Tenants’ Right to Counsel
June 20, 2023
OUTLINE
What is Tenants’ Right to Counsel
Eviction Statistics
Gaps in Legal Representation
Impact of Eviction
Covid-19 Pandemic
2023 Flood
K-Street Apartment
Example Legislation
Right to Counsel Impact
Merced Tenants’ Right to Counsel
What is Tenants’ Right to Counsel?
No Eviction without Representation
Tenants who have received an eviction notice or been served with an unlawful detainer (eviction) lawsuit and are not living with their landlord have a right to a free attorney.
The attorney will provide full scope representation (representation throughout all stages of the case).
Eviction Statistics
CA CITY POPULATION # OF EVICTIONS
(2016)
EVICTIONS PER
100 RENTER
HOMES
EVICTIONS/POP
RATIO
Lancaster 169,185 3 0.01 0.002
Palmdale 163,463 6 0.04 0.004
Madera 160,256 101 1.20 0.063
Indio 91,980 82 0.90 0.089
Merced 91,563 376 2.55 0.411
South Gate 90,926 173 1.32 0.190
Tulare 70,693 149 1.85 0.211
Atwater 32,372 84 1.98 0.259
1. https://www.california-demographics.com/cities_by_population
2. https://evictionlab.org/rankings/#/evictions?r=United%20States&a=1&d=evictionRate Gaps in Legal Representation
1. https://www.irp.wisc.edu/publications/fastfocus/pdfs/FF22-2015.pdf
2. http://civilrighttocounsel.org/uploaded_files/280/Landlord_and_tenant_eviction_rep_stats__NCCRC_.pdf
LANDLORDS
90%
of landlords had legal
representation in eviction cases
LANDLORDS
82%
of landlords had legal
representation in eviction cases
2010 Fordham
Urban Law Review
2022 National
Coalition for a Civil
Right to Counsel
Tenant receives 3-Day,
30-Day, 60-Day or 90-Day
Notice to move out
Tenant is served
“Summons” and
“Complaint – Unlawful
Detainer”
5 Days
Tenant files motion(s)
Tenant files “Answer”
within 5 daysDiscovery
Landlord files
“Request/Counter-
Request to Set Case for
Trial”
Notice of Hearing Trial held within 20 days
Judgement for Tenant Judgement for Landlord
Tenant stays
Tenant does nothing
Landlord files “Request to
Enter Default”
Judgement entered
in favor of Landlord
Optional: Tenant files
“Motion to Set Aside
Default and Default
Judgement”
Tenant receives Sheriff’s
5-Day Eviction Notice
Optional: Tenant files
“Motion for Stay of
Execution” (to buy more
days to stay)
Sheriff evicts Tenant(s)Sheriff evicts Tenant(s)
Eviction Process
Tenant receives 3-Day,
30-Day, 60-Day or 90-Day
Notice to move out
Tenant is served
“Summons” and
“Complaint – Unlawful
Detainer”
5 Days
Tenant files motion(s)
Tenant files “Answer”
within 5 daysDiscovery
Landlord files
“Request/Counter-
Request to Set Case for
Trial”
Notice of Hearing Trial held within 20 days
Judgement for Tenant Judgement for Landlord
Tenant stays
Tenant does nothing
Landlord files “Request to
Enter Default”
Judgement entered
in favor of Landlord
Optional: Tenant files
“Motion to Set Aside
Default and Default
Judgement”
Tenant receives Sheriff’s
5-Day Eviction Notice
Optional: Tenant files
“Motion for Stay of
Execution” (to buy more
days to stay)
Sheriff evicts Tenant(s)Sheriff evicts Tenant(s)
Eviction Process
Impact of Eviction
Family instability, disruption, and displacement
Homelessness
Increased shelter costs
Increased policing, incarceration,
prosecution, and court costs
Costs related to encampment cleanup and
sanitation
Disruption to children's education
Loss of employment and/or difficulty finding
employment
Increased risk of physical and mental health
issues
Increased healthcare costs related to
physical and mental health issues
Increased risk of children entering foster care
and/or experiencing abuse/neglect
Community instability
Negative impact of credit scores and ability
to re-rent
Loss of personal assets
2023 Flood
01/04/2023 – Governor
Newsom proclaimed a state
of emergency
01/07/2023 – City’s Director
of Emergency Services
proclaimed local
emergencies
01/09-10/2023 – City issued
discretionary and
mandatory evacuation
orders to City residents
1. https://www.cnn.com/2023/01/10/weather/california-flooding-atmospheric-river-tuesday/index.html 2023 Flood
01/14/2023 – City’s Director of
Emergency Services
proclaimed local
emergencies
City Staff estimated ~1,600
Merced residents were
displaced from approximately
720 rental housing units
Residents were suddenly
displaced from their rental
homes without warning or
fault
1. https://www.cnn.com/2023/01/10/weather/california-flooding-atmospheric-river-tuesday/index.html 2023 Flood
04/03/2023 – Approved Urgency
Ordinance to protect renters
impacted by recent flooding.
