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.

VOLUNTEERING AT FIRST APPEARANCE CALENDARS

O V ER Z O O M ( A T L E AST

T H ROUGH L A BOR D A Y)

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

PRIOR TO COURT DATE, YOU WILL RECEIVE

14

Zoom linkCourt Calendar

with case numbers and party names

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

FULL REP CASESAKA

EVICTION REPRESENTATION

PROJECT (ERP)

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

• Muria.Kruger@vlnmn.org

Beth Kelly, Project Attorney, Ramsey County and Eviction Expungement Clinics

• Beth.Kelly@vlnmn.org

Sebastian Ellefson, Project Attorney, Hennepin County Clinics, Eviction Defense and Repair work

• Sebastian.Ellefson@vlnmn.org

Kait Ripley, Housing Case Placement Coordinator

• Kait.Ripley@vlnmn.org

Brigid Freed, Housing Court Project Coordinator

• Brigid.Freed@vlnmn.org

QUESTIONS?

30

THANK YOU31