Provide Delaware Families with Right to Counsel for Evictions
Delaware General Assembly
Safe and stable housing is a fundamental human right.
Yet, too often, Delawareans are faced with situations of eviction that threaten their homes, their families, and their well-being. Even more often, people facing eviction are left to navigate that legal hurdle by themselves, without official counsel or legal assistance in a system that’s designed to protect landlords, not the tenants who rely on them for a safe, secure place to live.
In Delaware, 86% of landlords have representation from attorneys or agents in court, but only 2% of tenants have representation.
This isn’t surprising, considering many tenants are facing eviction because of unforeseen circumstances or financial stress that prevents them from being able to afford their rent, let alone hire counsel to represent them in court. Others facing eviction lack the ability to go to court due to employment, child care, or transportation restrictions.
On top of this, tenants have few options for legal aid programs, and legal aid programs have always been underfunded. Any defenses that are available to a tenant are virtually impossible to prove without the aid of a lawyer.
About 33 percent of tenants feel so powerless to fight an eviction that they don't even show up for court, and instead, a default judgment is entered against them. This means they lose their housing even though there may be funding available to help with rent or they may have a valid defense against eviction.
This is why representation in eviction cases matters: When tenants are represented by counsel, they are twice as likely to remain housed.
Delaware has an opportunity to level the playing field by securing the right to counsel for eviction defense statewide. Securing tenants’ right to counsel is a critical step Delaware legislators can take to stop evictions and keep people in their homes during the pandemic and beyond. Right to counsel measures ensure that tenants who are facing the complex process of an eviction proceeding are guaranteed legal representation — giving tenants a fair chance to access legal protections and stay in their homes.
Additionally, attorneys can help tenants apply for rental assistance, ensure that courts do not proceed with an eviction while such applications are pending, and address situations where landlords refuse to accept the rental assistance.
Providing a right to counsel allows people and families to keep their homes and communities, and in the time of a pandemic, promotes public health.
Sign this petition to urge your state legislator to support providing a right to counsel to Delaware families facing eviction.
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Delaware General Assembly
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[Your Name]
Safe and stable housing is a fundamental human right.
Yet, too often, Delawareans are faced with situations of eviction that threaten their homes, their families, and their well-being. Even more often, people facing eviction are left to navigate that legal hurdle by themselves, without official counsel or legal assistance in a system that’s designed to protect landlords, not the tenants who rely on them for a safe, secure place to live.
In Delaware, 86% of landlords have representation from attorneys or agents in court, but only 2% of tenants have representation.
This isn’t surprising, considering many tenants are facing eviction because of unforeseen circumstances or financial stress that prevents them from being able to afford their rent, let alone hire counsel to represent them in court. Others facing eviction lack the ability to go to court due to employment, child care, or transportation restrictions.
On top of this, tenants have few options for legal aid programs, and legal aid programs have always been underfunded. Any defenses that are available to a tenant are virtually impossible to prove without the aid of a lawyer.
About 33 percent of tenants feel so powerless to fight an eviction that they don't even show up for court, and instead, a default judgment is entered against them. This means they lose their housing even though there may be funding available to help with rent or they may have a valid defense against eviction.
This is why representation in eviction cases matters: When tenants are represented by counsel, they are twice as likely to remain housed.
Delaware has an opportunity to level the playing field by securing the right to counsel for eviction defense statewide. Securing tenants’ right to counsel is a critical step Delaware legislators can take to stop evictions and keep people in their homes during the pandemic and beyond. Right to counsel measures ensure that tenants who are facing the complex process of an eviction proceeding are guaranteed legal representation — giving tenants a fair chance to access legal protections and stay in their homes.
Additionally, attorneys can help tenants apply for rental assistance, ensure that courts do not proceed with an eviction while such applications are pending, and address situations where landlords refuse to accept the rental assistance.
Providing a right to counsel allows people and families to keep their homes and communities, and in the time of a pandemic, promotes public health.
That’s why, I’m urging you to take steps toward resolving this racial justice, gender justice, and human rights issue. Please support providing a right to counsel to Delaware families facing eviction.