It’s a Monday morning in Durham County’s eviction court, and Joseph McMoil’s home of four years is on the line.
McMoil, a stout 51-year-old man, shuffles to the witness stand. Dressed in a faded navy-blue T-shirt and old jeans, he settles into a swivel chair and gazes out at the smattering of people in the courtroom.
“Mr. McMoil, what do you want me to consider as it relates to your case?” Judge Shamieka Rhinehart asks.
For eviction cases in North Carolina, defendants are not guaranteed counsel, so McMoil represents, and testifies for, himself.
“Um … um … the fact that the times that I missed the rent,” McMoil mutters into the microphone. “During that time, I wasn’t receiving as much of a gross amount of money as I usually do. Because of my work.”
When McMoil’s employer, a retirement home in Durham, reduced his hours early on in the pandemic, his income shrank to $1,800 a month, according to court documents. From April to September 2020, he couldn’t pay the $868 monthly rent for his apartment on Campus Walk Avenue.
Though McMoil has paid his monthly rent since September 2020, he still owes $10,104.36 in accumulated rent and late fees, according to court documents.
Morreene LLC, the company that owns the apartment, wants an order for possession of the property.
McMoil’s plight isn’t unique. With the pandemic causing layoffs and diminished hours throughout Durham County, many tenants have struggled to pay rent. The Centers for Disease Control and Prevention’s eviction moratorium ended in late August, meaning many more Durham residents could face eviction in the coming months.
Durham Social Services (DSS) offers rental assistance, and Legal Aid, a nonprofit law firm, helps residents navigate the court system. But eligibility for rental assistance depends on earnings: residents can qualify only if they make less than 80% of the county’s Area Median Income, which is $48,400.
McMoil says he doesn’t qualify now that his income has returned to pre-pandemic levels.
“Have you thought about applying for any of the [COVID-19] assistance that’s available?” asks Charles Carpenter, a tall, thin attorney representing Morreene LLC.
“I’ve called all those numbers,” McMoil says, exasperated. “I’ve tried, yes. They are looking into what I make presently and [the fact] that I’m doing well now.”
Carpenter pauses. “But you do acknowledge that there still are a number of months of rent that remain unpaid?”
“Yes,” McMoil says. “I’ve stayed at this place for a long time. Before [COVID-19], I paid every time. I was a good outstanding resident.”
“We don’t doubt that, Mr. McMoil,” Carpenter says. His shoulders droop. He appears to hold no enthusiasm for evicting McMoil.
“I was a very good resident before this happened,” McMoil says, his voice growing desperate. “So if you make it where I pay a little extra and catch up or come to an agreement where I can improve it, I would very much like to stay. I love where I stay.”
A long silence hangs over the courtroom. Rhinehart glances back and forth between Carpenter and McMoil.
“Anybody want to be heard?” she says, her chin resting on her hand, exhaustion in her voice.
“Just briefly, Your Honor,” Carpenter says. “We certainly feel for Mr. McMoil. I will point out, to his benefit, that when we proceed, that doesn’t cut off his avenue of discussion with us about the possibility of working something out.”
Suddenly, the mood in the courtroom shifts. Despite McMoil’s testimony about his failed attempts to qualify for DSS rental assistance, Rhinehart sits up in her seat and asks a lawyer to find the phone number for the program. Various attorneys talk over one another, trying to find the contact information.
“Mr. McMoil, we’re trying to get you some help, OK?” the judge calls out amid the hubbub.
When the commotion dies down, Rhinehart issues her judgment: “Mr. McMoil, it is unfortunate that I have to grant possession to the claimant. They met their burden.”
“However,” she quickly adds, “you did hear Mr. Carpenter state that although I have entered a judgment, that they may still be willing to work with you.”
Judge Rhinehart recommends that McMoil go immediately to the third floor to find DSS representatives and assigns someone to escort him there.
McMoil walks slowly down the aisle, a gloomy look on his face. He has lost his home for now, but maybe there’s still a chance to save it.
