Texas Eviction Diversion Program (TEDP)
The Texas Eviction Diversion Program (TEDP) helps eligible Texas tenants, who are behind on their rent due to the COVID-19 pandemic and who have been sued for eviction, stay in their homes and provides landlords with an alternative to eviction. If both the tenant and landlord agree to participate in the TEDP and meet the requirements in the chart below, the TEDP may provide up to six months of rental assistance. This temporary program is a unique partnership between the Supreme Court of Texas, Texas Office of Court Administration, and the Texas Department of Housing and Community Affairs (TDHCA).
- Assistance can be used to pay the full contracted rent that is past due (up to five months), and the remainder may be used to pay for subsequent months of assistance (up to a total of six months).
- The TEDP uses a special court process that allows courts to put eviction lawsuits on hold and divert them to the TEDP. Under the TEDP, lump sum payments are provided to landlords for rental arrears in exchange for allowing tenants to remain in their homes and forgiving late fees. Diverted cases will be dismissed and made confidential from public disclosure.
There are two Eviction Diversion activities – an initial pilot program funded by the Community Services Block Grant CARES program and then available in several months, a program that will ultimately provide statewide coverage funded by the Community Development Block Grant CARES program.
View the Court’s Eviction Diversion Program page (txcourts.gov).
Individuals wanting to learn more about the Texas Supreme Court order issued on Sept. 25, https://www.txcourts.gov/media/1449812/209113.pdf
TEDP Program Eligibility
For full program eligibility requirements, see the “TEDP Program Document Provided to Landlords and Tenants by the courts” below under Program Documents. Two of the tests that must be met are for Household Eligibility and Unit Rent Eligibility:
Household Eligibility Test:
To be eligible for the TEDP Pilot a household’s income must be below 200% of poverty noted below:
|Household Size||200% Poverty|
For households with more than 8 persons, add $8,960 for each additional person.
Unit Eligibility Test:
To be eligible for the TEDP Pilot two limits apply to determining the maximum assistance for rent:
- The maximum amount of rent the program will pay is set at 120% of the Small Area Fair Market Rent (SAFMR), or where no SAFMR exists, the Fair Market Rent (FMR).
- The maximum amount of contract rent for the unit cannot exceed 150% of the SAFMR, or where no SAFMR exists, the FMR. If a unit’s contract rent exceeds this amount, the unit and household are not eligible for assistance under the program.
- If a tenant’s unit rent falls between 120% and 150% of the applicable SAFMR or FMR, the program will still be able to assist the tenant, however, the tenant must pay the amount of arrears in excess of the 120% limit, or be in a payment plan executed by both the tenant and the landlord, before the program will pay the 120% contribution.
- To find the 120% and 150% limits described above, use the tool (XLSX) here. Enter the zip code for the unit for which assistance is being requested.
TEDP Program Documents
This program is funded with $3.3 million of CSBG CARES Discretionary funds. As a pilot program, there will be a select group of administrators working in a limited number of counties. The results of that pilot will be used to help inform the statewide program.
|CSBG-D Eviction Diversion Pilot Program|
|Organization||Counties Served||Contact Person||Phone|
|Brazos Valley Community Action Program||Brazos, Chambers and Montgomery||Norma Karakurt||979-595-2801 x8006|
|El Paso Community Action Program/Project Bravo||El Paso||Mona Manglona||915-267-0529|
|Gulf Coast Community Services Association||Harris||Amanda Shelton||713-554-0667|
|Panhandle Regional Planning Commission||Randall, Potter, Deaf Smith||John Kiehl;
|San Antonio, Dept. of Human Services||Bexar||Minerva Hernandez||210-207-5917|
|Texas Neighborhood Services||Erath, Parker, Palo Pinto, Wise||Bradley Manning||817-598-5700|
|Texoma Council of Governments||Fannin, Grayson||Judy Fullylove||903-813-3537|
|Community Action Corporation of South Texas||Bee, Jim Wells, Kleberg, San Patricio||Victoria Pena||361-664-0145 x2038|
TEDP Statewide Program
The statewide program will be supported by CDBG CARES funds as a component part of the Department’s larger CDBG CARES Rental Assistance program.
Depending on how promptly the federal oversight agency for CDBG CARES is able to approve the Department's plan for these funds, TDHCA anticipates that funds will be available for entitlement communities with existing COVID-related rental assistance programs by the end of year. Those communities without COVID-related RA programs, including non-entitlement communities, will be made available regionally and competitively, and most likely will not be eligible to begin receiving funds until early 2021. Through the rental assistance contracts, the state anticipates having full statewide coverage.