Delaware bill seeks to stifle eviction rates

Renters affected by pandemic need assistance, sponsor says

By Craig Anderson
Posted 5/6/21

DOVER — Following Thursday’s introduction of proposed legislation aimed at curbing Delaware’s eviction rates and strengthening tenant options to contest cases, the primary sponsor of Senate Bill 101 sounded optimistic about its chances for success.

You must be a member to read this story.

Join our family of readers for as little as $5 per month and support local, unbiased journalism.


Already a member? Log in to continue.   Otherwise, follow the link below to join.

Please log in to continue

Log in

Delaware bill seeks to stifle eviction rates

Renters affected by pandemic need assistance, sponsor says

Posted

DOVER — Following Thursday’s introduction of proposed legislation aimed at curbing Delaware’s eviction rates and strengthening tenant options to contest cases, the primary sponsor of Senate Bill 101 sounded optimistic about its chances for success.

“I’m very hopeful that it passes this legislative year,” said Sen. Bryan Townsend, D-Newark, during a Zoom conference.

“I think we have, obviously, a very serious bubble coming off a pandemic, so my hope is very much that as more colleagues learn how skewed the system is and what progress other jurisdictions have seen that we’ll be able (to enact) this year.”

The legislation seeks to increase renters’ access to counsel during tenant-landlord actions. According to the bill’s synopsis, 86% of landlords are represented by an attorney, agent or business manager in the First State’s approximately 18,000 eviction cases filed annually, while only 2% of tenants have representation.

Supporters of the legislation believe that an eviction crisis may be looming, as the state begins to open up and ease COVID-19 restrictions.

While Sen. Townsend expects the proposed bill to eventually face opposition, there’s been none immediately.

“There hasn’t been any pushback because I do think there’s an intuitive sense from legislators of there being a whole lot of very unfortunate and negative outcomes and ultimately avoidable outcomes when you have housing instability, so I think there’s an instinctive support for the legislation. ... There hasn’t been any kind of formal pushback to say that this bill is not meritorious and that these Delawareans are not deserving of a far more level playing field.”

SB 101 is scheduled to be considered by the Senate Housing Committee, which Sen. Townsend chairs, on Wednesday. Rep. Melissa Minor-Brown, D-New Castle, is the lead House sponsor.

According to Rep. Larry Lambert, D-Claymont, another House sponsor, “While the majority of landlords in Delaware are honorable (and) they do their work aboveboard, ... as landlord-tenants’ rights advocates have mentioned, there are landlords that are taking advantage of this pandemic and that is why there’s an urgency for this legislation to get passed.”

According to a news release touting the bill, nearly 1 in 5 Delawareans face eviction each year.

American Civil Liberties Union of Delaware Policy Director Javonne Rich noted that, “In Delaware, people of color disproportionately face a threat of being evicted. ... On average, evictions are filed against Black (renters) at nearly twice the rate of white renters and the disparities are worse for Black women.

“Black women are even disproportionately experiencing eviction filings and evictions more than brown households and households that are headed by Black males.”

The bill’s synopsis maintains, “The disruptive displacement that accompanies eviction proceedings create significant costs for state and local government related to shelter funding, education funding, health care provided in hospitals instead of community-based providers, transportation costs for homeless youth, and foster care.”

It continues, “Evictions and disruptive displacement also have significant, well-documented, and long-lasting effects on the lives of individuals and families, including poorer physical and mental health, increased risk of homelessness, increased risk of employment loss, loss of personal property, damage to credit standing, and relocation into substandard housing. Further, evictions fall disproportionately on Black and Latinx families, who have also been the hardest hit by the COVID-19 crisis.”

The legislation comes in six parts, including:

  • Section 1 establishes a right to counsel for covered individuals with household income below 200% of the federal poverty guideline for evictions and other landlord-tenant actions. A coordinator for the program will be appointed by the attorney general. The coordinator will contract with legal services providers for the provision of representation in proceedings covered by this act. Section 1 also requires the coordinator to work with community organizations to do outreach and education regarding the right to counsel. And landlords must provide notice of the right to counsel at periodic designated intervals in the tenancy and in eviction proceedings.
  • Section 2 creates a monetary floor for initiation of eviction proceedings for nonpayment of rent — no action may be filed where the amount owed is one month’s rent or less than $500, whichever is greater. It also provides that a landlord may not initiate or continue eviction proceedings for nonpayment of rent if the tenant pays and the landlord accepts all rent due. Finally, it creates a right of redemption for a tenant who pays all back rent, costs and fees before eviction.
  • Section 3 authorizes the creation of a residential eviction-diversion program modeled after the Residential Mortgage Foreclosure Mediation Program.
  • Section 4 provides COVID-19-specific release, whereby in any action where execution was stayed based on a finding that the stay was required in the interests of justice, a new action must be commenced if the landlord continues to seek summary possession after the emergency declaration is lifted.
  • Section 5 is a severability clause.
  • Section 6 delays the effect of this act until 90 days after its enactment.
Readers and donors make this story possible.
You can help support non-partisan, community journalism.

x
X