Vermont Eviction Defense Project Highlighted in National Study of Pro Bono Impacts
Contact
Carl Rauscher
Director of Communications and Media Relations
rauscherc@lsc.gov
202-295-1615
WASHINGTON—Legal Services Vermont’s (LSV) Pro Bono Clinic Project is featured in a Legal Services Corporation brief released today that showcases the critical role of pro bono attorneys in eviction defense.
The findings are part of a congressionally-directed study, The Effect of State & Local Laws on Evictions, to investigate the unmet legal needs surrounding the eviction crisis in the United States.
Prior to the pandemic, there were about 1,700 eviction filings in Vermont each year. A 2019 study found that in 75% of eviction cases in Vermont, the landlord was represented by a lawyer and the tenant was not. Additionally, 75% of cases resulted in the tenant being evicted. Now, with many people facing economic hardships brought on by the pandemic and the expiration of renter protections, the number of eviction filings is expected to continue to rise.
In the U.S., about one-in-three renter households will experience a housing-related civil legal problem such as eviction in a year, but the vast majority will receive little or no help in navigating their legal issues. Currently, family law cases get much more support from pro bono attorneys than housing cases, even though rental-related issues are one of the most common civil legal problems.
Nationally, landlords are four times more likely to be represented in eviction cases than tenants. Better leveraging pro bono services for tenants facing eviction is essential to addressing the eviction crisis. Without representation, most tenants will lose their cases and face eviction. However, access to representation flips the odds, with a large majority of tenants who receive legal services able to delay or avoid eviction.
In 2017, LSV expanded its Pro Bono Clinic Project, which originated in Chittenden County, to include Rutland, Addison and Washington counties. Vermont's Civil Division Courts and Vermont Legal Aid supported the expansion to additional counties.
The project provides limited scope representation to tenants at the rent escrow hearing – the initial court appearance that significantly impacts the case's outcome because it provides an opportunity to settle or identify important interests to each side. The court block-schedules rent escrow hearings for times when pro bono attorneys volunteer at the courthouse. To ensure volunteers receive the training and resources needed to effectively handle a rent escrow case, LSV provides a comprehensive toolkit.
From 2017 to 2019, LSV saw an average increase of 51% in clients served through the clinic. A study by the University of Vermont found the pro bono clinics reduced the length of time that housing cases were pending before the court, produced more positive outcomes for clients and increased the courts' efficiency.
To learn more about this and other model programs and the challenges pro bono attorneys face in eviction cases, read the full brief here.