Delaware moves forward on eviction protections. There's more to do
In Delaware, far too many of our neighbors lack a place to lay their heads at night. For those that do, far too many fear that their home may be gone by morning. In the First State, it’s been estimated that an average of 14 tenants are evicted every day — and that was before the pandemic. For those facing eviction, only 2% had legal representation. Housing is a basic need, and so many families and individuals, from Wilmington to Georgetown, struggle with housing insecurity each day. Thankfully, with the passage of Senate Substitute 1 for Senate Bill 1, which protects renters’ rights, positive change is on the horizon.
As a Partners for Justice advocate with the Delaware Office of Defense Services, I assist clients with needs beyond their legal cases. Often, a client’s top need is a stable place to live, and evictions are a significant contributing factor to the housing emergencies they face. The story is the same for my fellow advocates throughout the state and my colleagues at Partners for Justice sites nationwide. For my clients, a stable roof over their heads is a strong foundation from which other interventions can follow to address issues like unemployment and substance use. When one of my clients lacks a stable living situation, all their goals are made so much harder to achieve. Even relatively simple things like filing paperwork and receiving mail become more challenging. Rebuilding your life after losing your home is very difficult, and far too many Delawareans face that painful reality.
For a foundational intervention as important as housing, it is critical that individuals have every opportunity to stay in their homes. Thankfully, the changes ushered in by Senate Substitute 1 for Senate Bill 1 will do that by providing a right to representation in eviction proceedings. The bill also creates a pretrial diversion program to resolve disputes, giving my clients a fighting chance at long-term stability. Senate Substitute 1 for Senate Bill 1, championed by State Sen. Bryan Townsend and Rep. Melissa Minor-Brown, is historic legislation and long overdue.
What people may not realize is that even the possibility of an eviction can be incredibly destabilizing. Sometimes, a client is so frightened and overwhelmed by the threat of an eviction they do not know that they have options and make the decision to leave their housing prematurely. Once, a veteran and single parent asked me to help find shelter for their family before the eviction process began, believing that homelessness was the only possible outcome. The family wanted to move into a shelter before they were kicked out. The early intervention that Senate Substitute 1 for Senate Bill 1 guarantees will help prevent a situation like this, where someone is forced into desperate choices.
Numerous studies have highlighted the intersection between access to housing and involvement with the criminal legal system. Access to housing reduces contact with law enforcement, arrests, and recidivism. Arrest rates were lowered in a population of “chronically homeless” people who were placed in a supportive housing program. A study looking at participants in a supportive housing program in Colorado showed a 34% reduction in police contact and a 40% reduction in arrests, as well as a reduction in stays in jail by 30% and shelters by 40%.
Earlier: Delaware lawmakers pass bill to give tenants right to counsel during eviction proceedings
Stable housing also resulted in a lower rate of recidivism for a group of people returning to the community after serving time for low-level criminal offenses, according to an additional study. When we connect low-income tenants with legal advocacy, giving them every chance to stay in their homes, everyone wins.
The right to representation for individuals facing eviction is a critical step in tackling the complex and systemic problems driving the housing crisis and the ails of the criminal legal system. Senate Substitute 1 for Senate Bill 1 will help reduce the destabilizing burden of eviction, which contributes so heavily to housing insecurity, and prevent people from leaving their homes in a panic without understanding their rights or going through the appropriate due process.
Once this legislation is signed by Gov. John Carney, our neighbors facing the unthinkable will have the support that they need. It makes me hopeful for a future where my clients can obtain and retain long-term stable housing, laying the foundation for a successful future.
Susannah Gale is a client advocate working in the Office of Defense Services in Wilmington, Delaware, as part of the advocate program run by Partners for Justice, a national nonprofit working to transform public defense.
This article originally appeared on Delaware News Journal: Delaware eviction protections: There's more work to do.
