Presentation Minutes


  • Tacoma Pro Bono (http://www.tacomaprobono.org/ )

  • Mark Morzol, Tacoma Pierce County Housing Justice Project, (who is doing an impressive job keeping his e-mail address off the web – I looked, I really did…I’m sure Ashely can connect you to him, though. -ed.)
  • Ashley Duckworth, Paralegal for Housing Justice Project, AshleyD@tacomaprobono.org
  • Housing Justice Project (HJP)
    • The project provides legal advice and representation
    • It serves clients under 200% of federal poverty guidelines.  For a single adult, that is about $2,000/month (with extra $700 per month for each additional family member).  (the Federal Poverty Guidelines are at https://aspe.hhs.gov/poverty-guidelines - just double them for the 200% level –ed.)
    • For military veterans, serve if under 400% (just double the double… -ed).
    • When tenants are facing eviction, 90% of landlords are represented, but only 10% of tenants are represented.  With no representation, it is tough to be successful or even present the case well.
    • About 40% of tentant scheduled for an eviction hearing show up.
    • HJP sees about 3-13 cases per day on the “unlawful detainer docket”, four days per week (Monday, Tuesday, Wednesday and Thursday).  Working to get at the courthouse on Fridays – it is a matter of a limited budget.
    • HJP represent individuals facing eviction – they only help tenants, including tenants renting:
      • With section 8 housing – project-based and tenant-based
      • Renting a manufactured home or own the manufactured home and are renting the property the mobile home is located on.
      • Tenants renting from a landlord where the landlord is facing foreclosure on the property (I think I got this right –ed.)
      • Do not represent landlords or homeowners (Tacoma Pro Bono does have the programs to assist them, just not the Housing Justice Program)
    • Only work with folks with an active eviction proceeding going on.
    • Represent folks who did not respond to a summons – which can happen for legitimate reasons.
    • Work to get Orders of Limited Dissemination – hides an eviction on a tenant’s record so it doesn’t show up on background checks.
    • Mark is at the courthouse 4 days a week – and often have volunteer attorneys there as well.
    • How the process works:
      • Ashley is at the door of the courtroom and figures out how many clients can be assisted each day (based on how many attorneys are available).
      • Tenant fills out background materials, Ashley reviews the process with them, and the tenant signs a limited representation agreement (this seems like the perfect place, but is hard to justify inserting snide comments about lawyers and paperwork when they are providing the legal help for free… -ed).
      • Case is staffed to Mark or volunteer attourney (I know attorney is spelled without the “u”, but it just seems to belong there. The first known written use of the word attorney is from Shakespeare’s Richard III, and he spells it with a “u”, so at least I’m in good company. –ed).  The attorney attempt to find a legal response to the eviction through negotiation or representing the client before the judge. 
        • We look for defenses.  There are “absolute defenses”, which would be fatal to the eviction proceeding that day.  Other defenses are softer, that might not result in a dismissal, but might reduce costs or give tenants additional time to move.  We always work with the client to understand their goals and then work towards those. 
          • Procedural defenses – created by statute.  If the landlord fails to do something they should do in the procedural aspects – like the landlord not provide not providing proper legal proceedings, were they  proceedings properly served, did that allow sufficient time as required by statute.  If the landlord fails to do any of those things, that will be bad for their case that day
          • Substantive defenses – everything was done properly and the court has jurisdiction over that case.  The tenant may be arguing that breach that the landlord is alleging didn’t actually occur, or habitability issues the home owner didn’t address, or the eviction is retaliatory, or a disability prevented complying with notices, and more.
        • Goal is to play a role in reducing the homelessness in pierce county by reducing periods of short term homelessness that might be exacerbated (I spelled this word right the first time – yay me. –ed) into long-term homelessness.  This can help provide some relief for folks who might be getting an eviction on their record.  Work to reduce amount of judgments as well. 
        • The case can end in one of two ways:
          • An agreed order – both sides agree – reduce judgements, maybe more time to move and/or an order of limited dissemination.
          • No possible agreement, goes before Commissioner or Judge to make a decision. 
        • This program has been around since May of 2015 – 1,122 tenants have been represented.  Reduced judgment amounts by $850,000. 
          • 224 cases, around 1/5 of all cases, ended up in dismissal.  If folks care coming in for an eviction, the landlords don’t want  them there any longer; the landlord wants to evict them.  Those 224 cases left the courtroom not facing that eviction any longer. 
          • 160 limited disseminations were completed – so eviction doesn’t show up. 
          • 104 cases were salvaged – an agreement was reached allowing someone to stay in their home. 
          • 7,800 additional days housed for the 1,122 tenants. 
          • (applause from the audience).  Mark - clap for the volunteers – they are who make this happen.
        • Ashley Duckworth – The Housing Justice Project is one of our most successful program.  But, we have lots of other services.
        • 50 clinics per month – all volunteer based
          • Divorce
          • Bankruptcy
          • Seal something on record
          • Foreclosure clinic
          • New, 1 year old, Victim of Crime program – represent folks through Domestic Violence hearing, from custody plans to divorce proceedings. 
          • Have clinic to help tenants.    
          • Limited Dissemination clinic.
            • Did 160 last year. 
