Boulder, CO Votes in Favor of Free Legal Representation for Tenants Facing Eviction in Court
The pandemic has undoubtedly been the catalyst for a renter's crisis around the nation, and this past election, the state of Colorado voted on a ballot initiative to ease the burden of those struggling to pay their rent. The measure, No Eviction Without Representation (NEWR), sailed to victory with a margin of 59-41 percent. Of 55,251 voters, a resounding 32,334 were in favor of passing the bill. NEWR started as a citizen-led initiative that garnered over 3,500 verified signatures. After several amendments, the proposed legislation went in front of voters.
This is not the first law of its kind in our nation. Similar programs are already in place in cities including Philadelphia, New York, Cleveland, and San Francisco.
What Does NEWR Mean for Tenants?
According to a recent survey done by the U.S. Census Bureau during the first week of July 2020, nearly 25.3 percent of the adult population either missed their May rental payment or were late on their May rent. As the pandemic rolled on and over 35 million people found themselves suddenly unemployed, that number of missed rental payments continued to tick up.
Groups most at risk continue to be minorities, with single African-American women among the hardest group hit. With eviction looming, many faced the grim reality of homelessness. Several states stepped up early on to put temporary eviction moratoriums in place, and the federal government later followed suit. Currently, the federal government has an eviction moratorium in place through December 31, 2020, for those facing eviction due to the pandemic.
Once the eviction moratorium runs out, legislation like NEWR will allow struggling tenants a fighting chance to remain in their homes. Less than ten percent of those who get summoned to court for eviction have access to adequate legal representation. On the other hand, over 88 percent of the landlords who take tenants to court are able to show up with legal representation. This imbalance of power in the courtroom often results in tenants losing the opportunity to stay in their rental. Often, a select few attorneys represent full housing complexes and landlord associations. And because these attorneys become a staple in the court system, they will often develop relationships with judges, clerks, and other county officials that help sway favor towards landlords.
Tenants, on the other hand, can easily be intimidated by the court systems. Many might not understand how to navigate the legal system and may give up before even starting by not appearing in court. Without adequate legal representation, tenants might not be aware of the different options they have, including negotiations to work out an agreement between themselves and their landlords.
Is The NEWR Legislation a Step in the Right Direction?
Critics of the NEWR legislation emphasize that it is a temporary band-aid on a much larger issue.
During the early months of the pandemic, eviction moratoriums only kicked the can down the road as renters would still be responsible for rent payment. The only difference is that when rent is due, it would be an accumulation of all back payment, a staggering amount that would be an impossible feat for an individual who is struggling to pay monthly rent in the first place.
Unsurprisingly, a Boulder group representing landlords, Boulder Area Rental Housing Association (BARHA), opposed the legislation. President Todd Ulrich did share a message of support by stating:
"We are pleased there will be additional resources for those residents in need. BARHA sincerely hopes this effort will produce the intended results. We look forward to working with the city, and learning more about the logistics of this new program."
While NEWR provides a glimmer of hope for Boulder tenants, the battle is far from over. There is still hesitation and anxiety amongst tenants, landlords, and the court system once the federal eviction moratorium runs out.
Additionally, the city will still need to work out the logistics of how this new legislation will be implemented. Boulder will need to develop plans for creating a new position to disburse funds and seat an Advisory Board of Renters. It is not yet clear when the plans are set to start, but the city has shared that they will do so as quickly as they can.
