Expanded Protections in the Eviction Process

Expanded Protections in the Eviction Process

This is part of our Expanding Tenants’ Rights series, which explores options for legal changes that would benefit tenants and tenant organizers.

Lesson Objectives

01

Learners will understand the concepts of legal protections for tenants in eviction court.

Learners will understand the current situation of these rights in Texas and the possible forms these rights could take.

02

03

Learners will be able to connect these rights to their organizing.

Image: Adobe

Expanded Protections in the Eviction Process

• When the eviction reaches the court stage, Justices of the Peace (JP) are in a unique position to heavily influence the balance of power between tenants and landlords
• Across the country, and especially in Texas, that balance of power is strongly tilted towards landlords, but it doesn’t have to be.
• Over the next few slides, we’ll discuss just a few reforms and best practices that would create a more equitable eviction process in the courts.

Image: Adobe

Expanded Protections in the Eviction Process

The following are already required by law and vital to due process in the justice system, but are often neglected by JP courts across Texas:

• Ensure both parties are sworn in: Swear both parties in before hearing any testimony, even if the defendant is not present.
• Confirm occupancy: Confirm that the tenant has not vacated by the hearing date.
• Notice to vacate: Confirm that the notice to vacate was given, how it was given, and if the appropriate time frame was honored before the eviction petition was filed.
• Hear the defendant: Allow defendants to speak. Provide resources about the judgment issued and next steps as well as community resources if the tenant is facing homelessness.
• Verify the amount owed: For nonpayment cases, verify the amount that is owed and the monthly rent.

Image: Adobe

Expanded Protections in the Eviction Process

• The following are some of the reforms that could make court more accessible to everyone:
• Language justice and better communication: Providing all information in English and Spanish, ensuring interpretation services, reminders on court dates and all information being in clear language
• Better and more flexible scheduling: limiting how many cases can be heard in a single docket and allowing people to attend their hearings virtually or over the phone
• The following reforms would provide material support to tenants in avoiding eviction judgments:
• Using the court to connect tenants with community navigators and rental assistance, assisting in negotiating payment plans, and ensuring tenants a right to counsel

Image: Adobe

Over the next few slides, we’ll be watching clips from “Our Rights! Our Power! The Right To Counsel (RTC) Campaign To Fight Evictions In NYC!”, a documentary made about the fight for the right to counsel in New York City.

Right to counsel would be one of the most important victories in eviction court – watch the clips and then answer the questions that follow about how organizers won this right.

For this slide, watch from 0:00 to 1:20 in the above video

For this slide, watch from 15:55 to 20:43

For this slide, watch from 22:36 to 24:20

For this slide, watch from 28:17 to 38:07

For this slide, watch from 45:17 to 48:17

References

Full RTC documentary

RTC Coalition Organizing Materials

NCSC Eviction Court Reforms

https://texashousers.org/2022/03/15/justices-of-the-peace-best-practices/

https://texashousers.org/2022/05/03/justice-of-the-peace-courts-ignore-texas-supreme-court-order/

https://texashousers.org/2022/05/17/last-month-in-texas-evictions-texas-housers-may-2022/