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Tenants dealing with eviction cliff need authorized illustration: Right here’s what San Francisco is doing about it

Back in 2018, San Francisco voters passed the country’s first electoral measure, mandating the universal right to legal assistance for tenants facing eviction.

But the approved measure, known as Proposition F, did not immediately deliver on its full promise, covering two-thirds of eligible tenants. About half of them received limited representation. These shortcomings will change.

The city’s recently approved budget, slated for approval in the coming weeks, would add another $ 6 million to the program, bringing the total budget to $ 17 million to better meet demand.

The funding boost makes San Francisco one of the strongest tenant advisory services in the country and certainly in California. It also comes as the state’s eviction moratorium is slated to end on October 1st.

“The fact that San Francisco has received full funding is a very significant achievement,” said John Pollock, coordinator for the National Coalition for a Civil Right to Counsel, which is tracking eviction agency efforts. “There is a massive power imbalance … the system only works for the side that has advice.”

If you are charged with a criminal offense, a public defender will of course be provided if you cannot afford a private lawyer. However, when faced with a civil matter like an eviction, legal assistance is generally not guaranteed. Proponents of tenants and homelessness say this needs to change in order to stabilize tenants and prevent displacement and homelessness.

The California Apartment Association, which represents the interests of landlords across the country, disagrees. It called Assembly Bill 1487, which would establish a statewide trust fund for legal services for tenants facing eviction, a “troubled bill” that would give lawyers more funding to delay legitimate evictions and landlords more costs for Pay legal bills.

“The existing funding will fund unethical tenant attorneys to make false claims about property owners simply trying to repossess their properties from tenants who haven’t paid the rent or who have caused problems for other tenants in the property,” CAA wrote in a letter to the legislature. “These companies, which are automatically and consistently promoted, use the same investigation and jury requirements.”

The San Francisco program, led by the Eviction Defense Collaborative Agency, has been very effective in deterring evictions. With representation by the tenants’ right to advice, 67 percent of the closed cases in 2019 resulted in the tenant staying in their homes – 80 percent of them were black customers, according to the latest data from the Mayor’s Office for Housing and Community Development.

Tenants who received services through the legal counseling program in 2019 were 94 percent low- or middle-income tenants, 28 percent whites, 23 percent Latinos, 22 percent blacks, and 21 percent Asian and Pacific Islanders.

Even if evictions are not avoided, according to Pollock, lawyers can negotiate exit conditions that allow more time for eviction and prevent a record of eviction following the tenant, making it difficult to find new apartments. Eviction documents can also spread through child custody and employment issues.

“It clearly worked and was one of the best investments we could make to accommodate people and prevent homelessness,” said Supervisor Dean Preston, who co-wrote Prop. F and urged more funding for the program. “We all know that the number of evictions is going to increase tremendously, so it is a really good time that the right to funding through advice exists.”

However, the estimated number of renters who will need the service was assessed prior to the pandemic. Most court and eviction proceedings paused last year, and California later passed a statewide eviction moratorium that was recently extended again to the end of September.

EDC is currently reviewing the needs of partner agencies like Asian Law Caucus to see how funding will be distributed so everyone has ample time to hire qualified lawyers. Last summer, amid a tighter budget amid the pandemic, the program saw cuts and some lawyers had to be laid off before a budget hike was enforced.

“It is imperative that we have early access to this knowledge,” said Ora Prochovnick, director of litigation and politics at EDC. “Tsunami, cliff or flood, whatever, a lot of people will be at risk of losing their homes. We know that when people are represented, they are much more likely to get their homes. “

Updated estimates of needs will be made after the state’s eviction moratorium is lifted, said MOHCD spokesman Max Barnes. A federal eviction moratorium is due to expire on July 31. California is expected to extend its statewide moratorium through September 30th.

Congregation member David Chiu, who as manager in San Francisco launched a pilot tenant counseling project in 2012, considered proposing a nationwide program but said it was a “long-term conversation.”

In the meantime, lawmakers continue to provide funding for renters and homeowners who need help staying in their homes. AB 1487 was included in the latest budget to raise $ 120 million over the next three years, Chiu said.

“It just never felt fair that there was no level playing field between the parties in an eviction process,” said Chiu. “People should have access to lawyers every day, especially when they are deprived of basic needs like shelter. It was vital that this funding and work be done. “

imojadad@sfexaminer.com

Bay Area News Housing and Homelessnessan francisco news

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