city of philadelphia eviction task force february 20, 2018 ii. b. iii. … 5 materials.pdf ·...

City of Philadelphia

Eviction Task Force

February 20, 2018

I. Updates:

a. Focus Groups

b. Debrief on Municipal Court Mediation Observation

II. Small group work

a. Divide into groups by topic

b. Review existing recommendations, generate new recommendations, begin to prioritize

recommendations

III. Full group discussion

IV. Next steps

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Eviction Task Force

Challenges and Opportunities by Type

February 13, 2018

Themes: targeting at risk individuals, tenant rights education, access to resources, is there

a sufficient amount of resources, landlord rights and responsibilities, expanding modes of outreach

Data and statistics o Use data to target at risk individuals for education and resources o Share eviction statistics with the public

Accessibility of services o Increase the availability of services outside of regular work hours. o Increase the physical and geographical availability of services.

Outreach strategies o Advertise available resources in a public awareness campaign, including advertisements

on public transportation o Expand modes/reach of outreach and communicate to reach people further upstream o Partner with civic groups, block captains, CDCs to distribute information about and

provide access to prevention services. BenePhilly, Congreso, hospitals, and community schools can be included in this.

o Send housing resource agencies to present/offer resources and education at trusted services providers (such as LGBTQ service providers)

o Use youth spaces to reach out to young people, particularly LGBTQ youth, where they are already organically organizing

Education for landlords o Run landlord lunches, trainings, or other outreach to facilitate landlord awareness of

city resources to tenants, including housing counseling, financial literacy, and rent subsides.

o Create a landlord advisory group to engage with the City around landlord issues o Increase public education around landlord requirements, including education for small

landlords about how to comply with legislative changes. o Promote landlord and tenant education about human rights and what constitutes

discrimination, addressing specific client groups including people with disabilities, LGBTQ, people with substance use and/or mental health issues

Education for those involved in eviction process o Provide police trainings on illegal lockouts. Track and measure the impact of this

training. Include connecting tenants to resources as part of the training. o Provide trainings by LGBTQ advocates for Municipal Court and legal services staff o Create uniformity in how social workers are educated about the eviction process

Develop a tenant-friendly resource booklet and make it available throughout the city and in Municipal Court

Educate tenants about keeping all receipts for rent and repairs, requiring receipts from the landlord, and insisting that landlords use licensed maintenance professionals for repairs

Engage people who are homeless and in shelters who may not be aware that they have experienced an illegal eviction

Outreach and Education

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Themes: rental and utility assistance, pre-court problem solving and relationship

building, case management, financial counseling

Pre-court problem solving opportunities for landlords and tenants o Have mediation program early in the process, before court, so that the tenant will have

less back rent due, and won’t have a record of an eviction filing against them

Relocation assistance o Provide tenants with financial assistance to store belongings o Provide tenants with financial assistance for putting down security deposit o Provide information for people about how to recover after they have been evicted,

including consultation on debt and budget issues o Increase the amount of shelter space accessible to people who have disabilities. Provide

assistance in finding accessible housing for people with disabilities who have been evicted

Financial assistance for tenants and landlords o Expand the use of representative payee/master lease tools o Expand access to long term rental assistance o Increase the availability and use of rental subsidies, group housing, shallow rent

subsidies o Increase the use of direct deposit programs o Require landlords to accept rental assistance o Create a consistent source of rental assistance, so tenants know where to go. Review

and align program eligibility and processes for rental assistance across the full system o Expand resources for small landlords, including grants, repair loans, technical

assistance, and information about tenant resources.

Housing counseling and case management o In a lease, include an option to add a secondary contact person (a case manager, for

example) who will be contacted in the event of eviction proceedings o Build the capacity of existing housing counseling programs to give support to renters (as

opposed to homeowners), possibly by training counselors or adding additional rental-focused positions

o Decrease the turnover in case management

Systems level organization of resources o Institutionalize eviction prevention, which is an interagency issue o Have a method for tracking the recommendations and their implementation o Explore the capacity of the current eviction prevention system, and how this capacity

compares with need o Have one agency to centralize eviction prevention work by identifying resources and

disseminating up to date information o Screen for risk of eviction and/or identify vulnerability at a case management/intake

process in shelters, OHS o Create a system map that shows how all eviction stakeholders fit into the service

provision system

Create incentives for landlords to rent to high-risk tenants.

