eviction prevention project proposal - arizona

Eviction Prevention Project ProposalPublic Hearings:

July 31 in Phoenix

August 2 in Tucson

Presenter

Presentation Notes

Welcome and Introductions Do we have the press with us today? Any mgmt. company personnel?

The Problem: Nationwide

According to sociologist Matthew Desmond, it isestimated that 2.3 million evictions were filed in theU.S. in 2016 — a rate of four every minute.

"Eviction isn't just a condition of poverty; it's a causeof poverty," Desmond says. "Eviction is a direct causeof homelessness, but it also is a cause of residentialinstability, school instability [and] communityinstability."

Presenter

Presentation Notes

The aftermath of an eviction can affect all aspects of a family’s life. Families might lose their belongings if their possessions are dumped on the street, they might struggle to find good housing with an eviction filing on their court record, they might need to move to a less safe neighborhood, and kids might need to switch schools midyear. Evictions can also put people’s employment and mental health at risk.

The Background: Maricopa County

A series of articles recently published in TheRepublic|azcentral.com describe a growing housing crisisthat continues to contribute to a cycle of poverty across thestate of Arizona, in particular Maricopa County.

The articles detail how eviction has continued to increase,particularly in Phoenix, and how the enforcement processcalled a Writ of Restitution has skyrocketed.

In the article ‘Here for Eviction’, it states, “As the country fellinto and climbed out of the Great Recession, eviction ratescontinued to rise, growing into the steady rhythm ofAmerican poverty.

Presenter

Presentation Notes

In 1996, Maricopa County's Justice Courts ordered 5,542 evictions. Those same courts processed 22,231 evictions in 2016, pulling people from their homes and plunging them into a rental market with few options” Metro Phoenix ranked the 9th most unaffordable city for renters nationally, according to a SmartAsset study.

Presenter

Presentation Notes

When families struggle financially, so do their communities. The financial health of a city is closely intertwined with that of its residents. Financially healthy residents are better able to weather difficult times, are less likely to need city supports and services, and can contribute more to the local economy by supporting property, sales, and income taxes.

Precinct 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 TOTAL

Agua Fria Justice Court 481 520 521 540 713 1012 729 1110 1090 58 625 1928 1991 511 440 376 333 346 13324

Arcadia Biltmore Justice Court 1062 1138 1515 1644 1629 1590 1633 1392 1138 1012 1561 1731 1268 1710 1302 1085 1158 1576 25144

Arrowhead Justice Court 195 279 369 373 428 495 474 557 611 863 707 685 817 466 487 459 389 435 9089

Country Meadows Justice Court 2050 1663 1399 1257 2089 8458Desert Ridge Justice Court 309 386 368 516 736 841 564 649 833 5202

Downtown Justice Court 383 406 399 480 493 485 274 725 959 945 708 776 892 905 681 651 656 727 11545

Dreamy Draw Justice Court 181 689 724 545 909 1363 1322 1613 1074 801 735 647 706 11309

East Mesa Justice Court 496 676 701 740 929 835 527 809 992 546 485 1497 1283 979 1217 1098 842 629 15281

Encanto Justice Court 20 1 18 8 4 30 745 1865 1021 890 1425 1640 1723 1760 1702 1417 348 695 15312

Hassayampa Justice Court 13 16 26 28 77 138 309 440 419 532 391 391 453 327 399 259 471 299 4988

Highland Justice Court 910 949 424 606 277 235 472 459 493 4825

Ironwood Justice Court 2 2 2 2 1 4 2 7 10 3 7 3 12 8 11 76

Kyrene Justice Court 553 701 860 705 747 896 1399 1603 1280 1484 2014 1079 1127 762 1045 783 1042 799 18879

Manistee Justice Court 1522 1791 1639 1529 1726 1773 750 1498 1424 1261 1640 1419 1853 2248 3113 2043 1882 2346 31457Maryvale Justice Court 831 610 542 689 778 816 175 266 1664 842 978 995 1391 2049 2402 2260 1271 1447 20006

McDowell Mountain Justice Court 21 13 10 11 178 346 482 238 464 724 819 723 403 313 323 328 546 5942

Moon Valley Justice Court 2 265 1535 1900 1282 1037 1268 1952 1779 2343 2651 1454 1650 1852 20970

North Mesa Justice Court 308 366 392 373 486 514 1083 932 996 863 591 995 946 905 745 707 706 733 12641

North Valley Justice Court 925 1241 1148 1068 1336 1212 172 231 885 407 22 30 201 576 582 882 1106 1054 13078

San Marcos Justice Court 584 715 904 1019 904 938 921 1511 1199 803 881 988 103 303 1144 712 762 1301 15692

