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Lehigh Valley, PA — Tenants facing eviction may get their day in court, but they rarely win, unless they have a lawyer. That’s the bottom line of a new study just released by the Lehigh Valley Justice Institute (LVJI).
The study found that tenants win just 1.7% of cases in Northampton County, but their chances of winning increase by 470% if they are represented. A similar LVJI study earlier this year found just 0.9% of tenants winning in Lehigh County, but their chances increased 1200% if they had a lawyer.
“I think we all generally knew that tenants facing eviction do not fare well in Court. Our Institute’s research shows just how bleak that picture really is,” said Joe Welsh, Executive Director of LVJI. “What is worse is that effects are felt more deeply in communities of color, thus perpetuating a cycle of economic disenfranchisement and poverty,” he continued.
Rental assistance is available, but once an eviction case is filed, much of the damage is already done. “Many of our Magisterial District Judges are very diligent in providing information, but that is, unfortunately, after a case is filed.” Welsh noted.
When an eviction case is filed, it is captured by data services and furnished to future potential landlords. “This creates an impediment to the tenant being able to find affordable housing in the future. Housing is inextricably intertwined with the criminal justice system. Lack of housing can prevent people from being released pre-trial, and housing is the cornerstone to successful re-entry programs to re-integrate jail residents back into society.” Welsh explained.
Findings of the LVJI study include:
- Tenants won just 0.9% of cases in Lehigh County and 1.7% of cases m Northampton County.
- Having lawyers raised the proportions of tenant-won cases by 1200% and 470% in Lehigh and Northampton Counties, but only 1.3% and 2.1% of cases respectively had tenant lawyers Tenants in wealthier districts were more likely to secure a lawyer.
- In Lehigh County, the district’s racial makeup was a better predictor of the proportion of cases decided in favor of the tenant than the district’s income was. This correlation was not found in Northampton County.
- Litigated tenants in 11 of 14 Northampton County districts and 8 of 14 Lehigh County districts had an average monthly rent greater than 30% of their district’s per capita income, indicating rent
LVJI sees some potential solutions to help balance the scales of justice. “We have a motto at LVJI that we do not present a problem without proposing solutions. Our aim is to craft solutions that can be implemented locally, right here in the Lehigh Valley, instead of waiting for Harrisburg or Washington,” Welsh explained.
LVJI’s recommendations include:
- Provide tenants with information on representation and rental assistance programs before their hearing to help them navigate the complex
- Provide landlords with information on rental assistance programs as an alternative to filing an eviction case.
- Institute settlement mediation programs to focus on equitable agreements that avoid and prevent evictions.
- Preform cost/benefit analysis deriving the most practical way to provide legal services to unrepresented tenants.
Copies of the LVJI studies are publicly available on the Resources page of the Institute’s website: https://www.lvji.org/resources A video of the organization’s presentation of the Lehigh county results to the Lehigh County Commissioners, available on LVJI’s YouTube channel:
https://www.youtube.com/watch?v=NiirYBt8Z6M&t=191s
Information provided to TVL by:
Joseph E. Welsh
Executive Director
Lehigh Valley Justice Institute
www.LVJI.org
