1. The Role of Access to Counsel in Preventing Eviction
Beth Mellen Harrison
Legal Aid Society of the District of Columbia
July 19, 2017

2. Affordable Housing Crisis in D.C.
5th highest income inequality among 50 largest U.S. cities
4th most expensive rental market among U.S. cities
Median rent for 1-bedroom apartment is over $2,000
63% of poorest households (bottom 20%) spend more than half of income on rent and utilities
City has lost half of its affordable market rent units ($800 and below) in past decade
Centralized waiting list for subsidized housing has 40,000 families – and is closed

3. Eviction Court in D.C. High-volume, fast-paced, intimidating court
Over 34,000 cases filed in 2016
Two judges, cases per day
95% of landlords have representation; over 90% of tenants do not have representation
Most unrepresented tenants default or sign one- sided consent judgments on the first court date
Strong protections under local law but most tenants do not benefit

4. Available Resources for Tenants
Citywide over two dozen legal services attorneys handling housing cases for tenants below 200% Federal Poverty Guidelines
Active pro bono community accepts additional cases
Low bono representation for tenants above legal services incomes guidelines
Self-help center in eviction court
Legal services project and clinical program with offices in eviction court

5. Role of D.C. City Council Funding
Access to Justice Grants Program
Started in 2007
$4.5 million in grants for 2017, $1.1 million focused exclusively on housing
Expanding Access to Justice Act of 2017
Focused exclusively on eviction defense
$4.5 million for FY
$3.9 million annually in subsequent years

6. Two Access to Justice Eviction Projects
Partners: Bread for the City, D.C. Bar Pro Bono Center, Legal Aid, Legal Counsel for the Elderly
For the most recent fiscal year:
Received $1,018,500, funds 12 full-time attorneys
Conducted pre-court outreach to over families facing eviction
Represented 935 families, referred 177 families for pro bono representation
Countable financial benefit of $1,956,654
Conducted dozens of trainings and outreach events

7. Data on the Impact of Counsel
Random sample of over 200 cases with represented tenants over two years
Compare represented tenants to random sample of (largely) unrepresented tenants
Represented tenants:
Are more likely to contest the case against them by raising defenses (6x)
Receive more time to resolve their cases (6x)
Are less likely to receive a judgment (6x)
Are less likely to have the court find a breach of settlement agreements entered (6x)
Are less likely to face a writ (start of eviction) (7x)

8. Innovations & Impact
Increased tenant representation and tenant bar presence in eviction court
Reduces geographic and other barriers to representation
More direct referrals from judges, mediators, opposing counsel
Increased presences magnifies our ability to spot trends and advocate for court or legislative reform
First limited practice rule, later expanded
Testing pre-court outreach & guaranteed counsel
Helped inspire new funding for eviction defense

9. Sherman Avenue Tenants

10. Please feel free to contact me with any questions:
Beth Harrison
Legal Aid Society of the District of Columbia
Photo credit: All photographs were taken by Jonathan Ragle for Legal Aid