Provide incentives for good landlords

Create a database of trusted landlords for queer, trans youth

Explore a Pay for Success model for some eviction prevention work

Create a HomeBase pilot for a specific geographical area/neighborhood cohort

Resources and Support Systems

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Themes: representation, procedural changes, mediation, legislative protections, leases,

just cause, illegal evictions

Increase legal representation for tenants in landlord-tenant court, in part by developing resources for recruiting volunteer lawyers

Municipal Court procedures o Reduce default judgments by implementing automatic continuances to secure counsel,

or changing the time period that a tenant has to make a request continuances. o Advocate for changes to complaint procedure, including notations on complains for

certificate of rental suitability, requirement that charges claimed only be for time period covered by rental license and certificate of rental suitability, notation on complaint for presence of child under age six, and notation on complaint indicating whether the unit is subsidized

o Impose a court requirement that outstanding code violations be attached to all eviction complaints to facilitate the abatement of rent by the court

o Develop forms and assistance for tenants without the benefit of legal counsel to file injunctions to restore possessions after illegal lockouts.

o Clarify lines of communication between Sheriff and Landlord-Tenant officers

Municipal court mediation o Make wraparound services available immediate for people coming out of mediation. o Empower tenants during the Municipal Court mediation process. Provide tenants with

the information about the law that they need to make informed decisions. o Allow the option of bringing a non-attorney advocate into mediation o Have the agreements written up by an independent staff person, rather than by the

attorney of one party

Legislation o Eliminate blacklisting of tenants who have an eviction record. Develop a way to get an

eviction filing expunged from a tenant’s record. Decrease discrimination based on eviction history.

o Enact just cause eviction legislation, requiring landlord to have a valid reason for eviction

o Increase legal protections against eviction for long term tenants

Illegal evictions o Increase legal protections against illegal evictions from rooming houses where there is

no rental license o Under the trespass and theft statutes, as well as the anti-lockout ordinances, pursue

arrest and criminal prosecution by the District Attorney’s office of landlords who commit self-help evictions

o Implement legal protections against tenant harassment

Accessibility of Municipal Court o Increase the availability of interpreters in court. Make sure they are able to translate

fully and accurately. o Prepare tenants for what landlord-tenant court will look like, including the mediation

process o Having a specific time assigned for your particular hearing to decrease the amount of

time necessary to spend away from work o Re-train Municipal Court staff and legal services staff in decreasing intimidation,

especially in how to treat trans folks and young LGBTQ folks

Create an eviction diversion court

Increase support for tenants who are at risk of eviction after property is sold in a sheriff sale

Legal Processes and Policies

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Themes: inspections, unlicensed landlords, repairs, self-help eviction, tenant

harassment

Inspections o Have regular inspections for properties of landlords who have been repeatedly reported

for code violations o Require property inspection before it can be rented

Unlicensed landlords o Bring CLS, TURN, and L&I together to target unlicensed, bad actor landlords o Use data to identify and connect with illegal/unlicensed landlords

Rental licenses o Institute a mandatory training for landlords as a requirement for a rental license,

including rights, and tenant resources.

Leases o Promote the use of a plain language lease o Upon move in, require landlords to provide information on tenant rights and resources

Repairs o Increase the legal enforcement of habitability issues (filing cases to enforce repairs) o Develop a landlord loan program for repairs

Tenant resources o Create a simple system for tenants to report harassment o Create a list of frequent flyers/bad actor landlords that tenants can access o Provide landlord background checks so that new tenants can confirm ownership and

landlord compliance with housing and tax laws

Increase regulations for landlords who live outside of the county

Housing Standards and Enforcement

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Contents Appendix VI: Summary of Focus Groups .................................................................................................................................................................... 2

I. Residents ............................................................................................................................................................................................................ 2

II. Municipal Court ................................................................................................................................................................................................. 8

III. Landlords ........................................................................................................................................................................................................ 14

IV. Municipal Court Bar Committee .................................................................................................................................................................... 14

V. LGBTQ Advocates ............................................................................................................................................................................................ 14

VI. Immigrants, Refugees, and Limited English Proficiency ............................................................................................................................... 18

VII. Disabilities Advocates ................................................................................................................................................................................... 21

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Appendix VI: Summary of Focus Groups

I. Residents Background: This focus group took place on Thursday, January 11. Participants were Philadelphia residents who had experienced eviction. Over

30 people attended.

Summary: The challenges highlighted by participants in the resident focus group can be generalized into four categories: Leases, habitability

issues, landlord harassment, and landlord-tenant court. Residents noted that tenants are often unaware of the terms of the lease, even if they

are unfair or illegal. Even if they are aware of the terms, they may sign anyway, because they are in need of housing. Residents also noted that

once they moved into a property, whether it was habitable or not upon move-in, landlords may not address necessary repairs.