San Tan Justice Court 167 375 466 462 592 645 893 999 817 374 418 322 282 508 637 738 582 699 9976

South Mountain Justice Court 66 250 208 281 428 803 772 134 302 766 1870 1775 2382 2278 2033 1659 1499 1338 18844

University Lakes Justice Court 411 433 386 498 507 567 470 543 463 828 1069 1318 1220 1538 1062 1154 1322 1286 15075

West McDowell Justice Court 407 423 403 564 510 571 488 1184 1651 1197 1118 1377 1517 1265 921 982 834 849 16261

West Mesa Justice Court 859 1074 1211 1427 1335 1513 1494 2157 1342 1089 1155 1030 900 630 2195 2141 1687 1614 24853

White Tank Justice Court 87 102 123 140 249 289 145 204 292 24 109 467 316 383 236 394 343 306 4209

GRAND TOTALS 9393 11132 11843 12581 13873 15746 16024 21270 20610 18415 22464 25338 25905 26993 28850 24759 22231 25009 352436

Writs of Restitution Across Maricopa County- 2000-2017

Presenter

Presentation Notes

There are 26 justice courts in Maricopa County. Country Meadows and Manistee have the highest number of Writs of Restitution at over 2K each. These are the two courts we’re planning on focusing our efforts and study the outcomes and data.

The Background: Pima County

The metropolitan center of Pima County, Tucson, is rankedthe eighth poorest city in the nation.

Housing issues are the largest unmet need in the community. Poverty, the housing crisis, and access to justice intersect at

the Pima County Consolidated Justice Court, where housingcases are heard.

Over 13,000 eviction hearings are calendared every year inPima County

Tucson back ground information provided by Step Up to Justice HOME Program

Year Evictions Filed Writs Granted

2015 13,147 3,397

2016 13,155 4,150

2017 13,312 3,937

2018 5,595 1,795

Presenter

Presentation Notes

Tucson does not have justice courts, they have a consolidated court system. 43 percent of social service providers in Tucson reported being asked for help with needs related to housing. These local statistics are at the extreme end of a national housing crisis. So far this year on target to exceed previous year’s numbers.

District Total Population4 1113387 744666 1335719 1316232 1011608 832435 1521801 11394810 680343 10699

Pima County Justice Precincts Map (By Total Population/2017 Evictions)

2017 Evictions

Precinct Evictions8 9796 9309 8785 6362 6351 2574 244

10 38

The Background: Balance of StateCounties with the largest numbers of evictions: 2017Pinal 2239

Mohave 1038

Yuma 638

Yavapai 588

Coconino 487Cochise 393Santa Cruz 294Gila 200

2239

1038

638

588

Presenter

Presentation Notes

At this time will probably focus on the 4 counties with the largest numbers of evictions.

Eviction Process in Arizona

By Arizona law:

The day after rent is due, the tenant can beserved with the “5 Day Notice to Pay orQuit.” This is the first step in the legal processto evict the tenant.

There are only two ways to legally serve noticein the state of Arizona: Personal Service orCertified Mail.

In the state of Arizona, a letter sent via certifiedmail is assumed to be received 5 days from theday it was sent. So whether or not the tenantsigns for or picks up the certified mail letter, bylaw it is assumed to have been received thatfifth day, and the forcible detainer complaintcan be filed on the 11th day.

Presenter

Presentation Notes

A.R.S. 33-1368 Entire Arizona Residential Landlord and Tenant Act (revised 7-3-15) is on ADOH website. A.R.S. 33-1301 to 33-1381 A goodly portion of evictions, 85%? Are due to non payment of rent.

After a five day notice is legally served:

Tenants have five days to make the payment.

No rent paid, the next step is filing a Forcible Detainerwhich results in an eviction hearing.

No payment agreement made, the judge issues a judgmentfor the landlord, and tenant has 5 days to be physically outof the property.

If after the 5th day the tenant is not out, the landlord canfile for the “Writ of Restitution.”

Presenter

Presentation Notes

Tenants have five days to make the payment. or they remain in violation of the lease. More often than not, the tenant does not appear at the hearing. Landlords have legal counsel 90% of the time, tenants maybe 10% of the time. In the case of IRREPARABLE BREACH, the judge will order that a writ of restitution will issue not less that 12 nor more than 24 hours after judgment (or as soon thereafter as normal court hours allow).

Judge issues a Judgement, a Writ of Restitution is filed:

The local constable’s office is contacted to have the tenantphysically removed. Upon arrival at the property, if the tenantis not physically out, the constable has the responsibility ofphysically removing the tenant.

