Most tenants don’t have lawyers in eviction cases. NJ looks to change that in 3 cities – NorthJersey.com
The stakes are high in landlord-tenant court. If a judge rules against a renter, gone is the roof over her head, causing a cascade of consequences that can impact the ability to hold a job or get to work, where a child goes to school, or a parent’s mental health.
Yet with so much on the line, renters are often outmatched and underprepared in court. While landlords have a lawyer helping them through the confusing, rapidly-changing legal process in about 90% of cases, renters have legal help in less than 10% of cases. If a tenant, lacking legal guidance, doesn’t know to show up to trial, a judge usually rules in the landlord’s favor.
New Jersey is trying to level the playing field in a system that disproportionately impacts families of color, with Black women facing the highest rates of eviction, according to an analysis from Princeton University’s Eviction Lab.
As the Garden State restarts landlord-tenant trials in September and its eviction moratorium begins to phase out, New Jersey will offer free legal counsel and social services assistance to low-income renters in Atlantic City, East Orange and Trenton, a one year pilot program paid for with $1.4 million of federalstimulus CARES Act Funds. To be eligible, renters must earn less than 200% of the federal poverty level.
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“We know there is a staggering unmet need in New Jersey, and when people have access to counsel, even if brief, they are less likely to be evicted,” said Dean Dafis, who is overseeing the program at the state Department of Community Affairs. “You can’t argue with that. That’s amazing.”
The state agency took inspiration from existing right to counsel programs in New York City, which protected 86% of the tenants they represented from eviction, and San Francisco, which kept 67% of renters they represented in their homes. Some other cities launched similar initiatives, such as Newark, Cleveland, Philadelphia, Boulder and Baltimore, according to the American Civil Liberties Union.
New Jersey hopes to help between 500 to 1,000 families with legal services over the next year and between 250 and 500 families to secure social service help, such as food stamps, rehousing assistance, or job training, Dafis said. He hopes New Jersey will expand the program statewide in the future.
NJ evictions: Middle-income renter moratorium ends Sept. 1
More: Here’s what you need to know if facing eviction, foreclosure in NJ
Meanwhile, lawmakers set aside $2 million in the state budget to expand legal clinics at Seton Hall Law School and Rutgers Law School for more law students and recent graduates to provide legal advice to low- and moderate-income tenants and help them apply for rental assistance.
“So much of your ability to succeed in life is tied to stable housing — less public assistance down the road, better outcomes for students in school who don’t have to transfer districts, and more,” said Lori Outzs Borgen, director at the Center for Social Justice at Seton Hall University School of Law.
New Jersey paused court proceedings and banned evictions in March 2020, so the courts are now sifting through more than 50,000 pending landlord-tenant filings. Courts can dismiss cases filed against low- and middle-income tenants who submit a form certifying they applied for rental assistance and couldn’t make rent payments due to the COVID-19 pandemic.
More: Here’s how to fill out the form to have your NJ eviction case dismissed
The state will contract attorneys with Volunteer Lawyers for Justice, Essex-Newark Legal Services, Central Jersey Legal Services and Community Health Law Project to represent renters during settlements or trials, and provide less time-consuming help, like directing tenants to where they can apply to secure some of the $1 billion worth of rental assistance, or to the form they must submit to get their case dismissed. Community Health Law Project will provide assistance to tenants with disabilities.
Catholic Charities of the Archdiocese of Newark, HomeFront NJ and Jewish Family Service of Atlantic & Cape May Counties will offer social service support through a contract with the state.
New Jersey chose the three pilot cities after analyzing eviction filings, homelessness rates, local poverty levels, and shelter population data. In all three cities, renters weren’t represented by lawyers in more than 90% of cases.
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“There’s a huge pool of people that could be displaced in Trenton once the eviction moratorium is lifted,” said Trenton Mayor Reed Gusciora. “We want to avoid destabilizing a family, so this is going to be a good program that provides sound legal advice and other help to get people back on their feet.”
Seton Hall Law School plans to add four more students to its existing housing clinic, and launch two new classes of eight students each in the spring with supervising attorneys. Students and recent graduates will help low-income renters with eviction cases, with help finding resources, and with cases where landlords sue to recoup missed rent payments, which are becoming more frequent, attorneys say.
Beyond helping tenants, the funds will give students experience in landlord tenant law, and hopefully encourage more people to enter the field to help underrepresented communities, said Borgen of Seton Hall.
Newark case study
Newark launched an Office of Tenant Legal Services in June 2019, which provides free legal assistance to Newark renters at risk of eviction who earn under 200% of the federal poverty level. The state looked to Newark’s program for inspiration. The office has accepted more than 800 cases over the past two years.
Khabirah Myers runs the office, juggles 50 or more of her own cases a month, and manages contracts with three firms that offer about 10 attorneys to take on other clients — Essex Newark Legal Services, Essex County Legal Aid Association and Jalloh & Jalloh.
That’s fewer than the 15 to 25 well-trained lawyers to address about 3,000 to 5,000 cases a year that Rutgers estimated the program required, in an April 2019 design proposal. Rutgers estimated it would cost $1.4 million, plus the director’s salary and administrative costs. Myers estimated that Newark taxpayers spend around $150,000 a year for the program, and foundation funds currently cover most of the additional attorney costs.
Myers wants to hire additional attorneys that work for the city, as the contracting process can be long and arduous, and the lawyers have other cases besides the ones her office offers.
“If you’re not paying enough, they won’t take cases from you and they aren’t obligated to,” Myers said. “I get it, they have to pay their bills. But what we have now is not going to cut it, especially as trials start in September and we may have close to 10,000 eviction cases in Newark alone.”
Myers also aims to set up a table at the courthouse, or a virtual room in Zoom proceedings so tenants can learn about the program and get last-minute help if they need it.
For the state pilot program, the courts agreed to tell tenants about the program and pass out flyers, Dafis said. In Atlantic City, attorneys will be available in a Zoom room 8:30 a.m. to 9:00 a.m. Monday through Thursday. If tenants don’t get help before their court date, they can sign on to Zoom early and talk with someone to assist them.
If you live in the following cities and are at risk of eviction, you can call for legal help here:
- Trenton residents: Central Jersey Legal Services at 609-695-6249
- Atlantic City residents: Jewish Family Service of Atlantic County: 609-822-6830
- Or on the day of your court date, sign in to Zoom at 8:30 am Monday through Thursday. Meeting ID: 161 090 5099; Password: 627612.
- East Orange residents:
- ZIP code 07017 call Volunteer Lawyers for Justice at 973-943-4754
- ZIP code 07018 call Essex Newark Legal Services at 973-624-4500
- Newark residents: Call 973-877-9424 or email at OTLS@ci.newark.nj.us
For legal assistance across New Jersey:
- If you have a disability, call Community Health Law Project: 609-392-5553
- Seton Hall Law Center for Social Justice: 973-642-8700.
- Legal Services of New Jersey: 1-888-576-5529
- Volunteer Lawyers for Justice: 973-645-1955
Ashley Balcerzak is a reporter covering affordable housing and its intersection of how we live in New Jersey. For unlimited access to her work, please subscribe or activate your digital account today.
Email: balcerzaka@northjersey.com
Twitter: @abalcerzak