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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Oregon lawmakers passed a major housing package in this year's session, but said easing the state's housing crisis will take more work.
Bills passed during the short legislative session will send a total of $376 million to address the state's housing shortage, including Senate Bill 1530 and Senate Bill 1537, priorities for Gov. Tina Kotek.
Shannon Vilhauer, executive director of Habitat for Humanity of Oregon, said the governor's housing package is groundbreaking.
"We also see important investments in emergency housing assistance, addiction recovery support and renters protections," Vilhauer pointed out. "Those are all investments that are going to help stabilize Oregonians in need of housing assistance and benefit the communities we all share."
The housing package includes funds for housing and homelessness projects and to support counties buying land and developing properties.
However, Vilhauer argued there is still more to do to address the crisis. During the next legislative session, she hopes the state will help first-time homebuyers, as well as make other investments.
"Preserving affordable rental homes that exist now but are at risk of terming out of their affordability and going market rate," Vilhauer explained. "We'd love to see that affordable housing preservation investment move forward in a strong way."
Vilhauer acknowledged the housing issue in Oregon cannot be solved immediately. It is a problem decades in the making.
"It will take a concerted effort over time to continue to make headway," Vilhauer stressed. "We're starting to get there but we need to keep going with a sustained effort."
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A new report shows Montana has the nation's most rapidly rising homeless population. Advocates for more affordable housing call the situation critical.
One Kalispell-based shelter is asking for state funding to expand, and do what it can to help.
The most recent Annual Homelessness Assessment Report shows Montana saw a 551% increase in its unsheltered population, the steepest rise in the country between 2007 and 2023.
Kalispell-based Samaritan House Executive Director Chris Krager said he feels the pinch every night.
"I like to think we can handle it," said Krager. "We're trying to address it. Samaritan House, we see between 95 and 105 people every night."
That's capacity for Samaritan House, which Krager said has been full every night for a decade - and often has to help people find other options.
He has asked for state funds to expand the facility, which would double its occupancy.
In addition to building single and multi-family housing, Samaritan House also plans to create housing for veterans.
Krager said they often experience mental health issues along with homelessness. The report shows Montana was one of only four states with an increase in homeless veterans.
"Kalispell is the largest city in Montana with no dedicated homeless veteran housing," said Krager. "So, we're going to fix that. The reason this is serious is because the nature of homelessness in Montana - certain times of the year, it could be fatal. So, we want to really be on our game, especially if it's cold out."
More than 30% of people in Montana's homeless shelters reported a mental health and/or substance use disorder in 2022. The report shows in some shelters, that number is nearly two-thirds.
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Georgia lawmakers appear to be taking a major step toward safeguarding property owners against people who occupy homes or apartments illegally, with what's known as the Squatters Reform Act.
House Bill 1017 passed unanimously in both the Georgia House and Senate. It would make illegally occupying personal property a criminal matter, rather than a civil case. This means the rightful owners can get people out of their homes sooner who don't belong there.
The move is expected to bring relief to such residents as Dan Rodgers, who said he once felt squatters had more legal protection than property owners.
"I think the new three-day process is going to benefit a lot of homeowners," Rodgers said. "It seemed like previous squatters' rights were giving them the opportunity to hide behind process."
Under the Squatters Reform Act, people would have to provide valid documentation of their right to occupy the property within three business days or face arrest for criminal trespass. Those who present documents would have their case reviewed within seven days to establish its legitimacy.
Georgia law has required homeowners to file an "Affidavit of Intruder" in the court system to remove squatters from their property, which can take weeks or months. Rodgers, who owns property in Muscogee County, said he hopes the new legislation will serve as a deterrent to those who previously sought to take advantage.
"I don't think that there's very many circumstances we could think of with a normal trespasser having as many protected rights as squatters do, and ending up being able to really affect people's livelihood," he said. "So, I really feel like it's a really good incentive for people to do the right thing."
The bill was sent to Gov. Brian Kemp this week and is pending his signature to become law.
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