Reynaer Bamberg says she had one of the hardest conversations of her life about a year ago. She had to tell her 10-year-old daughter that they were facing eviction.
鈥淚 sat her down, I let her know, you know, we are probably going to have to leave this house,鈥� Bamberg said. 鈥淪he鈥檚 like, 鈥業 don鈥檛 want to leave. I love my room. I love my house 鈥︹�� So when she said that to me, that really solidified that I can鈥檛 lose this apartment. Not like this.鈥�
The New Haven-area resident was a teller at a local bank until the location closed at the beginning of 2020. She was without a job when the pandemic hit. and eventually she was hospitalized with COVID-19. Then she fell behind on rent, owing her landlord nearly $9,000. She said she tried to come to a compromise with the landlord, but in the end she faced two court cases: eviction and a small claims matter.
鈥淚 was lost. I felt like I failed as a parent. Like, how can I put me and my daughter in this situation? It鈥檚 the worst feeling,鈥� Bamberg said, thinking back to how she felt in that moment, unsure of how to proceed, especially without a lawyer.
Bamberg鈥檚 experience wasn鈥檛 unique. 黑料吃瓜网鈥檚 eviction or summary process takes five steps. which could all happen in as little as 26 days. If tenants don鈥檛 take certain steps or don鈥檛 know when to appear in court, their case could default and they could lose their home. In fact, 37% of 黑料吃瓜网 tenants fail to appear in court during eviction proceedings, and their cases end in default, according to a by the 黑料吃瓜网 Advisory Council on Housing Matters.
But that could soon change. Last summer, Gov. Ned Lamont signed into law a new statewide program that will give low-income tenants facing eviction access to a lawyer. 黑料吃瓜网 became the third state in the country to endorse a program and the second to fund it after Washington. The first phase is set to roll out Jan. 31 for select income-eligible residents in 14 neighborhoods.
Lawyers for the program say it aims to address an . In 黑料吃瓜网, 80% of landlords have legal representation in eviction cases, while of tenants have the same benefit. And without representation, many tenants are unaware of their rights.
鈥淗aving a right is very different from being able to exercise the right,鈥� said Natalie Wagner, a 黑料吃瓜网-based lawyer and the executive director of the 黑料吃瓜网 Bar Foundation, which is administering the Right to Counsel Program. 鈥淎nd being able to understand that process for somebody who鈥檚 in crisis can be nearly impossible, without somebody there who understands the process to be able to explain it to and walk you through it.鈥�
Why does it matter?
Wagner said the need for counsel was recognized in criminal cases a long time ago because of the devastating effects a record can have on an individual. An eviction record works in similar ways. And that鈥檚 why this program goes beyond just what happens before a judge.
鈥淚f you have an eviction judgment against you, it makes it more difficult for you to access other stable housing,鈥� she said. 鈥淚f you have housing instability, it makes it more difficult for you to regularly access employment, access to health care, children's access, you know, maintaining access to schooling.鈥�
A similar program was launched in New York City in 2017. So far, it has decreased evictions by over 40% since 2013, and 86% of households that have been represented have been able to stay in their homes, according to the program鈥檚 most recent .
During the pandemic, many of 黑料吃瓜网鈥檚 eviction cases were halted thanks to moratoriums and executive orders. The goal was to keep as many people housed and out of shelters as the state worked to mitigate the spread of COVID-19.
鈥淲hat the pandemic put into high relief is the connection between health and housing,鈥� said Elizabeth Rosenthal, deputy director of New Haven Legal Assistance Association, one of five legal aid programs in 黑料吃瓜网 that will be part of Right to Counsel.
Since last July, evictions have been kept at bay, in part, thanks to Gov. Ned Lamont鈥檚 executive order . That order put several safeguards in place, including encouraging landlords to take advantage of federal rent relief and giving tenants a 30-day stay after they receive notice to quit. Before the pandemic, they had three days.
But Lamont鈥檚 emergency powers are set to end in February, and his executive order could expire, too.
鈥淸Executive order] 12D has been imperative for giving everyone enough time. Without it in place, it鈥檚 going to be 鈥� I know it鈥檚 been overused 鈥� but a tsunami of evictions,鈥� Rosenthal said.
鈥楤etter settlements鈥�
Before the pandemic, an average of 20,000 residents faced eviction in 黑料吃瓜网 each year. And four cities in 黑料吃瓜网 were in the in the nation for most evictions in 2016. The numbers are expected to be higher as pandemic safeguards are lifted.
That鈥檚 where the Right to Counsel hopes to step in and help some low-income tenants and landlords get more favorable outcomes, just as in Reynaer Bamberg鈥檚 case.
Thanks to the court鈥檚 clerk Bamberg found out about legal aid services. She called the statewide hotline and, within 10 days of getting her notice to quit, she had legal representation. Due to staffing and lack of funds, legal aid services prior to this program could take only a certain number of eviction cases a year. Bamberg said she was one of the lucky ones.
鈥淗aving counsel saved me,鈥� she said. 鈥淚t was just like they were working around the clock to make sure that me and my daughter would not be homeless.鈥�
Her legal aid lawyer walked her through the mediation process, helped her access rent relief and negotiated with Bamberg鈥檚 landlord to let her and her daughter stay in their apartment.
鈥淥ne month after I got rent relief, I found a new job and I鈥檓 still in my home,鈥� Bamberg said. 鈥淚 think it鈥檚 great that more residents will be able to better their situation like I did.鈥�
While the law passed with overwhelming support, some landlords voiced their opposition during the public hearing portion, stating the system was fine as it was.
鈥淭he summary process in [黑料吃瓜网] operates with [the] help of housing mediators that craft agreements between landlord and tenant 鈥elaying the process is the likely outcome when more lawyers are involved,鈥� wrote John Souza, president of the 黑料吃瓜网 Coalition of Property Owners.
And a delay in the process is a possibility, according to a randomized on the outcomes of having counsel in New York City. But representation on both sides ended in fewer court appearances or motions.
鈥淭he outcomes that are created by having attorneys on both sides do promote better settlements, they鈥檙e more realistic settlements. Our system of justice is designed around two parties on equal footing going in front of a judge to determine what is justice,鈥� said Cecil Thomas, an attorney with Greater Hartford Legal Aid Services, another organization involved with the program.
Getting it up and running
The state allocated $20 million to the program for its first two years. Funding comes from the state鈥檚 share of pandemic-related federal dollars. An additional $2.4 million is available from the U.S. Department of Housing and Urban Development.
鈥淚t looks like we鈥檒l probably have 25 attorneys around the state providing representation under the program beginning at the end of January, and will continue to onboard and train attorneys,鈥� said Wagner of the 黑料吃瓜网 Bar Foundation.
It鈥檚 estimated each attorney will take on a caseload of 100 a year, helping more than 2,000 households in its first phase.
The program will prioritize areas in need in its first phase. Eligible tenants are those who make 80% or less than the and live in certain ZIP codes in Hartford, Danielson, Willimantic, Putnam, New Haven, West Haven, Bridgeport or Waterbury. Those ZIP codes represent where historically 25% of evictions are filed statewide, Wagner said.
Through the program, 黑料吃瓜网 Veterans Legal Center will also provide representation to tenants at risk of eviction who have served in the armed forces regardless of what ZIP code they live in.
Wagner said the goal is to expand the program with time. But for now the biggest challenge is staffing.
鈥淚t鈥檚 not really just about how much money is available. But how long does it take to get enough attorneys hired and trained in order to provide the representation,鈥� Wagner said.
