I’m a landlord who owns several properties in Delaware, and I see renters every day who desire a great home to raise their family, but also face the financial struggles of doing so. When a renter finds themselves in financial straits, I do my best to work with them, and we often find a way collectively to navigate those hurdles without ever resorting to court. But, when we do have to go to court, I know that implicitly I have the upper hand. On two levels really— in terms of my familiarity, though by no means expertise, with the eviction process, and in terms of a day off from work not resulting in an unpaid day, as is the case for many.
I often represent myself — a choice that I make, because I know what to expect and the legal requirements. I am familiar with the eviction process, and I am well-prepared to make arguments on my own behalf. And in instances when I don’t feel equipped to represent myself and instead hire an attorney, I know that this cost, while painful, won’t break me. My renters on the other side of the courtroom rarely have that advantage.
Paying for an attorney is usually well beyond the limits of their pocketbook (and let’s face it, all too often it is a pocketbook rather than billfold), and consequently, they show up unrepresented by default, not by choice. It seems only fair to me that just as we assist people financially to rent a home when their income doesn’t allow it, That we assist those most vulnerable with legal assistance. I understand the importance of having access to legal representation, and it is for this reason that I support providing a right to representation for renters who are facing eviction.
In Delaware, 86% of landlords have representation in court eviction proceedings, but only 2% of renters have representation. Many landlords and real estate investors ask me why I support changing a status quo that favors me, and them, so heavily with 43 to 1 odds. For me, it’s a matter of basic fairness and housing justice — it’s not lost on me as a Black woman that women and people of color have a more tenuous hold on housing, particularly during COVID-19 than other populations. That imbalance has almost always resulted in the same conclusion: families displaced from their homes.
The right to representation bill that’s up for consideration in the General Assembly, SS 1 for SB 101 (also referred to as just SB 101), just seems like common-sense legislation. For low-income renters, in particular, who can’t afford help, it would level the playing field between landlords and renters by providing representation in eviction proceedings. To my mind, SB 101 also will help landlords who are unaware of or are overwhelmed by rental assistance programs, to get connected with resources and open the spigots to back rent owed by renters who’ve fallen behind on their payments.
In summary, while I understand the concerns raised by landlords regarding SB 101, I don’t think that renter representation in one of the direst circumstances imaginable to a family — an eviction proceeding — attacks my rights as a landlord; it’s about ensuring that the rights of my renters are protected, too. SB 101 is an opportunity to address housing insecurity at the root of the issue and ensure that the most disadvantaged renters have a fighting chance to remain in their homes when facing eviction. I hope the House will vote “yes” when this bill comes up for a floor vote.
Pam Hill is the founder of My Smart Cousin. She is also a Delaware landlord.
Read on Delaeare online:- https://www.delawareonline.com/story/opinion/2022/06/03/legal-assistance-most-vulnerable-eviction-cases-essential/7489042001/
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