eviction defense during the off-ramp: the beginning of …
TRANSCRIPT
EVICTION DEFENSE DURING THE OFF-RAMP: THE BEGINNING OF THE END
Muria Kruger
Elizabeth Kelly
Sebastian Ellefson
AGENDA
2
Defining the Need for Eviction Defense
Advice Clinics: Volunteering at First Appearance Calendars
Full Rep: Eviction Representation
Program (ERP)
VOLUNTEER LAWYERS NETWORK
• For over 50 years, our mission has been to
promote and protect the rights of low-income
Minnesotans through the power of legal
volunteers.
• Areas of focus: Housing, Family, Civil,
Bankruptcy, and Criminal Expungements
• Our job is to support volunteers (you) to fill
unmet legal needs.
3
THE END OF THE EVICTION MORATORIUM
• March 23, 2020 – June 29, 2021: Minnesota had an eviction moratoria (Executive Orders 20-14, 20-73
and 20-79) which halted most evictions except for certain specific circumstances.
• Starting June 30, 2021, evictions are being phased back in.
• Laws of Minnesota 2021, 1st Spec. Sess. Chapter 8, Article 5
• Expecting an influx of cases
• Significant expansion of landlord's right to file evictions.
• Courts are to schedule initial appearances within 7-14 days of the issuing of the summons. Minn.
Stat. 504B.321, subd. 1(d).
• Courts may not be screening to see that only appropriate cases are being filed.
4
COURT CAPACITY HAS BEEN GREATLY INCREASED
HENNEPIN PRE-PANDEMIC
• Approx. 120 evictions/week
• 3 calendars each week with 40
cases/calendar
HENNEPIN DURING MORATORIUM
PHASE-OUT
• Up to 320 evictions/week
• 2 simultaneous calendars each morning
and afternoon with 20 cases on each
calendar
5
Date Landlords can file evictions for
June 30 Tenants that:
Seriously endanger the safety of others;
Significantly damage property; orEngage in criminal behavior prohibited by Minn. Stat. 504B.171, subd. 1 (guns, drugs,
prostitution or stolen property on the premises)
June 30 Tenants that owe rent and refuse to:
Apply for Rent Help MN;
Provide the landlord information necessary to apply for Rent Help MN; orProvide proof of application for Rent Help MN
June 30 Manufactured homes: Evict pursuant to 327C.09 due to endangering the safety of others or
park personnel
July 14 Material breach of lease
Sept. 12 Non-payment of rent for tenants *ineligible* for rental assistance
Oct. 12 For non-payment EXCEPT if the tenant has a *pending* application for rental assistance
June 1, 2022 Non-payment of rent regardless of rental assistance application status
6
Minnesota Session Laws 2021, 1st Special Session, Chapter 8 H. F. No. 4, Article V
Minnesota's Moratorium Phase Out
MAJOR ISSUES FOR EVICTION DEFENSE SCREENING
Proper Notice Proper Service Proper Plaintiff
Properly pled reason for eviction during
the current phase-out timeline
Status of tenant's application with
renthelpmn.org or other qualified organization
For training on the Nuts and Bolts of Eviction
Defense Post-Pandemic, our July 15 training
is available on our website:
www.vlnmn.org/volunteer/housing
7
RESOURCES
• On-demand trainings and
practice tips available on VLN's website.• Eviction Defense during the Moratorium Phase-out
• Eviction Basics
• Settlements
• Reasonable Accommodations
• And many more!
• Renthelpmn.org
• Poverty Law website by Larry McDonough• Treatise of Minnesota housing law
• Eviction Defense Checklist
• Statutes and Rules• Minn. Stat. 504B
• Minn. Gen. Rules of Prac. 601-612 (Hennepin and Ramsey only)
• On-call VLN Staff
8
REPRESENTATION MAKES A DIFFERENCE
9
Fully represented tenants win or settle their cases 96% of the time, clients receiving limited/brief services win or settle 83% of the time, and those without any legal services win or settle only 62% of the time. Data from a 2018 Hennepin County Housing Court study
done by Mid-Minnesota Legal Aid and Volunteer Lawyers
Network.
DATA FROM A 2018 HENNEPIN COUNTY HOUSING COURT STUDY DONE BY MID-MINNESOTA LEGAL
AID AND VOLUNTEER LAWYERS NETWORK.
10
EVICTIONS DISPARATELY IMPACT PEOPLE OF COLOR AND LOW-INCOME FAMILIES
11
In Hennepin County, individuals who were assisted by Legal Aid and VLN during a 2018 study found that
79% are people of color or mixed-race
52% identify as Black or African American.
70% are families led by women
87% have at least one minor child in the home
Data from a 2018 Hennepin County Housing Court study
done by Mid-Minnesota Legal Aid and Volunteer Lawyers
Network.
WHAT IS A FIRST APPEARANCE CALENDAR?
