Page 14 - Delaware Lawyer - Winter 2021

FEATURE
University of Delaware showed that in 2017, almost 11,000 cases were filed in Justice of the Peace Court 13, one of the three J.P. courts that handle land- lord-tenant eviction cases in the state. A survey of 300 of those cases indicated that landlords were represented 86% of the time, while tenants were only rep- resented in 2% of the cases reviewed. In Delaware, landlords can represent them- selves, or be represented by either an at- torney or a Form 50 agent. Tenants, on the other hand, can only represent them- selves or be represented by an attorney.
Further, the University of Delaware study noted that of the 155 cases that were for money judgments, 11% of those were for amounts of less than $300. The thought that an individual or fam- ily could be evicted for less than $300 is astonishing. In Delaware, there is no minimum monetary threshold to file for eviction. For example, we have seen a case where a family was facing evic- tion for an amount that was less than $1. Imagine facing homelessness for an amount as little as $1. Fortunately, this individual had legal representation from Delaware Community Legal Aid Soci- ety, Inc. (CLASI) and was able to avoid eviction. Another common problem is that if a tenant satisfies any outstanding balance prior to the court date, but af- ter the deadline given by a landlord who has claimed a “reservation of rights,” the tenant can still be evicted.
Tenants who are left to fight for themselves face a higher probability of being evicted as opposed to if they were represented. Many cities, such as New York, San Francisco, Newark and Phila- delphia, have therefore implemented a right to counsel in eviction cases. Indi- viduals fare better when they have an ad- vocate who is able to negotiate on their behalf to prevent eviction or lessen the blow of an eviction if it is unavoidable. Having an advocate does not guarantee that a tenant will not face eviction, but it evens the playing field and increases the
probability of a more favorable outcome for the tenant. For example, we have seen tenants negotiate repayment agree- ments on their own that often times are unrealistic and set the tenant up for fail- ure. Through the assistance of an advo- cate, reasonable repayment agreements can be negotiated, financial assistance can be provided through an eviction defense fund, or a move-out agreement can be agreed upon, allowing the tenant an opportunity to transition to alterna- tive housing. And many Delawareans will soon need an advocate in order to maintain their housing: an estimated 28,000-40,000 Delawareans are at risk of eviction next year.
CLASI has seen firsthand the enor- mous value of preventing evictions. In 2019, in a project with the Delaware State Housing Authority and FHL Bank Pittsburgh, CLASI and the Legal Services Corporation of Delaware were recipients of a grant to provide evic- tion defense to low-income individuals. Through this project, tenants received representation in eviction matters and, in many cases, also received financial assistance to prevent eviction. Combin- ing legal representation with an eviction defense fund had a significant impact on ensuring that tenants continued to stay housed. This is important because when a family becomes homeless, there are devastating consequences within the family, such as negative impacts on education, health and employment. For example, an eviction can also result in the loss of public benefits. Recipients of public benefits are often required to complete periodic reviews. The redeter- mination requests from the Division of Social Services are most often mailed to your last known address, and failure to timely respond can cause benefits to close. An eviction is also a public record and can preclude a family from partici- pating in a subsidized housing program for three to five years, creating yet an- other barrier to housing stability. These
are just some examples of the domino effect that an eviction can have. Evic- tions also often result in the expenditure of significant community resources to address homelessness and the need for social services. Eviction defense work thus helps to avoid or lessen trauma, keeps families together, and saves tax- payers’ money.
A tenant’s right to counsel helps to prevent the domino effect of eviction, but more needs to be done. Putting sys- tems into place to help prevent evictions without also addressing the underlying factors of housing instability would only be a stopgap measure. Other significant steps that Delaware should take include enacting a living wage and increasing the stock of safe, affordable housing. According to the National Law Income Housing Coalition, there is a shortage of about 15,560 affordable rental homes available for extremely low-income residents in Delaware. Many of these households must spend more than half their income on housing and do with- out other necessities, like healthy food, in order to pay rent. These households are at high risk of experiencing eviction.
Studies have shown that providing tenant advocacy has had a positive im- pact on preventing eviction. Any finan- cial setback or medical emergency can place a strain on an individual’s ability to remain housed, especially when that in- dividual is spending almost half or more of all income on housing. Having an advocate helps to identify strengths and weaknesses in your case, connect you to resources like an eviction defense fund, or negotiate an agreement on your be- half. Eviction is not just the problem of the individual facing eviction, but also a problem for society. As a legal commu- nity, we have the ability to bring about change by supporting a tenant’s right to counsel, advocating for a living wage or volunteering through Delaware Volun- teer Legal Services to represent tenants in eviction matters.
12 DELAWARE LAWYER WINTER 2021