SEATTLE — Most renters facing eviction lack access to legal counsel, and because of that, are set up to fail, says a new analysis.
The Center for American Progress brief found nationwide, about 90% of landlords have legal representation in eviction cases, while only 10% of tenants do.
According to University of Washington research, more than 130,000 adults in the state were evicted between 2013 and 2017.
Seattle attorney Andrew Ackley said even with favorable state laws on their side, renters still struggle to afford representation in Washington.
"Facing the prospect of not just having to get caught up on rent, but also legal fees, people are pinched almost from the start, to the point that some of them don't even bother,” Ackley said. “And they take a weaker position, settle for really less than they're entitled to - and essentially, are at the whim of landlords."
The University of Washington research noted evictions, along with the housing affordability crisis, are contributing to the state's rising homelessness rate, now at its highest level since the Great Recession. Evictions also disproportionately affect people of color.
Heidi Schultheis, senior policy analyst for the Poverty to Prosperity Program at the Center for American Progress and co-author of the brief, said an attorney can help a renter in a number of ways, such as negotiating additional time for them to move.
Critically, she noted, evictions stay on a person's credit report for seven years, and legal counsel can ensure a filing doesn't go onto their records.
"Landlords can and do discriminate against tenants with eviction filings on their records, even when the filing didn't actually result in an eviction,” Schultheis said. “Even if the tenant goes on to win their case, that filing will go on your credit report."
Unlike criminal matters, defendants in civil cases aren't constitutionally guaranteed legal representation. But some cities have passed rights to counsel for evictions, and Schultheis said these cities are saving money.
In New York City, renters with incomes at or below 200% of the poverty line are ensured legal representation. She said the city did a cost-benefit analysis of this policy.
"Based almost entirely on the savings that would accrue to the homeless services system, after the cost of providing legal counsel for tenants in eviction cases, the city would save $320 million every year,” she said.
The CAP report is online at AmericanProgress.org.
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Construction will begin early next year on new affordable housing dedicated to low-income Oregon farmworkers. This project is the latest by the Farmworker Housing Development Corporation, a nonprofit that is partnering with Energy Trust of Oregon to make their housing more energy efficient. This year, the FHDC hosted workshops teaching more than 200 families how to save energy at home.
Ramon Martinez, communications and advocacy coordinator with the FHDC, said the payoffs are significant. Along with receiving more than $20,000 in incentives to help reduce energy use across their properties, residents' bills are down.
"During the cold months, some people are afraid to turn on the heater, right? But its been great because I've heard successful stories about residents seeing $200, $300 bills, lowering it down to the $100 range," he explained.
Research shows that most farmworkers in Oregon do not have access to affordable housing and often live in over-crowded conditions.
In Oregon and Washington, 32% of farmworker households live in poverty, which is more than twice as much as the general U.S. population. The Farmworker Housing Development Corporation manages 460 units across the central Willamette Valley, providing affordable housing to more than 2,000 people. Along with rental housing, it also helps farmworkers who are interested in becoming homeowners.
Christian Meneses-Zurita, senior asset manager with the FHDC, said it has hosted homebuyer resource fairs and recently started a fund to help farmworkers find housing and pay for education.
"Our affordable housing options can be a stepping stone," Meneses-Zurita said.
More information about the Ramon Ramirez Fund is at www.FHDC.org.
In early 2025, construction will begin on new affordable housing dedicated to low-income Oregon farmworkers.
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One life-altering situation turned a North Carolina woman's stability into homelessness and now, she is sharing her journey to humanize homelessness and advocate for solutions to affordable housing.
Tonya Adams-Ruffin, 54, never imagined she would end up on the streets. A combination of domestic violence and a work accident left her without a home, a situation from which she is still recovering as she transitions into new housing.
"That was one of the hardest things that I had to do," Adams-Ruffin explained. "Not knowing if someone is going to try and hurt you, not feeling safe."
With support from the Interfaith Council for Social Services, Adams-Ruffin is using her experience to lead and advocate for change. After receiving leadership training from the council, she has taken on roles such as working the polls in her community and raising awareness about the realities of being unhoused.
Another way Adams-Ruffin is raising her voice to dispel myths about homelessness involves creating signs to raise awareness, with messages like "We may be homeless, but we're not helpless." The signs are part of her larger effort to spotlight the struggles faced by homeless individuals, challenges extending beyond appearances to include barriers in accessing essential resources such as safety, food and shelter, even from organizations designed to provide them.
"Just because you're homeless, you don't want to have to be in a situation where you can't bathe, eat, lie down when you need to and feel safe," Adams-Ruffin pointed out. "What I would do is say, 'Look, we need to do more with affordable housing.'"
Adams-Ruffin stressed her advocacy thrives through partnership with the council, which helps her amplify her vision for community impact. She is also raising awareness about a national grant to support those facing homelessness.
Alyssa Hinton, voter engagement project lead for the council, said the organization is providing the resources and support Adams-Ruffin needs to make a difference.
"There is a national grant that is up for $25,000 for anyone who has faced or is facing homelessness right now," Hinton noted. "We are priming and prepping our members to be able to apply for that grant. We have ideas. We can get this money. We have a place to do this. Let's do it together."
In 2023, nearly 10,000 people in North Carolina were homeless on any given night.
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Low-income Montana residents are getting help accessing legal aid online.
In some cases, updates to automated legal forms could help residents facing eviction stay in their homes, and also assist people who need help with family law issues.
Montana Legal Services Association will use the $275,000 technology assistance grant to overhaul and redesign its most-used automated, online legal forms.
MLSA's Community Legal Education Coordinator Linden Howard-Murphy said the information from those forms will be integrated into the state's court systems.
"We know that not everyone can afford a lawyer, and we also know that navigating the court system on your own can be extremely overwhelming," said Howard-Murphy. "One of the cornerstones of our work here at MLSA is empowering Montanans with the tools they need to handle their civil legal problems pro se. Pro se means without a lawyer."
MLSA data show there is only one legal aid attorney for every 8,900 Montanans who need civil legal help. Howard-Murphy said upgrading the online forms will help improve those numbers.
Ron Flagg - president of the Washington, D.C.-based Legal Services Corporation, which awarded the grant - said streamlining the online help low-income Montanans can access could be the difference between staying in their home and being evicted.
"And if you're living on the edge, that means you're one medical expense, one fender-bender from not being able to pay your rent," said Flagg. "And having legal assistance available in those cases is a game changer."
The Legal Services Corporation funds 130 nonprofit legal aid programs nationwide.
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