For cases that go through the legal process, participants noted the harmful consequences on finding new housing of having an eviction filing

entered into their records, no matter the outcome of the case. Residents also noted that landlord-tenant court gives much more power to

landlords than it does to tenants, reflecting that the court and the mediation process have no way to incentivize landlords to do anything,

including make repairs. Finally, participants noted that agreements from the mediation process may be unreasonable, setting the tenant up for

failure.

Proposed solutions to these challenges included standard leases, rights education, and increased regulation of landlords and properties.. To

counter habitability issues, participants suggested that all properties be inspected before they can be rented, and that there be increased

enforcement of existing laws around licensing and repairs. There were also suggestions for a regular, mandatory training for landlords on their

rights and responsibilities that would be a requirement for having a rental license.

Participants highlighted the importance of educating residents about their rights, empowering tenants to stand up for themselves, and

educating them in practices such as keeping all receipts for maintenance materials and repairs. This could be achieved by resource organizations’

making themselves known in communities, through public awareness campaigns, and by putting resources in plain language and making them

visible in locations that high-risk tenants are likely to see.

In relation to the legal system and legal protections, participants suggested providing financial support for getting to the hearing, and assigning

specific times for cases to decrease the amount of time tenants have to spend away from work. Suggestions for legal protections included good

cause eviction legislation, easier ways to report unfair rental practices, and increased legal protections specifically for long term tenants.

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Notes:

Before Eviction

Challenges Opportunities

Leases

Tenant being unaware of the terms of a lease (signing it because they need housing)

Terms of the lease being unfair or illegal

Landlords’ having tenants waive rights without their knowledge/understanding

Leases that set tenants up to fail

Literacy and being able to actually read and understand documents

Landlords’ making it unclear who is responsible for utilities

Verbal leases, tenants’ not knowing

Simple language leases

List of tenant rights and resources given to you when you sign your lease, require landlords to provide the list o Knowing how to stand up for yourself in a positive way and

having information/understanding your lease

A move-in package that includes TURN/CLS contact info and resources

Licenses, Inspecting the Property

What steps do you take when you observe maintenance violations upon moving in

Showings that don’t give an accurate representation of the property

Subsidized housing may be extremely poor-quality housing, landlords may do the bare minimum or not be up to code

Enforcement of existing laws, like not renting without a license

Better and easier language for the certificate of suitability

Require all properties to be inspected before they can be rented

Landlords

Landlords expect their tenants to not know their rights

Landlords prey on desperation o Tenants sign leases to avoid homelessness and get off the

streets

PHA: power needs to be distributed fairly

Regulation of out of county landlords

Tenants should be able to do background checks on their landlords Registry of landlords who have acted in bad faith

Vetting your landlord

Regulation/oversight of developers and development

Landlord registry

Use data to find unlicensed landlords

Mandatory trainings for landlords

City should do background checks on people who are purchasing property

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o Have a cap on number of properties owned to avoid monopolies

Education and Outreach

Provide statistics around eviction and share them with the public

Empowerment through bringing people together to talk

Resources in plain language o Distributed at multiple service provider locations o Resources need to be visible within these service provider

locations

Advertisements in public transportation

Public awareness campaigns

Promoting awareness through press and media of all kinds, mainstream and not

Tenants learn more about their rights and options before they have issues

Selling the Property and Change of Management

Landlords have total freedom to raise the rent and evict someone

Landlords sell the house without the tenant’s knowledge

Protections for change of management

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During Eviction or Harassment


Rental Discrimination

Based on whether tenants have children or race

Discrimination could be disguised as “selling” or “renovating”

Safety from domestic violence

Notification/Communication

People trying to prevent the right to appeal/gaming the system

Not knowing what prompts the eviction

Landlord sells house without informing tenants

Misrepresenting situation to tenants

Tenants feeling not empowered in the situation or relationship

Education

Tenants don’t know what resources are available, especially financial

Ability to get resources even if you’re aware of them

Empower tenants and motivate them to learn - “people power”

Organizations making themselves more known in the community

Advertise resources on public transit

Landlord-Tenant Court

Court: Eviction enters into court records

Impact of court records on finding new housing

Default judgments for not showing up in court

Tenants often don’t have legal representation

No incentive for landlords to do anything, like repairs

Power dynamics of race and gender

Landlords expecting people (especially women with children and people of color) not to show up, and being aggressive when they do

