07/21/2023
Happy to share this article, published by the RI Bar Journal, which talks about some of the innovative work being done at RILS.
A New Approach to Eviction Defense
Steven S. Flores, Esq.
Housing Law Center
Rhode Island Legal Services, Inc.
Providence
“...an eviction is more than a mere change of address. It is a major disruption that often results
in property loss, job loss, poorer health and educational outcomes, and family trauma.”
This was Mr. L.’s first eviction. He lost his job because of a licensing lapse and quickly fell behind on rent. He had nowhere to go and no hope until he met with Rhode Island Legal Services’ (“RILS”) new housing navigator. She worked with Mr. L. to enable him to get his trade license re-instated and to restore his income stream, while RILS’ housing attorneys did the rest.
Ms. R. faced eviction for non-compliance with her lease. She worked the late shift at a local store, requiring her to use an overnight babysitter to care for her young child. This raised suspicions that the babysitter was an unauthorized lodger, which (if true) would be a breach of the lease. RILS’ housing navigator worked with Ms. R. to solve her problem by changing her work schedule to “first shift” so she could take advantage of state-supported childcare and stay safely housed with help from a RILS attorney.
The above cases are just two examples of holistic solutions that were made possible by a $3.1 million grant given in March 2023 to RILS (and certain partners), to provide eviction defense and
related services. The award has enabled RILS and its partners to hire more lawyers for eviction defense and allowed RILS to fully incorporate a new approach into its eviction-related defense work.
The new approach focuses on identifying the root causes of a client’s housing trouble so that clients can break the cycle of poverty that eviction exacerbates. To state the obvious, an eviction is more than a mere change of address. It is a major disruption
that often results in property loss, job loss, poorer health and educational outcomes, and family trauma. Research also shows it leads to destabilized communities. Evictions are not only devastating to families and neighborhoods, but they are also extremely costly for cities and states. Preventing the disruption caused by evictions lowers city and state expenditures for things like shelter costs, healthcare costs, mental health costs, and juvenile delinquency, to name just a few examples. Cost benefit aside, for many, an eviction is the moment life crumbles into chaos. The downward spiral caused by evictions is now a familiar reality. By way of example, families that have been evicted usually face enhanced barriers to finding new housing. If they do find new housing, they are generally forced to depend on the lowest, and often unsafe, ends of the housing market. This is because in today’s rental market, landlords can afford to turn away anyone with
a perceived red flag (like a previous eviction) in their past. The less fortunate become mired in an inadequate shelter system or worse.
Due to the sheer volume of eviction cases filed each year, eviction defense has often been down- played as a volume practice with predictable “rinse and repeat” solutions, such as payment or move-out agreements. The solutions are often short-term, with far too many clients landing back in eviction court over time. RILS’ challenge was to find a sustainable way to change that well-worn
path — a task that was made more difficult with rental assistance dollars quickly becoming scarce. Holistic solutions are not a new aspiration. But thanks to this recent support from the McKee ad-
ministration, customized solutions that were once only possible on a very sporadic, ad hoc basis for housing clients have become a regular component of RILS’ eviction defense practice. And the
landlord bar is starting to “buy-in,” with many referring clients to RILS for this service now that word of this new approach to evictions has spread. This is no small accomplishment, as
landlord participation is a critical component to the success of nearly any housing-related initiative.
The process starts with a conversation. That conversation focuses on the household’s strengths, not its weaknesses. Its purpose is to build trust and identify solutions that the household may not
have been able to identify on their own, including natural support systems (like family) that can be utilized with little or no outside financial support. Then, steps are identified to overcome
barriers to housing. It is a practical, problem-solving exercise that results in a housing stability plan. That plan is designed to facilitate long-term housing stability. The process ends with plenty of client
follow-up,
The Bar Journal assumes no responsibility for opinions, statements, and facts in any article, editorial, column, or book review, except to the extent that, by publication, the subject matter merits attention. Neither the opinions expressed in any article, editorial, column, or book review nor their content represent the official view of the Rhode Island Bar Association or the views of its members.
