All about Cleveland's eviction right to counsel
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
02/01/2022, Legislation, Housing - Evictions
Update: Editorial urges expansion of City's successful program to Cuyahoga County
An editorial in Cleveland dot com / The Plain Dealer urges Cuyahoga County to go beyond its $2 million investment in expanded tenant representation and actually enact a right to counsel similar to what exists in Cleveland. Noting the potential cost savings to both the City and County as well as the dramatic success of the City's program, the editorial comments that "The right-to-counsel law is a fundamental justice law -- giving very poor families in Cleveland access to assured legal representation when something as consequential as loss of shelter is on the line."
Update: 2021 report reveals RTC continues to deliver impressive results
The latest report analyzing the 2021 data from Cleveland's right to counsel found that the program is delivering on its promise while saving the city money. Key data from the Stout report:
- 93% of clients avoided an eviction judgment or an involuntary move.
- 83% of clients who desired rental assistance were able to obtain it.
- Of the 21% of clients who were unaware of rental assistance at the time they contacted Legal Aid, approximately 98% wanted rental assistance and Legal Aid helped 81% of those clients obtain it. In other words, Legal Aid played a key role in both awareness and securing of rental assistance.
- 92% of clients who wanted additional time to move, and 97% who sought monetary relief, were able to get it. Important context for this stat is that 42% of clients did not want to remain in their home, perhaps because 79% of clients reported defects in their homes.
- Clients were disproportionately female and Black. 79% of clients reported conditions issues with their units, and 92% had reported those conditions to their landlords. 86% had "circumstances (either personal circumstances or case characteristics) that would make their cases complex."
The report also found that the net savings to Cleveland / Cuyahoga County were about $1.8-1-9 million.
Update: first report shows incredible success of Cleveland RTC
A report is now out about the first 6 months of Cleveland’s right to counsel. The bottom line is that 93% of those represented avoided eviction or involuntary move, 83% who were seeking additional time to move were able to get it, and 89% of those seeking to mitigate damages were able to do so. The report’s release was covered by WOSU, Cleveland dot com, Fox 8, WKYC, and Ideastream.
Update: Cleveland right to counsel has launched!
Update: United Way of Greater Cleveland commits resources to right to counsel
A press release from the United Way of Greater Cleveland details the organization's commitment of $3 million of bridge funding to help launch the right to counsel for Cleveland tenants facing eviction. The right to counsel in ordinance in Cleveland also charges UWGC with implementation of the program.
Elsewhere, FreshWater explored the planned implementation of the right to counsel for tenants with children.
Update: Case Western study looks at impact of evictions on child health/school in Cleveland
A Case Western study commissioned by the Legal Aid Society of Cleveland found, among other things, that evicted children are at higher risk of lead exposure and negative educational outcomes, and that low-income black women are evicted at a disproportionate rate.
Update: Cleveland bar journal looks at recent passage of eviction right to counsel
Two articles in the Cleveland Metropolitan Bar Journal look at the recent passage of the ordinance establishing a right to counsel in Cleveland eviction cases. The first is by Cleveland Council President Kevin Kelley (who introduced the ordinance) while the other is by Bar President Ian Friedman and highlights the incredible work of Legal Aid Society of Cleveland, and in particular NCCRC participant Hazel Remesch, to build this right to counsel effort up from nothing.
Update: City Council passes bill, making Cleveland first midwest city with an eviction right to counsel
In October 2019, the Cleveland City Council passed the right to counsel bill, establishing a right to counsel to tenants facing eviction who are at or below 100% of the federal poverty level and have children. Coverage is in News 5 Cleveland, cleveland.com, Crain’s Cleveland Business, and WZAK. There are also press releases from the Legal Aid Society of Cleveland (the service provider) and the United Way (the implementer).
On August 21, 2019, a bill was introduced to the Cleveland City Council that would provide a right to counsel for families with children facing eviction who are at or below 100% of the federal poverty line. Eviction has roughly 9,000 evictions filed per year and only 1-2% of tenants currently have counsel. The bill asserts that
lack of legal counsel for tenants during eviction cases is a violation of a basic human right ... this housing emergency destabilizes families and neighborhoods, especially the most vulnerable among us, resulting in homelessness, decreased property values, and harm to social tranquility and the general welfare of the City ...these conditions pose a serious threat to the public health, safety and welfare of the residents of the City, as well as to the City’s economic stability, viability and growth.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel: categorical Qualified: yes
The NCCRC has worked with advocates over the last several years to advance this bill.