Procedures’ being structured to privilege one group’s voice over another

Information and experience gap between landlords/lawyers and tenants

Landlords without paperwork can still take you to court for eviction

Feels like there are no checks on landlords. They have more freedom than tenants

Having an unbiased 3rd party affordable representation

Filings without negative judgement not impacting your tenant record

More time during the process of eviction

Specific times to be in court

More respect in court

Financial support for getting to the hearing

Having a specific time assigned for your particular hearing instead of being herded into one room

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Hard to gather proof and needed documents

Tenants not being aware of legal options

Legal options for tenants being complicated, drawn out, frustrating

Missing work and wasting time to be in court

Ability to get to court with physical and time challenges

Tenants don’t know that not appearing in court leaves them with an eviction mark on their record

Unreasonable agreements coming out of mediation

Not being able to afford a lawyer

Legal Protections

Knowing what constitutes harassment. Is it harassment if the landlord is asking you to leave?

Good cause eviction legislation

Easier way to report unfair rent practices

Legal protections for long term tenants (needing better reasons for eviction)

Available Resources

Not Knowing what resources you have access to Back rent fund and case management for housing stabilization

Not Being Able to Pay Rent

Housing that seemed affordable is not because of additional fees Funding for back rent

Repairs

Landlords won’t repair the house, tells you to move if you have a problem with the housing

Landlords make tenants pay for the materials for the repairs

Landlords may not hire certified repair professionals.

“Patch-up jobs”

Is it worth it to go to court for repair issues and miss work/cause unnecessary stress or should you just hire a professional on your own? Trade-offs.

Complaining about housing could lead to “get out” threat

Landlords don’t complete repairs and still try to get you to leave

Landlords create habitability issues

Tenants need to keep all receipts, landlords may take out cost of repairs of your rent

Logging any personal costs, interaction dates, repairs, etc.

30 days is too long to repair anything, need the shorten this time frame

Require receipts and documentation of any costs/repairs from landlords, making that the norm

Transparency of licensing from maintenance professionals

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Landlords who don’t make the house habitable, creating revolving door

Landlords shutting off utilities or not repairing them

Landlords denying habitability issues

After Eviction


Moving out

Eviction makes people panic, feel pressured to leave and don’t know they have more time than they think. Don’t know the law

Getting assistance with moves after eviction

Assistance in financial reimbursement for the move if the eviction was not the tenant’s fault

Not having enough time to vacate the property and find a new home

Finding a New Home

Reasonable and safe short term housing available affordably after eviction, rather than a shelter

Having shelters be more accommodating, safe, and comfortable for people with disabilities and everyone

City-funded affordable housing

Outreach to those who have experienced eviction

More affordable housing in general

Get quick access to other houses to live in

Legal Consequences/Solutions

Engagement with people who are homeless and in shelters who aren’t aware of what happened and the legal implications

Prevention and accountability for landlords who push people out

Track illegal evictions

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II. Municipal Court Background: These focus groups took place on January 2 and January 16, 2018. Participants were those who worked in landlord-tenant court. 19

people attended.

Summary: In both focus groups with the Municipal Courts, participants noted that both landlords and tenants come into court with

misconceptions about rights and responsibilities, and about the operations of the court. These misconceptions include the tendency for both

landlords and tenants to sign leases without understanding their content completely. Participants also highlighted issues of habitability and

repairs, in which, due to the need to find a home, tenants may be forced to accept substandard conditions. Participants noted that L&I may not

have the resources to tackle the large scale of necessary inspections.

When discussing solutions, participants emphasized the importance of relationship building in both prevention and problem-solving. The group

discussed the benefits of increasing use of the mediation process, especially in cases with unbalanced representation, in order to preserve the

relationship between the landlord and tenant. In order to increase the regulation of lockouts, the group also suggested educating the Police

Department about the process, particularly about the role of the landlord-tenant officer.

Notes:

Before Eviction


Leases and Move-in

Non-standard move-in procedures

Lack of affordable housing leads those in need to accept

substandard options

Insufficient L&I workers to tackle scale of inspections

Tenants who move out without exiting lease are responsible

(legally, financially) if remaining tenant gets evicted

Co-signer misinformation: some may sign without understanding

potential responsibilities (legal, financial) and consequences

More oversight or regulation of pre-move-in inspection

o Standardized move-in checklist or lease

If targeting recidivism in landlords, take into account number of

properties (percent filings rather than absolute)

Expand distribution of L&I Handout: “Partners for Good Housing”

Habitability and Repairs

There exists a subpopulation of “system beaters” on both sides Increase pre move-in inspections