04/17/2023 – Adopted “Displaced
Tenant Protections” Ordinance
adding Chapter 9.75 to the City of
Merced Municipal Code.
Acknowledged the need to protect
tenants but the City did not create
a Right to Counsel Program to
support tenants.
K-Street Apartment
Negligence on habitability Issues
from prior years (fire 2016)
Building changes ownership and
management company at the
Beginning of 2023
A few units receive 90 day notice
Apartments are Remodeled
Smoke & Fire Incident
Tenants apartments destroyed
Water Shut Off
K-Street Apartment
K-Street Apartment
Electricity Shut Off
Building Red Tagged
Less than 24 hours to Leave
with the assistance of Red
Cross
Keys taken away from some
tenants
Locks changed
Notice to quit served to
tenants
Tenants’ Rights to Counsel Legislation
States (3)
Washington (2021)
Maryland (2021)
Connecticut (2021)
Minnesota (2023) – Eff 08/2023
1. http://civilrighttocounsel.org/uploaded_files/283/RTC_Enacted_Legislation_in_Eviction_Proceedings_FINAL.pdf Cities (15)
New York City (2017)
San Francisco (2018)
Newark (2018)
Cleveland (2019)
Philadelphia (2019)
Boulder (2020)
Baltimore (2020)
Seattle (2021)
Louisville (2021)
Denver (2021)
Toledo (2021)
Minneapolis (2021)
Kansas City (2021)
New Orleans (2022)
Detroit (2022)
Right to Counsel Impact
Kansas City
Pre-Right to Counsel eviction rate was 99%
1st 3 months of Right to Counsel, eviction rate dropped to less than 20% New York City
84% of represented tenants were able to remain in their homes Evictions dropped 29% in zip codes with Right to Counsel San Francisco
10% decrease in eviction filing from 2018 to 2019
Study published in Georgetown Journal on Poverty Law & Policy Fully represented tenants remained in their homes 3x as often as limited/unrepresented tenants
1. http://civilrighttocounsel.org/uploaded_files/283/RTC_Enacted_Legislation_in_Eviction_Proceedings_FINAL.pdf
2. https://scholarship.law.gwu.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=2112&context=faculty_publications Merced Tenants’ Right to Counsel
Create a Tenants’ Right to Counsel Program,
Provide free full legal representation for low to moderate income tenants facing eviction, Procure designated organization(s) to provide full legal representation in eviction proceedings,
Require landlords to disclose to their tenants certain information regarding the access to full legal representation in eviction proceedings,
Create an annual report that analyzes implementation and performance metrics to assess the continued needs of Merced residents.
Recommendation
Provide direction to staff to work with Council Member Xiong in developing a Tenants’ Right to Counsel Ordinance.