For a simple non-payment of rent eviction, the evictionprocess usually takes approximately 30 – 45 days from thedate the rent was not paid to the date the landlord assumespossession.

Presenter

Presentation Notes

A Constable works for the court and has similar powers and duties to sheriffs. Upon arriving at the property, a Constable will give the tenants about 10 minutes to pack a bag and leave the property it can take approximately 5 to 7 days for the Constable to actually show up to the property.

Arizona Eviction Case Flow Chart

Our Proposal:

The Arizona Department of Housing is working ondeveloping a collective response to address the highnumbers of evictions happening throughout Arizona andas of today has outlined the following three prongapproach.

Referral

Eviction Prevention Financial Assistance

Legal Aid Services

1) Referral- ADOH will have a toll freeEviction Prevention Help Line. Callers willbe directed to the appropriate resourcerelated to eviction within their respectivecounties. There will be two maincategories of assistance that will beavailable:Financial Assistance and Legal AidService.

2) Eviction Prevention Financial Assistance- This programwould target individuals/households at 60% or below AMIwho have received a five day notice of eviction due to non-payment of rent. Contracted entities will be responsible forscheduling initial interviews, determining eligibility, andfacilitating immediate financial assistance to those whoqualify.

3) Legal Aid Service- Callers may require additional legalservices related to their housing situation/circumstances. Thesemay include things like reasonable disability accommodation,discrimination, unsanitary living conditions, etc. This programwould facilitate access to legal aid when deemed appropriate.

1) Maricopa: Community Legal Services(CLS)2) Pima: Southern Arizona Legal Aid (SALA), Step Up

to Justice3) BOS: DNA, SALA, CLS

Presenter

Presentation Notes

If you owe money, you owe money. Legal representation won’t change that but if there is a need for representation, this program will provide.

Maricopa County

1) In Maricopa County callers will be directed to theCounty Human Services Division for financialassistance and be directed to one of two CAPagencies: Avondale or Surprise.

2) Callers will be directed to Community LegalServices depending on answers to an initial legalassessment conducted by the two CAP agencies.

3) If CLS makes a determination not to intercede ina particular case, they will be directed back tothe CAP for possible financial assistance.

4) It may be a household receives financial andlegal assistance.

Presenter

Presentation Notes

Becuz we’re wanting to focus on the two courts with the highest number of Writs, we’re looing at working with these two CAP’s.

Pima County

1) In Pima County callers will be directed from thecall menu to the Pima County CommunityServices Employment and Training (CSET) forfinancial assistance.

2) Callers will be screened and directed to thedesignated Legal Aid entity.

3) If Legal Aid makes a determination not tointercede in a particular case, they will bedirected back to CSET for financial assistance.

Balance of State

1) In Balance of State (BOS) callers will be directedfrom the call menu to the appropriate contractedentity(s) for financial assistance.

2) Callers will be screened and directed to thedesignated Legal Aid entity when deemednecessary.

3) If Legal Aid makes a determination not tointercede in a particular case, they will bedirected back for financial assistance to thedesignated entity.

The Goal: Facilitate increased access to informative and

efficient Eviction Prevention servicesthroughout the state of Arizona.

Develop partnerships and contract withagencies to provide eviction preventionfunding, collect data, and continue to developbest practices around eviction issues.

Strengthen coordination statewide to measureimpact of Eviction Prevention assistancedollars, analyze data, and develop strategiesfor further program development.

Tenant Education and Resources

https://housing.az.gov/general-public/landlord-and-tenant-act

http://www.azlawhelp.org/subtopic.cfm?mc=3

AZ Court Help

https://azcourthelp.org/video-tutorials

Legal Assistance

Southern Arizona Legal Aidhttps://www.sazlegalaid.org/

Community Legal Serviceshttp://clsaz.org/

Step Up to Justicehttp://www.stepuptojustice.org/

Southwest Fair Housing Councilhttp://swfhc.com/resources/

Presenter

Presentation Notes

Judge Huberman of Country Meadows serves on the Arizona Commission on Access to Justice Committee and chairs SRL-LJC ( SRL-Self-Represented Litigants; LJC-Limited Jurisdiction Courts)

https://housing.az.gov/general-public/landlord-

http://www.azlawhelp.org/subtopic.cfm?mc=3

https://azcourthelp.org/video-tutorials

https://www.sazlegalaid.org/

http://clsaz.org/

http://www.stepuptojustice.org/

Karia Lee [email protected]

Ryan [email protected]

602.771.1017

mailto:[email protected]

mailto:[email protected]

eviction prevention project proposal - arizona

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