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o Tenants that accept substandard conditions with

understanding of only paying up front

o Landlords do not invest in repairs knowing they would

remain substandard

Landlord/Tenant Communication

Lack of communication/miscommunication

Out-of-state landlords make communication with tenants more

difficult, less personal as usually dealing with a representative

It is critical for a relationship to be built pre-conflict


Gap in knowledge of rights, responsibilities, and protections

Transfer of erroneous knowledge on both sides (he said/she

said)

Additional regulations are passed without accessible

outreach/public service campaigns

Legal & financial education programs

o Geared at both tenants and landlords

Community outreach workshops, publicity campaigns

Partner with City Council members for outreach at town halls

Require classes/education (like Section 8) to receive rental

license

High school (Seniors) information sessions on first-time

renting, budget counseling

o Curriculum: What is a lease? What is in/should be in a

lease?

Use existing organizations to give & get information:

churches, community centers, etc.

During the Legal Eviction Process


Serving the Eviction Notice

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Length of time given in notice (21 days) is not sufficient to get

out of a lease and into another

Notices are not clearly (personally) served

o There exists a subpopulation of tenants who may

dodge service of notices

Align and expand modes of serving notices

Landlord-Tenant Relationship

Lawyers approach the process with a winner-take-all

mentality

o This forgoes any potential of developing a lasting

relationship or a compromising solution

Encourage relationship building and a solutions-oriented

mindset

Mediation

Lawyers, landlords, and tenants, and tenant advocates

approach mediation with negative perceptions of the process

The mediation program is underutilized

Difficult to keep tenants calm and clear-headed in a

crisis/emergency mindset

o Especially important when they decision making and

negotiating.

Power dynamics: tenants are nervous in mediation sessions

and may agree to terms that are unreasonable

Mediation is a flexible resource for both parties to

communicate openly and to come to agreement

Mediation team can better communicate what it does

o Market success stories to build credibility of in-Court

processes and resources

Encourage utilization of mediation especially in cases with

unbalanced representation

Resources and Outreach

Develop financial education program as part of payment

agreements

Increase capacity of Landlord-Tenant Help Center

Target interventions prior to crisis

Education and workshops on tenant’s rights

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Employ financial counseling through organizations like

CLARIFI in tandem with courts

Understanding the Legal Process

Tenant misinformation: court fighting against preconceived

notions of the courts as good (providing legal advice, which

they cannot) and as bad (performing enforcement, which they

do not) – that are hard to break

o Court has to remain neutral, third-party, framing issue

First Filing: landlords are unaware of the requirements to file

a Complaint

o Then complain there is very little education available

with respect to the significant expectations that

govern their work

Second Filing: Tenants do not understand the terms of

agreement or resolution they signed or the process of

petitioning

Attorney misinformation: there are many non-Landlord-

Tenant attorneys who are working with limited knowledge

o This may hurt the tenant’s chances of receiving a

positive outcome

Tenant misinformation: many tenants willing to believe

“dinner table” advice from neighbors or friends over legal

advice or information from courts distrust of power

o You are facing human nature; If you receive

information that is inconsistent with what you know

or what is uncomfortable, people may ignore or act

against

o E.g. People are not comfortable saying they can’t

afford the agreement repayment terms. Regardless,

Education: of all parties involved

o The more they know, the smoother the process

Education: existence and purpose of the Court Mediation

program

Refer parties to courts for information, leverage existing

court information network

Bar Association to offer regular CLE credit classes for

landlord-tenant law

o Promote informed legal representation

Strengthen reporting of misinformed or unscrupulous

attorneys to disciplinary board

o Prevent uninformed attorneys from continuing

without education

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they sign the agreement to remove themselves from

the uncomfortable situation.

“Professional tenants” who take advantage of loop holes, who

game the system

Misinformation: Consequences of delaying or breaching a

Judgment by Agreement (JBA) are not clear

Misinformation: people feel there are not options in court

hearing

o Binary – “yes, can stay” OR “no, must leave”

Systems-level Communication

Open communication with Fair Housing Commission

Increase communication and institutional knowledge

between law enforcement divisions

o e.g. between Landlord-Tenant Officer and Sheriffs’

Department in illegal lockouts

After Landlord-Tenant Court


Lockouts

Enforcement misinformation: Police department not aware of

proper procedure and communication with Landlord-Tenant

Officer/Court Orders

Little regulation: for landlords on tenant property storage

upon service of the Alias Writ

o Common issues: landlord throwing away, stealing

property as retribution; tenant asking for property

much later; neither side documenting the value of

belongings clearly

Educate law enforcement in landlord-tenant law and the

existence/role of the Landlord-Tenant Officer

Give police open access to a data base with Alias Writ service

status

o Protect against unlawful lock-outs

Create a statute to regulate tenant property storage following

an eviction

Promote best practices for move-out documentation

procedures

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o Receipt for walkthrough, transfer of keys

Promote Judgment Satisfaction documentation procedures

o Petition stating that the judgment was paid, tenant

moved, etc.

