New federal legislation would allow wide-scale expansion of a right-to-counsel program for people facing evictions, building on programs already started in a handful of states including Connecticut.
The Eviction Prevention Act, introduced by Democrats Rep. Rosa DeLauro, 3rd District, and Pennsylvania Sen. Bob Casey, would create a new grant program so that state and local governments can hire attorneys to represent tenants with incomes under 125% of the federal poverty level. DeLauro’s office sent out an announcement about the bill Monday.
The members of Congress introduced the bill during a time when evictions have been in the spotlight nationally. During the pandemic, many tenants began to organize, and lawmakers called for protections to prevent evictions. Now, more people are losing their housing because of rising rents, and the country has large gaps in housing stock available and affordable to its lowest-income renters.
Eviction rates have risen over the last couple of years to above pre-pandemic levels. They spiked in many states after pandemic-era protections expired.
So far this year, there have been more than 19,200 evictions filed in Connecticut, slightly less than the 2022 totals but still more than 2019. Last year saw the highest number of filings since at least 2017, the earliest year with available data.
The COVID-19 pandemic highlighted many of the existing inequities in the housing system, including that many people could face eviction after missing a paycheck because of illness or an unexpected expense. Data and research also show that families with children, women and people of color, especially women of color, are at heightened risk of eviction.
A recent study from Princeton’s Eviction Lab found that about 2.9 million children face the threat of eviction every year.
The bill would also mandate the creation of a national evictions database through the U.S. Department of Housing and Urban Development and require that the Government Accountability Office report on representation rates of tenants and landlords, cost savings associated with offering renters legal aid, and the limitations of the existing legal system for tenants going through evictions.
Evictions have been shown to have wide-ranging effects on children and families, including on their physical health, mental health, educational outcomes and sense of community, among other outcomes.
“It cannot be understated how devastating an eviction can be for individuals or families,” DeLauro said in her press release. “I understand it very well, as my family and I were evicted when I was growing up. Eviction turned our world upside down, and I know all too well how it can completely upend someone’s life.”
Connecticut’s right to counsel program launched about two years ago for low-income renters in certain ZIP codes and veterans statewide. It’s a collaboration of several legal aid groups across the state.
The state was the third to launch a right-to-counsel program and used $20 million in COVID-19 relief money. Officials have said they expect those funds to last until next year.
A January report found that the program had broadly increased the number of tenants who have legal counsel in eviction proceedings. Landlords are much more likely to have legal representation.
The report also found that the legal aid program likely saved Connecticut millions it would have otherwise spent on services such as emergency shelters, child welfare or health resources.
Some landlords have criticized the program, saying it results in more costs to landlords and slows down the process. John Souza, president of the Connecticut Coalition of Property Owners, said it makes it less likely that property owners will take a chance on renting to someone with a history of evictions if it takes longer and is more expensive to evict them.
“Far too many Americans are at an increased risk of eviction and homelessness because they don’t have access to legal representation to help them and advocate for them,” Pennsylvania’s Casey said in Monday’s press release. “This bill will help families stay housed and level the playing field between tenants and landlords. It’s past time we devoted more federal resources to helping families in Pennsylvania and across the nation keep a roof over their heads.”
Groups such as the National Low Income Housing Coalition and the National Housing Law Project offered support for the bill in Monday’s press release.
“The U.S. affordable housing crisis is reaching a fever pitch, and evictions have risen above pre-pandemic levels,” said Shamus Roller, executive director of the National Housing Law Project. “As renters navigate this dangerous market, they increasingly face rent gauging, significant rent burden, and frequent and unjust evictions. And they are taking on these challenges without adequate representation in housing court.”