13
First court appearance after
complaint has been filed and served
Potential outcomes
One party wins
Case settled
Case dismissed
Case continued
Case set for trial
Clinics in three
counties
Hennepin County
Anoka County
Ramsey County
ACCESSING CASE RECORDS PRIOR TO COURT DATE
Minnesota Court Records Online
(MCRO)
• Access court documents
• By case number only
• Currently free to all users
https://www.mncourts.gov/Acces
s-Case-Records.aspx
15
WHO’S WHO
16
• VLN Clinic Assistant
• VLN Volunteer Attorney
• VLN Staff Attorney
VLN
Court Staff
• Other Legal Service organizations
• Financial Assistance
• Mediation
Other Service Providers
HOW ZOOM WORKS IN COURT
17
Zoom 0peration in each
County is slightly
different
REMEMBER to
follow all
instructions by court
clerk
Clinic Assistant will notify volunteer
attorney of available cases available legal
services
Attorneys have ability to
move between break out
rooms
Meet with clients
Meet with other
side
Ask court clerk about
entering Courtroom
For hearing
To observe
PROCESS
18
Volunteer Attorney provided with
Level of Services Qualified For (Advice Only, Full
Representation)
Copy of Court documents for case
Potential client completes Intake with VLN Intake Staff
OPTIONS FOR SERVICES
19
Advice Only
• speak with opposing counsel
• negotiate
• make brief, one-time court appearance
Limited Representation
• for Full Rep Referrals are based on attorney availability
• set expectations carefully (VLN cannot guarantee case placement)
Full Representation/Full Rep Referrals
QUESTIONS OR PROBLEMSDURING THE CLINIC
20
VLN Clinic Assistant available to advise and help with technical problems
VLN Staff Attorney available to consult on legal issues
HOUSING COURT CLINIC SHIFTS WITH VLN
HENNEPIN
• Monday – Thursday
• 2 simultaneous calendars
• Morning (9-12) and afternoon
(1-4pm)
• 20 cases each calendar
• Total of 320 cases each week
NEED
1-2 volunteers for each calendar
Total of 32 volunteers each week
RAMSEY
• Tuesday and Thursday
• Morning (8:15-noon)
and afternoon calendar
• Unknown number of cases
NEED
1-2 volunteer for each calendar
Total of 8 volunteers each
week.
ANOKA
• Monday and Wednesday
• Morning calendar (8-12)
• 12-15 cases
• 1-2 volunteers for each
calendar
NEED
4 volunteers each week
21
EVICTION PROCESS
Notice Filing of Eviction Action
Service of Eviction Action
Initial Appearance
Discovery Deadline
&
Trial
Judge Review and
Appeal
Issuance of Writ &
Execution of Writ
Eviction actions are:
• Summary proceedings that move quickly
• Action to recover possession
• Governed by
• Minn. Stat. 504B
• Minn. Rules of Practice 601-612 in Hennepin and
Ramsey Counties.
HOW DO I GET A CASE?
24
First Appearance Calendar
Clinic
Email blast from VLN You email us your interest
STEP BY STEP
1. REVIEW PAPERWORK
• Complaint, service docs, etc.
• Sign rep agreement
• Use Eviction Defense
Checklist
2. INTERVIEW CLIENT
• Get their story
• Is complaint accurate?
• Other factors at play
• Do they want to stay?
• If they want to leave, what
do they need to do this?
**Set expectations with
Client**
3. NEGOTIATE WITH
OPPOSING SIDE
• Move-out date or payment
plan most common
• Always ask for:
-Expungement
-Case caption change
-Neutral reference
• Be creative!
25
STEP BY STEP 3 parallel paths
•Dismissal
• Settlement
• Judgment through Court Trial
Pursue case until
complete
26
HOW DOES A VOLUNTEER ATTORNEY …..
27
Complete a
Representation
Agreement
Use Screen Share on
Zoom to explain
agreement
Use digital signature
service to complete
agreement
See documents client has in
personal possession
Have the Client take a
picture
Client Emails to VLN
Intake Staff, who
emails to Volunteer
Complete and
submit
Settlement
Agreement to
the Court
Use Screen Share on Zoom to
complete document
Provide to Court if option
available
Read into Record
Flexible to determine best way
KEEP IN MIND
• VLN Staff Attorneys always available to talk
about a case
• Client must be in rental unit at time
government funds are received
• Trials may be in-person
28
CONTACT VLN STAFF
Sample Footer Text 29
Muria Kruger, Housing Program Manager and Anoka County Clinics
Beth Kelly, Project Attorney, Ramsey County and Eviction Expungement Clinics
Sebastian Ellefson, Project Attorney, Hennepin County Clinics, Eviction Defense and Repair work
Kait Ripley, Housing Case Placement Coordinator
Brigid Freed, Housing Court Project Coordinator