Finding a New Place to Live

Create a list of “approved” residential units – good landlords,

reputable properties

o Increase capacity & effectiveness of transition plans

Security Deposits

Little regulation: on security deposit return as “normal wear

and tear” is vague

Promote security deposit, post-move procedures

o Must provide forwarding address

o Increase education around difference between

security deposit and last month’s rent


Increase/expand data gathering in eviction cases, use

information to target underlying factors that led to a

crisis/eviction

Send notices to guarantors & co-signers to prevent

miscommunication or ignorance

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III. Landlords

IV. Municipal Court Bar Committee Background: This focus group was held on January 29. 13 attorneys from the Bar Association’s Municipal Court Committee participated.

Summary:

Notes:



Changes around Certificate of Rental Suitability legislation is

not well communicated

Disparity in expertise and knowledge of the system

o In mediation, tenants are relied on to come up with

their own judgment

Systems

Judges may not be consistent in application and interpretation

of the law

Leases and Licensing

process of citing violations is barrier to tenants and timely

receipt of those citations is barrier to landlords

Legal Representation

Tenants are vastly unrepresented

V. LGBTQ Advocates Background: This focus group was held on February 6, at William Way Community Center. 10 participants attended.

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Summary: LGBTQ advocates expressed the importance of bringing trusted housing advocates and eviction prevention service providers into

LGBTQ spaces where clients can feel safe. Trans folks and LGBTQ youth especially may feel that the legal system is not built for them, and

therefore be resistant to going to Municipal Court or contacting legal services providers, even when their landlords are harassing them, or they

have been wrongly evicted. The group discussed the importance of licensing landlords, and of using licensing requirements and inspections to

hold the landlord accountable for making repairs. However, participants also noted that many of their clients rent from low-income landlords

who remain purposefully unlicensed, and expressed concern about losing these housing options, despite poor conditions. The group also

emphasized that trans people of color especially feel the harmful effects of these issues.

Notes:



Often when the word eviction is mentioned, people will clean out their things and run. People see an eviction notices and think they have to be out immediately.

Folks from the Interfaith Hospitality Network can be useful housing resources. But queer and trans folks may not think to access these religious spaces, though some may be affirming

Domestic violence and lack of police response, lack of knowledge of related rights

It is important to create uniformity in how social workers are educated about the eviction process

The onus should be on the landlords to get education about LGBTQ rights. There should be consequences for landlords.

Easy-read brochures exist. How can they be accessible?

When given your key and lease, should also be given description of rights

Systems

LGBTQ folks in housing crisis may be more likely to turn to trusted LGBTQ organizations than to housing organizations

In terms of legal assistance as well, LGBTQ folks will reach out to known and trusted networks. Referrals often work by having a warm handoff directly to a queer person. For example, Barret often has people referred directly to them.

Maybe housing resources could be brought in, instead of sending folks out to them

Connecting folks with known partners who will, for example, use the right pronouns all the way through the process

Could be useful to have an LGBTQ community meeting to talk about housing

Create a system of trusted housing people. Connect LGBTQ resource people to housing resource people.

LGBTQ service providers can have housing rights presentations

The Legal Process

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Trans folks tend to not want to get involved with the court system, in part because of the required use of a legal name.

Trans folks may not want to out themselves in court, especially young folks

Trans folks are used to being discarded. They may be afraid to get involved in legal assistance, especially if in recovery

Folks may have other legal issues going on, especially trans people of color, who are disproportionately represented in the criminal justice system

People being evicted do not know the law and feel outside it

In the past, there has been a training for Municipal Court staff, but there should be another training for Municipal Court staff and legal services staff

Harassment and Discrimination

Housing can be especially difficult for trans folk in recovery/treatment. There can be flat out discrimination against trans folks. If someone’s home becomes a gathering space for other trans folks, it may start to be viewed as a problem by the landlord/neighbors

There is also discrimination against youth o Often, especially for addicts, there is just a verbal “I’m

gonna boot you”

Purposeful mis-gendering can be used as harassment and part of the eviction process

