Statewide Coalition Seeks Right to Counsel for Tenants
Despite federal moratoriums and countless advocacy campaigns, more than 3,200 people in Douglas County faced eviction proceedings in 2020.
In almost all eviction court proceedings, tenants lose.
Though there are a few reasons for this inequality, tenant’s rights advocates in Nebraska are highlighting the lack of legal representation for tenants in court as a key factor.
Unlike making a court appearance on a misdemeanor criminal offense, defendants facing eviction – a civil action – are not guaranteed access to legal representation. As a result, very few hire an attorney.
According to a 2020 study published by two Creighton University professors, 39,346 eviction court filings were found in the state court system from 2012 to 2019. Of those, only 394 defendants – just 1% – had legal representation.
The Nebraska Right to Council Coalition is a statewide group of organizations working to support legislative efforts to advance tenant’s rights. This year, the coalition is advocating for state Sen. John Cavanaugh’s Legislative Bill 419, which if passed would require the appointment of counsel in eviction proceedings. Organizations involved in the coalition include Nebraska Appleseed, Heartland Family Services, South of Downtown Community Development Organization and Inclusive Communities.
Talia Smith, a graduate student of urban studies at the University of Nebraska at Omaha, is one of the founding members of the coalition. She says that appointing lawyers to represent tenants in eviction cases could level the playing field.
“Right now, tenants are put in a position where they are having to negotiate against or with lawyers on their own,” Smith said. “They don’t know all of their rights; they aren’t experienced at negotiating. Lawyers can help keep tenants in their homes longer so they have more time to move, or even negotiate payment plans so they can stay in their home.”
Several cities have enacted right to counsel ordinances, including New York City, San Francisco, Cleveland, Philadelphia and Baltimore as well as Boulder, Colorado, and Newark, New Jersey. Some states, such as Connecticut and Minnesota, have introduced bills on a state level.
The statistics resulting from providing access to counsel are dramatically different from the status quo in communities where tenants don’t have representational. In New York City, 86% of tenants with legal representation were able to remain in their home. In San Francisco, the eviction filing rate fell 10% within a year of implementing the program.
“If tenants don’t have legal representation, it’s almost impossible for them to navigate the court system,” Smith said. “Whereas over 90% of landlords are represented by lawyers. It’s just not balanced, and we have a system that almost never works in the favor of tenants, so we see evictions happening that shouldn’t happen.”
LB 419 is currently sitting in the Judiciary Committee where it will be decided if the bill will advance to the floor for a vote. Smith said that, if the bill does pass, it will fall on organizations to get the word out about the right to representation.
“Tenants are so used to not having representation and knowing eviction court is so hopeless for them that even if right to council is passed, it will take time for tenants to learn that they have that access,” Smith said.
Individuals and organizations can learn more about the coalition by visiting bit.ly/JoinNERTC or by finding Nebraska Right to Council Coalition on Facebook.
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