Posted May 1, 20243:45 pm
By Jill Sell
Ashley and her five children moved into an apartment that was not what she had been expecting. The cabinets, appliances, hot water tank and furnace had been removed. Although the landlord agreed to replace the items, he did not pay the contractor the full amount, leaving Ashley with the balance. But things got worse. The apartment was infested with mice and roaches, a toilet was leaking onto her children’s beds and there was a danger of lead exposure.
At one point, the home failed inspection and the landlord lost his contract for subsidized housing. Ashley refused to pay rent, and the landlord quickly sought to evict the family.
Legal Aid Society of Cleveland stepped in on Ashley’s behalf. The attorney convinced the landlord to drop the eviction because Ashley was already planning to move out. The landlord also paid Ashley $4,000 in damages.
That’s just one of many housing stories that has a happy ending, thanks to the joint efforts of Legal Aid, United Way of Greater Cleveland and the Right to Counsel program.
In 2023, Legal Aid assisted 4,519 Cleveland residents in 1,234 eviction Right to Counsel cases. Last year, 81% of people helped through the program avoided eviction or an involuntary move.
It is estimated that Legal Aid represented between 60% and 80% of all Cleveland households that were likely eligible for Right to Counsel. Before the program was initiated, only 2% to 3% of all tenants had legal representation. That number has since increased to 16%.
Earlier this year, Legal Aid and United Way presented an independent evaluation to Cleveland and Cuyahoga County leaders, proving the worth of the Right to Counsel program for individuals, families and the community. Among other vital benefits, housing stability results in better opportunities for children to remain in their schools and for parents and caregivers to retain employment.
“Of tenants who are served an eviction notice in Cleveland Housing Court, about one-third are eligible for an attorney through the Right to Counsel program,” says Colleen Cotter, executive director of The Legal Aid Society of Cleveland. “At Legal Aid, we have the experience of representing clients and United Way has a broad network of organizations it works with. Together it works well because we are all committed to the outcomes of justice and secure housing in the community.”
Right to Counsel is a public-private partnership developed by the City of Cleveland, Legal Aid and United Way in 2020. In addition to eviction measures, Right to Counsel actions have helped with the mitigation of damages, identified and responded to poor housing conditions and leveraged interventions, including rental assistance. Cleveland was the first midwestern city to pass legislation giving tenants a right to free legal counsel in Cleveland Housing Court.
Ken Surratt, chief development and investment officer with United Way of Greater Cleveland, says Right to Counsel funding is obtained through several sources, including city, county and state monies, plus philanthropy.
“Consistent, reliable funding needs to be available. We’d love to see more public investment. The successful data speaks for itself. And the fact that the city established Right to Counsel means there should be more funding to support it,” says Surratt.
Once that is accomplished, Surratt would like to see the program expand to other vulnerable populations. Currently, eligibility requires tenants to be at or below 100% of the federal poverty guidelines and have at least one child in their household.
“We also found that there are a lot of seniors who could be protected by Right to Counsel as well. There are also those who care for adults with disabilities who need help,” says Surratt. “It means finding out the size of those populations and identifying others.”
Cotter says she believes the reasons for evictions are complicated and run deep. But she cites lack of housing in general, lack of affordable housing and the discontinuance of rental assistance programs available during the COVID pandemic, as major contributors. She also says a single trigger, such as a car breaking down, can be a significant factor.
“Someone’s car breaks down and they need to spend money fixing it so they can get to work. But now they are short on rent,” says Cotter. “Having short-term bridge dollars would make a difference.”
Surratt says the recent evaluations show Right to Counsel is fulfilling its purpose — “to protect safe, affordable and stable housing for Cleveland families.”
Source: Cleveland Magazine - Legal Aid and United Way Are Protecting Renters' Rights