WASHINGTON (AP) – As the economic effects of the coronavirus pandemic stretch into 2021, millions of US tenants brace themselves for the possibility of appearing in housing court to avoid being evicted. But unlike their landlords, only a small fraction of them will, flanked by a lawyer.
Fewer than 10 cities and counties across the country guarantee tenants the right to a lawyer in housing disputes, and for those struggling to make ends meet, a lawyer is beyond their means, causing many to skip their court hearings or walk into science that they have little chance. Unlike criminal cases, no attorney is assigned if someone cannot afford one. Legal aid organizations and pro bono lawyers represent many tenants each year, but the need exceeds what they can handle.
While housing advocates have pushed for rent relief from the government in the first place, experts also expect more cities to join the movement to give tenants the right to a lawyer.
“The pursuit of the right to counsel preceded the pandemic, but it is particularly acute and urgent in the face of the pandemic, given the general uncertainty facing tenants,” said Gretchen Purser, an associate professor of sociology at Syracuse University specializing in housing, homelessness and urban poverty.
She said legal representation will be “one of the most important things that groups across the country can push for.”
Many people are indebted to rent for months on end, have lost their jobs, or have faced escalating medical bills during the health crisis. According to estimates by global investment bank and consulting firm Stout, tenants will owe as much as $ 34 billion in January. An estimated 23 million people are at risk of deportation.
The federal COVID-19 relief package including $ 25 billion in rental assistance and an extension of an eviction moratorium through January.
Zachary Kettering thought the moratorium would protect him when he lost two jobs during the pandemic, ran into rent arrears and received a letter of formal notice in October to leave his one-bedroom apartment in the Dallas suburb of McKinney.
But he fell victim to a caveat that housing attorneys have warned: The Centers for Disease Control and Prevention’s order is not a blanket moratorium; tenants must sign a statement and give a copy to their landlord. In early December, Kettering, a disabled veteran, owed $ 6,900 in rent, and an agent knocked on his door with an eviction notice.
A friend lent him the money to cover his debt, and he agreed to sign a document from his landlord saying he would not renew his lease in February in exchange for dropping the case.
“I just give in to whatever they wanted,” said Kettering, 33, who is now raising money online. ‘It’s like playing a game and one of those involved doesn’t know the rules of the game. And that game is a very high bet, to the point where you become homeless if you don’t play the game. “
The federal bill also includes $ 20 million in legal aid for tenants.
In Baltimore, only 1% of tenants have legal representation in eviction cases, compared to 96% of landlords. But this month, Maryland’s largest city became the newest US jurisdiction granting tenants the right to counsel in those cases. A Stout report estimated that 92% of tenants, represented by Baltimore attorneys, would avoid having to leave their homes.
The new regulation requires the city’s Department of Housing and Community Development to hire legal nonprofits and calls for funding to spread the word and educate tenants. It will give the city four years to fully implement the requirements.
Public Justice Center attorney Matthew Hill, which advocated for the new regulation, said Baltimore could draw on general funds and federal money to cover the costs of the program. He said a measure proposing a right to a lawyer will also be enacted in the Maryland legislature, potentially making state money available for Baltimore’s efforts.
“This is really meant to level the playing field and really give tenants access, because the eviction court is often just about evictions, but tenants have a lot of defense,” Hill said, including whether the place is livable and whether landlords are licensed. “So we want to try to turn the eviction court into a housing court and ensure that we enforce tenants’ rights to safe, stable and healthy housing.”
The Stout report estimated that an investment of $ 5.7 million per year to gain legal representation for Baltimore tenants would result in $ 35.6 million in savings for the city and the state on homeless shelters, Medicaid expenses, school funding and foster care costs.
In 2017, New York became the first American city to guarantee the right to a lawyer in housing court. Between July 1, 2019 and June 30, 86% of tenants represented by attorneys were able to stay in their homes, according to a city report released this fall.
Other cities with similar laws include San Francisco, Philadelphia, and Newark, New Jersey.
Before the pandemic, about 300,000 evictions were filed in the US in an average month, according to Princeton University’s Eviction Lab. A patchwork of local and state guidelines coupled with the federal moratorium have provided some protection for those unable to pay rent. But in some places, including cities in South Carolina, Ohio, Florida, and Virginia, tenants are losing their homes.
Pablo Estupiñan, interim co-coordinator of Right to Counsel NYC Coalition, said that eviction requests have been filed in New York since the right-to-council ordinance took effect three years ago. But he said landlord attorneys have increased the pressure on tenants and that sometimes people choose to leave because they may not know their rights.
“As a result of the right to a lawyer, we saw landlords change their tactics, and we certainly heard from community members that landlord attorneys threatened them, saying, ‘If you get a lawyer to represent you, I’ll take your case harder and fight better.do not produce a fair settlement, ” said Estupiñan.