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City Council/Public Finance and Economic Development Authority/Parking Authority
June 20, 2023

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Presentation.pdf
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June 20, 2023
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City Council/Public Finance and Economic Development Authority/Parking Authority
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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.

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