The above-named editorial appeared in the Friday, November 30, 2012 issue of the New York Times. Author Matthew Desmond of Cambridge MA describes how easy he has found distinguishing the landlords from the tenants in eviction court, since 90 percent of the former are represented by attorneys and 90 percent of the latter are not.
This difference in access to legal representation has major social consequences, for tenants with such access are much more likely to keep their homes. Desmond points out that residential instability is correlated to academic failure, material hardship, depression, and even suicide risk. These consequences loom ever larger in today’s economy where incomes have stagnated and housing costs have soared. Federal spending on low-income housing has dropped significantly.
Desmond recalls observing how arbitrary and capricious landlords in the poorest neighborhoods of Milwaukee could be. Some tenants would be allowed to “slide” on missed rent payments, whereas retaliatory eviction might be the fate of a tenant reporting a housing problem. Outside “heavies” might be hired to evict families, or doors might be removed from units of tenants who hadn’t paid up. Naming such factors as broken toilets and visible pregnancies, Desmond explains that many eviction actions depend on details beyond the actual merits of the case. In these instances, having an advocate who understands the law can make a significant difference. Successful results for tenants can have community-wide impact, such as significant savings in shelter costs.
We at the Ramsey County Law Library are proud to offer our Housing and Conciliation Court clinic every Tuesday from 1 to 4 PM in the Library. Attendees are urged to come early, and can speak with a lawyer for up to 30 minutes.