            • Just last week, had a gentleman with an eviction from 2011 – tried to get limited dissemination on their own, and wasn’t able to.  With Tacoma Pro Bono representation, he got the limited dissemination approved.
            • 3 standards
              • If eviction had no basis in fact or law
              • If the tenant was on a lease agreement and repaid the full amount to stay in the home
              • If other good cause exists for limited dissemination.  Have the opportunity to create a good narrative with this option.  The more time between the eviction and the request helps.  If the eviction is paid off, it works better.  If clients have made changes it can help get the order of limited dissemination.
            • Maureen – can you create an FAQ or provide some more detailed information about who will be able to get limited dissemination.  Ashley – the best thing is to have them come to the clinic and talk to an attorney.  Always refer them, regardless whether they think they can get one. 
          • New clinic – pre-litigation notice clinic.  With  a 20-day notice or 3-day pay-or-vacate – can have time to meet with an attorney prior to the eviction.  Currently can only help folks with a scheduled eviction hearing
            • Maureen – can you talk more about the pre-litigation program – how it starts, how people access it.  Ashley – That clinic will be the 3rd Thursday of the month – the clinic will help clients review the notice, help drafting a letter, put a payment plan together – and hopefully stop it before the eviction action.  Can probably help 10 tenants per month – demand is about 45 tenants per month.  Maureen – is that Tacoma only?  Ashley – it is Pierce County wide. 
          • Mark – the City of Tacoma is making some sweeping changes.  Washington State law allowed a 20 day pay or vacate – which sets tenants up for failure.  The City of Tacoma is changing it to 90 days under certain circumstances– in response to the Tiki Apartments situation.  Until the City comes up with new ordinances related to the 20 day notice, you can get a notice to be out in 20 days if you are on a month to month lease.  The City has had some stakeholder committee meetings – but final plans are probably a few months away.
          • Jensen – How to connect with the dissemination program – how to refer? Ashley – they have to qualify, do a conflict check, and then schedule.  Should call the office (1-888-822-5134).  Can take around 5 business days to call back.  Best is to walk in.
          • Office hours – 9-12, 1:15-4, Monday through Thursday.  Office is located at  621 Tacoma Avenue South, Suite 303, Tacoma, WA 98402 
  • Relicensing clinic – for tickets and fines.  Can have clients do community service to pay off fines. 
  • Maureen – are you familiar with any jurisdictions where if a landlord gives an eviction notice, that eviction notice goes to the City.  Is there a way to know when a property gets flipped.  Mark – Other jurisdictions do require a landlord to submit a copy to the city.  That happens when a City has duties based on the eviction notice being served.
  • Maureen – there is no right to council in the draft agreements.  The City staff said nobody asked for that?  Mark – yes, we should have a right to council – that would be great.  Without counsel representing them, seldom do folks get what they want in court.  We can push for it with the City.  Also, just cause statutes don’t need to be coupled with the right to council – it can be stand alone.  The discussions leading up to the Just Cause were about allowing a landlord to give the eviction notice, but with much more time – like 60 days.  Also want a 60 day notice for rent increases.  And want to allow tenants the ability to have a payment plan for moving.  To move in, you often need security deposit and 1st and last month’s rent.  An ordinance can force the landlords to take a 4 month payment plan to pay off security deposit and last month’s rent.  But we still see homelessness in communities where these protections are put in, so they don’t solve all problems.
  • Al – What are things we can do to help Merkle tenants?  Mark - Merkle fashions itself as a hotel – although tenants stay for years, paying monthly rent, like a tenant.  Hotel guests have different rights than a tenant.  We were recently involved in a situation where a tenant at Merkle Hotel of 4 years was locked out of his room.  Outcome from Merkle Hotel was the Hotel was forced to pay out some and give good references for the client.  This decision caused Merkle tenants to be treated like tenants, not hotel guests.  When the hotel decided to shut down for renovation, the tenants were given 90 day notices.  If the previous case hadn’t happened, the tenants may have just been given a couple days to leave.  They were given an extra 30 days as well.  Up till this point in time, the hotel is within their rights to give a 90 day notice. 
  • Maureen – talk about the proposed relocation grant from the City and the effect that will have on the evictions – getting tenants from the notice to vacate.  Mark – is the city committed to this?  Maureen – they are still talking about it.  Mark – in April or May, when the tiki situation was happening, the City was unprepared to deal with this situation.  In Seattle, when there are mass displacements, it allows for some relocation expenses when there is a change in use or substantial remodel.  The City of Seattle pays 50% of the costs and the landlord pays 50%.  The Tacoma ordinance doesn’t provide that relocation expenses.  Maureen – it is one of the proposed changes.  Mark – I didn’t see that in the last draft with the City of Tacoma.  Maureen – don’t know if it is going as a separate ordinance.  Mark – City seems fine with what they have.  Maureen – City proposal is out there.  Maureen – it is also a 50%/50% split between landlord and City of Tacoma.  Mark – haven’t seen that in the stakeholder committee meetings.  It should have been included from the start. 
  • James – how to prevent folks from becoming homeless has been a focus of our work this year. 
  • A lot of people don’t understand that Just Cause and No Cause evictions are handled differently.  If you work with landlords, help educate them on the differences.
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