To lessen the coming wave of evictions, tenants need to have the right to counsel

July 1 marks the fourth month that renters have had to find a way to pay rent since the COVID-19 pandemic pushed tens of millions into unemployment.

The National Multifamily Housing Coalition has been tracking rent payments since the start of the pandemic, and the findings reveal that while most tenants are still managing to pay rent, far less are paying rent on time compared to one year ago.

Families understand that the most important basic need to hold on to is shelter, and many will forgo other necessities in order to pull together what they can to pay rent. But those survival strategies were hardly working in pre-pandemic times, with rent already too high to be called affordable for the typical family. Now with rising food costs and enormous income loss, the reality is that families cannot stretch the money any further. Rent will not get paid.

In California, several emergency policies have been put in place that recognize the implications of a housing crisis sent into overdrive by a global health crisis. Gov. Newsom issued an executive order stating that tenants shall not be evicted for COVID-19-related nonpayment of rent. The Judicial Council ordered that all courts immediately halt almost all eviction proceedings through the duration of the state of emergency, although they have already once floated the idea of a sunset date for that ruling. The ordinance in Fresno is similar to Gov. Newsom’s executive order with the additional provision that gives tenants six months to pay back missed rent. The Fresno City Council also recently passed the Housing Retention Grant Program, which gives eligible families up to $1,000 for housing costs. These are good signs that our leaders are listening. But ask those renters who are falling behind if they feel safe yet, and they will most likely tell you “no.” Because the evictions are still coming.

Late last year, we released a report that revealed the scale and the dimensions of the eviction crisis in Fresno County. Thousands of tenants are evicted every year. One of the most astounding facts to come out of that research was the disparity in legal representation between tenants and landlords. While almost three-quarters of landlords were represented in eviction court by attorneys, only 1 percent of tenants had legal representation. This single fact is one of the major contributors to the high eviction rate in Fresno County. Here is why: Landlords know that tenants are unlikely to retain a lawyer, thus boosting their confidence that they can have the tenant evicted quickly and without contesting. Additionally, the eviction process is complicated and every step of the process, from the first notice to the court hearing, places tenants at a disadvantage. If tenants make it as far as having their case heard in court, they are up against landlord attorneys who know the ins and outs of the process and move through the courtroom with an air of confidence because they usually win, racking up as much as $1 million a year on these cases.

Before COVID-19, we knew that tenants were struggling without legal representation and losing their housing because of it. After COVID-19, these problems will manifest in new ways, because the so-called eviction “moratoriums” do only one thing when it comes to eviction filings — they give the tenant a defense in court. This means that landlords can still file an eviction complaint. Tenants will still have to respond and appear in court. The difference is that those tenants who could not pay rent because they were impacted by COVID-19 can present evidence before the judge and potentially avoid getting locked out of their home.

But we have learned firsthand in our study observations that self-represented tenants are often not prepared to argue their case in a same-day trial, even when they have a legitimate argument.

Experts predict that these past months of economic downturn will bring on an “avalanche” or “tsunami” of evictions as states reopen. Many tenants will not be ready, and the business of lockouts will resume. A right to counsel, guaranteeing legal representation for tenants, is critical. Fresno would not be the first city to implement a right to counsel. New York City, following the passage of their right to counsel program, reported significantly greater housing stability for tenants and even a reduced number of eviction filings, as landlords now recognize that they will need a truly defensible reason to evict their tenants, who will be coming to court with lawyers of their own.

This is the opportunity to reverse course on a growing, volatile housing crisis. Right to counsel will not solve all of our housing insecurity problems, but its potential benefits are without doubt. Fresno could become a national leader by recognizing that we have the time right now to prevent the surge in housing displacement that lies ahead.

Amber Crowell is assistant professor of Sociology at Fresno State and the Regional Housing Coordinator for Faith in the Valley.