Landlords are often cruel, and disrespectful. There should be a way to report his, and punishments for landlords who have forced someone out.

o If the landlord or a neighbor uses a slur, this is harassment. Tenants should be trained and educated on what illegal harassment is

Landlords who harass don’t get punished because there is so little housing

There are exploitative landlords who purposefully take advantage of vulnerable populations

Undocumented folks are especially vulnerable

It would be useful to have a database of places that will rent to queer, trans youth

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Trans people of color are affected by these issues way more than anyone else

Gentrification

Eviction when the landlord wants to sell the property because value is rising, especially in North Philly

Good cause eviction would help to prevent gentrification, but the rent can still be increased

People may be held hostage by the threat of gentrification: the landlord says they could raise rent and won’t but also won’t do any repairs

Squatters rights are especially important for young folks

There is a gap between privileged and non-privileged queers

White LGBTQ folks are often gentrifiers. Should talk to people who are buying up West Philly homes

Housing programs where folks can make repairs in place of rent, or in exchange for a reduced rent

Youth

Youth homelessness/unstable housing destabilized the young person’s life

Youth especially may not understand rights. They need an advocate, otherwise situations feel inaccessible and impossible to get out of. They may feel “the process is not meant for me”

The way we reach out to youth is not always youth centric. We should use youth minds to reach out to youth. Organize with young people where we know where they are. Youth should be representing themselves directly at tables like these (this focus group)

Engage youth in spaces where youth are organically organizing

o YALC

Have housing resources come out of youth spaces, not housing spaces

Prevention Resources

Some prevention resources require income documentation, which won’t be possible to get for people who have non-documentable income

Fund for queer folks who are behind on rent and need one time assistance

Housing needs to come in combination with other services

Post Eviction and Finding Housing

It may be necessary to get a landlord recommendation to be able to find housing again

Could LGBTQ folks or young people be elevated in CEA-BHRS?

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Evictions go on someone’s record, making it hard to get housing again. Is there a legislative fix for this?

For CLS and HAP, people experiencing eviction have gotten turned down because of their relationship with Project HOME. This issue has been solved, but should be looked at across the city to make sure this isn’t occurring elsewhere

Many times, folks are experiencing homelessness in the form of couch surfing, which may not be counted as homelessness by service providers

Trans clients do not tend to want to go into the OHS system

Habitability Issues, Leases, Unlicensed Landlords

There are landlords who rent horrible rooms with extreme habitability issues to queer youth, and especially trans people of color.

They accept cash only and provide no receipts.

Landlords may refuse to give receipts

L&I doesn’t pull a rental license when there’s a violation

There are low income landlords who intentionally don’t get licenses. There are tenants who rely on these places. What happens when these places go away?

Youth may be experiencing intimate partner violence, and contributing to rent but not on the lease.

When licensed, a landlord should get a list of resources and responsibilities

VI. Immigrants, Refugees, and Limited English Proficiency Background: This focus group was held on February 12 at the Nationalities Service Center. 10 people, mostly advocacy workers, attended.

Summary: This discussion focused largely on discrimination, harassment, and housing conditions. Participants explained that in their experience,

evictions with immigrants and refugees do not make it to the formal Municipal Court eviction process. At the first threat of eviction, tenants will

leave. This tendency is related closely to harassment and poor housing conditions. When landlords refuse to make necessary repairs to make the

property habitable, tenants may begin to take action. However, upon this action, some landlords threaten to disclose tenants’ immigration

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status to ICE. Even when tenants are working with legal assistance and know their rights, a threat from the landlord can be enough to force the

tenant to stop fighting for repairs, or to leave the property.

Notes:


Education & Outreach

Provide training to landlords about housing immigrants & refugees.

Provide training to immigrants and refugees around property

ownership, rental.

Systems

Initial, one-time resettlement cash assistance (~$925) is insufficient to cover up-front rent deposit (3 months: first, last, security deposit) in Philadelphia.

The time between resettlement notice and client arrival can be very short, which puts stress on NSC to find adequate housing in the given time.

Federal disinvestment in immigrants and refugees puts burden on private foundations to fund programs.

Rental market is volatile enough that immigrants and refugees

are not a commodity because there are others willing to rent

without perceived risk.

The resettlement program integrates individualized case management, financial education and budget counseling services.

Immigrant and Refugee tenure tends to be long as there is a high sense of ownership, rootedness.

City to provide rent-insurance for housing immigrants and refugees.

Employ shorter-term leases to reduce buy-in for housing immigrants & refugees.

