Eviction Diversion Programs

As eviction moratoriums that went into effect during the heart of the COVID-19 pandemic expire, or prepare to expire, many tenants unable to pay rent are facing a new crisis. In Missouri, the moratorium ended earlier this summer and more than 361,000 households are facing eviction. In Nevada, the moratorium ends on September 1st. In Clark County (Las Vegas), more that 10 percent of its population, or 249,700 residents, are at risk of eviction according to a locally based research group. Roughly a third of all renters nationwide failed to make a full payment as of the first week of August. Estimates are that between 30 and 40 million in the U.S are at risk of eviction in the coming months. Multiple studies from different communities show 80% of people facing eviction are people of color.

A report by the National Center for State Courts (NCSC) in 2015 showed 20% of civil cases in the U.S involve landlords and tenants. Many State Courts are taking efforts to lessen the impact by developing eviction diversion programs. These diversion programs require voluntary participation from both the tenant and landlord and are designed to avoid evictions when possible. Tenants receive legal assistance provided by Legal Aid services and financial assistance from local government and non-profit organizations. Many programs also provide financial literacy education for tenants.

Here is a link to a NCSC presentation on Eviction Diversion Programs:  https://vimeo.com/430049780

They start by talking about lessons learned from Philadelphia’s mortgage diversion program in developed during the Great Recession in 2008, and then spend the bulk of the time talking about Michigan’s new eviction diversion program. Michigan estimates they could see a 50% increase in evictions in 2020, and they are focusing on diversion programs to lessen the impact. The negative consequences of eviction are great – so what does an eviction diversion program do?

• Prevent homelessness

• Reduce eviction total and rate

• Prevent cost to the community (rent payments versus shelter costs)

• Facilitate positive outcomes with landlords to resolve outstanding rent

• Resolve landlord/tenant disputes

• Enforce tenant rights

• Maintain housing stability/Increase quality of housing

• Model for civil right to counsel

The benefits to the community are great, but that doesn’t mean there are not barriers to eviction diversion program like this. Courts and landlord bar organizations need to be open to change, and communities need to find ways to fund the programs.