All about right to counsel efforts in Tulsa and OKC

UPDATE September 2024: RTC pilots receive new funding

As reported by Oklahoma Watch, “an innovative Oklahoma investing collaborative designed to provide access to funding for social service nonprofits in the state announced recently it will provide financial backing to Legal Aid Services Oklahoma’s Tenant Right-to-Counsel program, potentially saving millions in taxpayer dollars while helping to keep Oklahomans in their homes” [NOTE: the Oklahoma program is not an enacted “right to counsel” but rather a pilot project to expand representation in Tulsa and Oklahoma City with an eye towards an eventual right to counsel].  A $2 million loan will pay to aid an estimated 1,800 Oklahomans, said LASO Executive Director Michael Figgins. Oklahoma Impact Investing Collaborative will grant funds to Legal Aid Services Oklahoma to underwrite LASO’s statewide tenant representation services.  This money will be used to replace funding provided by HUD’s Eviction Protection Grant Program, which Figgins noted is “pretty much gone”.

UPDATE JULY 2024: State Attorney General clears legal obstacle to tenant RTC in OKC and Tulsa

Oklahoma Watch reports that State Attorney General Gentner Drummond issued a legal opinion clearing the way for cities to fund legal representation for tenants facing eviction.  At issue was whether such representation serves a “public purpose”, a requirement under the state constitution for providing such funding.  The AG opinion explained:

The correlations between evictions, housing instability, and homelessness are known. And their impact on state and local economies is equally established. Conceivably, then, a municipality can, in its legislative function, determine that eviction prevention services assist with remedying housing instability and mitigating homelessness.

The story notes that a representation pilot in Tulsa and Oklahoma City found that 27% of tenants served had experienced homelessness due to eviction, and that the pilot was estimated to return $7.27 for every $1 spent on legal representation.  The story concludes by pointing out that “If city money can be allocated directly to groups that advocate for tenants, in addition to an upcoming HUD grant opportunity offering $2.4 million to support right-to-counsel citywide  programs, guaranteed legal assistance for tenants in eviction court could be attainable and sustainable.”

UPDATE JUNE 2024: Stout report finds pilot is highly effective & estimates significant cost savings

A study of the the Oklahoma City / Tulsa RTC pilot program found that upwards of 96% of renters were able to stay in their homes. The program also “showed a seven-to-one return on economic dollars.” To LASO Executive Director Michael Figgins, interviewed for a News9 story about the study, “[t]The findings of the StoutTOUT study make it clear that the Right to Counsel Program is not just a temporary fix but a necessary investment in the well-being of our communities.” The article also notes that LASO is considering expanding the program through HUD’s Eviction Protection Grant Program. KJRH and KFOR also covered the release of the report, while Tulsa World noted that “Tulsa Deputy Mayor Cassia Carr said both she and Mayor G.T. Bynum support finding a way to fully implement the program going forward.

UPDATE: RTC pilot expanded to additional zip codes

A right to counsel pilot project in Oklahama City funded by $ 1 million in ERAP dollars  is now operating in three zip codes, while a similar pilot in Tulsa funded through a HUD grant is operating in one zip code.

UPDATE: study finds major impact when tenants have counsel

According to a recent study by Oklahoma Open Justice, for eviction cases in Tulsa, “[L]egal representation for a defendant is associated with a 75% increase in the odds of remaining in their home.”

UPDATE: state provides significant funding for statewide eviction defense

Oklahoma has channeled $2.6 million in federal funding to legal services programs to provide statewide eviction defense services.

UPDATE: new report provides fodder for tenant right to counsel

A new report by the University of Tulsa College of Law (Terry West Legal Clinic) includes some startling statistics about housing court in Tulsa:

• 82% of landlords in eviction cases have representation, compared to 3.5% of tenants, which is why nearly two-thirds of the cases end in default and why tenants overall were successful less than 1% of the time.
• When tenants were represented, they avoided eviction nearly twice as often as unrepresented tenants (about 70% of the time overall), were twice as likely to avoid a money judgment against them, and paid $800 less on average where such judgments did occur.

• In just 1 month, landlords obtained eviction judgments in 22 cases where they did not state a claim specifying the basis for the eviction. 
• Over a 3-month period, over 500 companies lacking the capacity to sue due to  invalid LLC status filed evictions, and 34% of those cases resulted in default judgments.

UPDATE: Tulsa City Council passes right to counsel resolution

The City of Tulsa passed a resolution recognizing the importance of legal representation for tenants facing eviction and encouraged study of the cost/benefit of providing a right to counsel for tenants.  It recognized Tulsa’s extremely high eviction rate, the massive disparity in representation rates between landlords and tenants, and the high success rates for tenants with representation.