Develop database of immigrant, refugee-friendly landlords and

properties.

The Legal Process

Court notices are in English & Spanish, but many languages are not captured.

NSC has not seen any clients experience eviction; immigrants and refugees are more likely to leave “under the cover of darkness” to avoid court process and for fear of retaliation/deportation.

For those seeking citizenship or VISA application, an

eviction/open litigation halts the process. Even if a client

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wanted to make their case (with Fair Housing Commission) it is

not seen as beneficial.

Language Access

Translation of individual leases is complex and usually completed by an external service (telephonic).

Legal terminology, implicit cultural norms around property rental and contractual agreement might be different for those from other cultures, languages.

Sign-up/transfer of utilities and subsidy programs is not language accessible.

Utility & enforcement agencies are not well-trained or equipped to support non-English speakers.

Long-term communication between landlord and tenant relies on NSC as the mediating party.

Dialogue around repairs or security deposit return are specialized and conversational.

Employ or incentivize use of a standardized model lease with simple-language that can be translated and tested in many languages.

NSC provides template text/emails & scripts for tenants to

communicate in process of rent collection

Harassment

Threats are powerful even when individuals are legally-residing and/or represented by CLS.

Discrimination based on language, race, country of origin, etc. can be difficult to prove.

Landlords threaten to disclose a tenant’s immigration status

Housing Standards and Habitability

Clients fear retaliation if they request repairs so they accept substandard conditions

Landlords take advantage of not having to make repairs for immigrants and refugees, and use racial discrimination to justify tenant-responsibility for damages

Advocates/NSC are hesitant to report conditions to L&I for fear of retaliation against their clients and for fear of burning bridges with the network of trusted landlords they rely on to secure housing

Fee’d Housing Inspection programs like those in Ben

Salem, West Chester, and King of Prussia provide

mandatory inspection prior to new tenancy.

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In most leases, the landlord is only responsible for pest extermination for the first 30 days. Often, they employ cheap, short-term traps and remedies. Inevitably, when pests return in the long-term, the burden falls on tenants

VII. Disabilities Advocates Background: This focus group was held on February 14 at Liberty Resources. 15 people attended.

Summary: Participants discussed the lack of physical accessibility in both affordable housing and the shelter system. Participants also

emphasized a lack of language accessibility for the deaf community in Municipal Court, and throughout the service provider system. The process

for requesting an interpreter in Municipal Court can be unclear. Communicating with the deaf community exclusively through writing is not a

solution to this, as some in the deaf community may not have a high reading level. Throughout the system of service providers, participants

emphasized, clients with disabilities are often dropped off at Liberty Resources with insufficient explanation, for services Liberty Resources may

not be able to provide.

Notes:


Education & Outreach

ASL is the primary language of some in the deaf community. As a result, some have a low English reading level.

Letter, leases, court paperwork, and L&I documents are not accessible without proper interpretation services.

Many in the deaf community are passive and accept non-compliant conditions to avoid stress of the process. The burden to find proper resources and services falls on the people with disabilities.

Many in the deaf community are not aware of the eviction

process and support services available as much of the

information and resources is not accessible to them.

Targeted, accessible outreach campaign on the eviction

process and tenants’ rights and responsibilities, especially

those for people with disabilities.

Interpretive Services, Accessibility Accommodations

Those with psychiatric disabilities are hesitant to enter shelter system.

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Shelter system’s physically-accessible entrances are often not integrated or dignified (e.g. through alleys or loading docks).

PHA is slow to make accessible accommodations, including repairs and communication systems (e.g. compliant fire safety/alarms and video relay systems).

Unwillingness of many to problem solve in-person. Instead,

many are immediately referred to Liberty Resources

irrespective of the significance of the situation.

Harassment & Discrimination

Responses such as “take the document home and get help to do it” do not promote dignity or independence.

Landlords may harass and discriminate, exploiting the fact that some people with disabilities are not able to speak up for themselves (e.g. put payment for reasonable accommodation repairs on tenant, or differential treatment).

Repairs are sometimes completed without proper notice or confirmation, which can alarm someone who is deaf or hard of hearing.

Unlicensed landlords are unlikely to sign rent-rebate forms.

Liberty Resources can notarize rent-rebate forms with proper

receipts and documentation.

Court Process

The process to obtain proper interpretation services is not made clear on the Notice to Quit or Complaint.

Interpretation and support may take some time to organize, so people with disabilities must act quickly before hearing.

ADA complaints fall under federal jurisdiction, and thus are removed from the local process.

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