Luke Melonakos-Harrison: “We’re facing a housing crisis of almost unimaginable proportions.”
Ahead of an anticipated deluge of evictions, advocates are pushing for the state to guarantee legal representation for tenants who find themselves in housing court.
The idea is to give defendants in civil eviction actions the same access to public defenders that criminal defendants have.
Luke Melonakos-Harrison, a member of the local chapter of Democratic Socialists of America, pitched the proposal to the Downtown-Wooster Square Community Management Team on Tuesday night, seeking petition signatures from the group for creating a law providing tenants with public defenders.
Landlords in the U.S. are represented by an attorney at 80 percent of eviction proceedings, while tenants have legal representation in only 7 percent of cases, Melonakos-Harrison noted.
“When you are charged with a crime and your freedom is on the line, the law guarantees you the right to counsel,” Melonakos-Harrison said. “But that is not the case when your housing is on the line.”
Gov. Ned Lamont’s current moratorium on evictions, protecting renters from being kicked out of their homes (with exceptions) during the pandemic, is set to last until Feb. 9.
Census data predicts that nearly 39,000 renters will face evictions in the next two months if the governor does not extend the moratorium. The eviction crisis will disproportionately affect Black and Latinx renters, particularly women.
Melonakos-Harrison added that one in seven Connecticut households are behind on rent: “If that many people lose their housing, we’re facing a housing crisis of almost unimaginable proportions.”
Central Connecticut Democratic Socialists of America
A breakdown of renter households in Connecticut by race and ethnicity.
When people lack reliable housing, they face much more difficulty finding steady employment, continuing education, and maintaining emotional well-being, Melonakos-Harrison argued. The pandemic has only magnified the existing negative outcomes of evictions. Evicted tenants often find themselves in communal living environments like homeless shelters, where social distancing is far more difficult.
Melonakos-Harrison argued that a program to provide tenants with legal representation would ultimately save the state money, by reducing the funds that would be needed for homelessness services and marshals to enforce evictions.
Nathan Leys, a housing attorney who happened to be attending Tuesday night’s management team meeting, agreed. Tenant representation “does in fact save way more money in the long run,” he said.
Wooster Square resident Anstress Farwell noted that the need for tenant representation is only one piece of the eviction crisis. “Do you see anything down the line that could help provide funds for people, or help them make a negotiation?” she asked.
Melonakos-Harrison noted that some organizations have established rent funds for this purpose. The city’s new CASTLE program got off to a slow start.
The Independent asked the city’s Livable City Initiative (LCI) for an update on how the program, which helps both tenants and homeowners, has worked since its creation last fall. In response to a Connecticut Freedom of Information Act (FOIA) request, LCI responded that it has spent $6,000 of an allotted $29,575 on the program so far. The city has set aside $800,000 overall into CASTLE and an Eviction Prevention Fund.
A LCI deputy said that the city has made 236 email contacts and 285 phone contacts with people about the program. Forty-nine people have applied for money so far. Eighteen of their applications were incomplete; 13 did not qualify for the program. Eighteen people did qualify, two of whom have completed the process and received money; six of whom need just to complete the DocuSign step; three of whom have homeowner lender W‑9 requests pending; and seven others who need more paperwork to be filed.
The Elicker Administration has also previously supported a federal law backed by U.S. Rep. Rosa DeLauro that would providing funding for housing court attorneys for tenants facing evictions.
Lt. Sean Maher, the top cop in charge of the Downtown-Wooster Square policing district, pointed out that landlords who rent through a limited liability corporation (LLC) are required to hire an attorney for eviction proceedings, likely furthering the disparity in representation.
New York City, Philadelphia, and San Francisco have passed versions of a right to counsel law for evictions. New York City has credited legal representation for tenants with a 77 percent decline in eviction warrants.
Thomas Breen contributed reporting.