 emergency, they can call the Law Foundation’s Housing Program at 408-280-2424 for more information about their rights. 

NEWS: Law Foundation Calls For Santa Clara County to Enact Emergency Anti-Eviction Policy

NEWS RELEASE

FOR IMMEDIATE RELEASE

March 17, 2020

Contact: Communications@lawfoundation.org

Law Foundation Calls For Santa Clara County to Enact Emergency Anti-Eviction Policy

SAN JOSE, CA — The Law Foundation of Silicon Valley today is calling for Santa Clara County and all cities in the Silicon Valley region to enact an emergency anti-eviction policy.

“Our friends, families, and neighbors cannot focus on maintaining good health if they are worried about losing their home,” said Alison Brunner, CEO of the Law Foundation. “Now is the time for all of us to step up for our community members rather than turn our backs on them. Cities must act now to enact eviction prevention measures.”

The Law Foundation is continuing to offer free legal services for those living in Silicon Valley and is focused on mitigating the negative impacts felt by low-income communities during the coronavirus outbreak. In addition, the Law Foundation:

• Continues to call on Gov. Newsom to enact a statewide ban on evictions. 

• Has advocated for strengthening San Jose’s eviction moratorium.

• Has sample written eviction moratorium ordinances for Gilroy, Morgan Hill, Milpitas, Mountain View, Cupertino, Palo Alto, and Santa Clara and is urging these cities to enact this critical legislation immediately.

• Is calling on cities and the Santa Clara Valley Water District to stop all homeless encampment sweeps. The repeated, traumatic, and unnecessary displacement these sweeps cause will only make this public health emergency more dangerous for everyone in our community.

• Will offer a template letter on our website for San Jose residents to provide to their landlord in the event that their income and ability to pay rent is impacted by the coronavirus outbreak.

Those who are in need of housing legal services can call the Foundation at: (408) 280-2424. While the Law Foundation’s offices are temporarily closed to prevent the spread of coronavirus, its staff and attorneys will continue to offer services remotely and serve clients. The Law Foundation will respond to calls on its intake lines and are eager to continue supporting our clients during this challenging time. For resources, community members can visit www.lawfoundation.org/coronavirus.

“A piecemeal approach, rather than a statewide ban, is putting thousands of Californians at risk of homelessness,” said Nadia Aziz, Directing Attorney for the Housing program. “We know this crisis is disproportionately impacting low-income people and communities of color who won’t be able to work from home and rely on every paycheck to make it through the month. Preventing evictions for those impacted by the coronavirus and protecting our homeless community should be a major part of California’s response.”