Co-authored by Lina Choe, NLC Intern, Housing and Community Development
Over 21 million renter households are spending more than 30% of their monthly income on housing costs. In 2023, over fifty percent of Black (56.2%), Hispanic (53.2%) and Native Hawaiian or Pacific Islander (51.7%) households spent more than 30% of their income on housing costs. When individuals and households are cost-burdened by housing, it makes it difficult to save money for emergencies, which can lead to renters falling behind on their rent and possibly lead to an eviction as non-payment of rent is the predominant cause of individuals and families being evicted.
While not all evictions lead directly to homelessness, evictions can significantly increase the likelihood of it occurring in the short term, or within two years of receiving the eviction notice. To effectively prevent individuals and households from experiencing homelessness, cities should take a holistic approach to ending homelessness. This means developing a two-pronged, homeless prevention strategy that focuses on serving individuals and households currently experiencing homelessness while simultaneously preventing individuals and households from experiencing homelessness.
What is an eviction?
Eviction is a legal action taken by an owner for the removal of a tenant from housing due to a lease violation, which could include nonpayment of rent.
As rent continues to increase and the country grapples with a housing supply shortage, it is now more important than ever for cities to continue investing in eviction prevention strategies to mitigate displacement and prevent homelessness.
What is Eviction Prevention?
Eviction prevention, often seen as an “upstream” solution, refers to strategies or programs intended to keep individuals and families in their homes. Eviction prevention can provide support at different points in the eviction process. Strategies or interventions to prevent evictions include emergency rental assistance, eviction mediation and legal counsel.
Emergency Rental Assistance
Emergency rental assistance (ERA) is direct cash assistance to tenants and landlords facing unforeseen or unpredictable circumstances. ERA funds can be used for payment of back and future rent and utility payments. Research shows that residents who received ERA funding were less likely to be behind on their rent and had lower rates of using personal savings or borrowing money to pay for rent in comparison to ERA applicants who did not receive funding.
Eviction Mediation
Eviction mediation is an alternative process to filing or litigating a court-based eviction. Mediation brings together landlords and tenants with a trained and neutral mediator to reach a mutually agreed upon solution. Mediation services are most productive prior to an eviction being filed as both parties are more likely to be interested in reaching a resolution, but they can be utilized throughout the eviction process. With the passage of Act 57 in Hawai’i, landlords were limited in their ability to evict residents depending on how far behind on rent residents were and were offered access to free mediation services. Through this mediation program that was conducted prior to filing an eviction, 85% of residents were able to reach agreements and remained stably housed after mediation in comparison to 11% of residents reaching a settlement and remaining stably housed when mediation occurred after an eviction had been filed.
Legal Assistance
Legal assistance can level the playing field between landlords and tenants in the court system as it has been shown that 90% of landlords have legal counsel throughout the eviction process while only 10% of residents do. A study in Minnesota showed that residents who had full legal representation either won or settled their eviction case 96% of the time in comparison to residents without legal representation who won or settled their case only 62% of the time. Additionally, tenants that were represented were nearly twice as likely to be able to stay in their homes compared to residents without representation.
How are Cities Providing Eviction Prevention Services?
Cities across the country have recognized the need to continue and improve their eviction prevention services to assist residents to remain in their homes.
Denver, Colorado
As eviction proceedings reached new heights within its city, Denver’s city council recognized the need for more funding for emergency rental assistance in its 2024 budget. For its 2024 budget, the city approved $29.1 million in funding for rental and utility assistance for residents in need. Eligible applicants for this funding must be at or below 80% of the average medium income, however, due to a high volume of applicants, applicants must have received one of the following; a court summons, writ of restitution or eviction notice, a utility disconnection notice, or moved out of their previous home within 90 days and have a move-in date set within the next two weeks.
Bellevue, Washington
Bellevue Conflict Resolution Center, which was originally created to help Bellevue neighbors resolve disputes through mediation, has expanded its services to tenant-landlord mediation. Through the Housing Accord Program, the center offers services to help landlords and tenants resolve conflict. These services are free and confidential. The center also assists tenants and landlords with negotiating repayment plans for overdue rent. This service was initially offered through the state’s court-mandated Eviction Resolution Pilot Program between November 1, 2022, to June 30, 2023, to assist tenants during the COVID-19 pandemic. During this time, Bellevue Conflict Resolution Center assisted more than 2,800 households.
Mountain View, California
The City of Mountain View’s Housing Help Center (HHC), which is funded through Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME), connects tenants and landlords with legal support and housing resources to help the city reduce the number evictions filed. HHC partners with local organizations to offer no to low-cost legal services to community members. These legal services support both tenants and landlords. HHC also offers weekly in-person and virtual office hours to help connect tenants and landlords to legal services. These office hours also help inform community members on rent stabilization laws and eviction preventions.
Learn More
Check out National League of Cities’ Ending Homelessness: A Guide for Local Governments. This guide provides an overview of the homelessness crisis facing U.S. communities, why it’s happening, and how cities can work with partners to shape solutions.
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