Detroiters Facing Eviction Deserve Legal Representation

Volunteers of Detroit Right to Counsel Coalition provides rental information to the residents of the Martin Luther King Jr. Homes in Detroit, MI. Image courtesy of Ryan Garza

What’s the best way to prevent blight and stabilize neighborhoods? Keep people in their homes. The Detroit Right to Counsel Coalition hopes to do just that by making sure that tenants have legal representation when they face eviction.

The majority of Detroiters are now renters. On average, 1 in 5 rental households face eviction each year, especially seniors, people with disabilities, and households headed by Black women. Because legal representation is only considered a right in criminal cases, not in eviction cases, about 90% of landlords go to 36th District Court with lawyers, while only 5% of low income tenants have legal representation. When the landlord has a lawyer and the tenant doesn’t, the landlord almost always wins.

The good news is that when tenants do have attorneys, they win more than 90% of the time and are able to avoid the trauma of eviction and the disruption to their work lives and the education of their children. We’ve had some temporary relief with moratoriums and rental assistance during the pandemic, but that is coming to an end. Detroit cannot afford more evictions. They devastate families and destroy communities.

In March, the City Council voted to follow the lead of eight other major cities and establish a “Right to Counsel” for tenants facing eviction. Cities with a Right to Counsel – including New York, Cleveland, Denver, and Baltimore - have seen a decreased rate of evictions, and studies estimate these cities experience at least a 3:1 economic return on the initial investment for a right to counsel. They’ve found it’s cheaper to fund “Right to Counsel” than to pay the social costs of eviction.

Establishing Right to Counsel is an important first step, but without adequate funding, that right will exist only on paper. City Council will be voting on that issue later this month. We ask you to write to our District 4 Councilmember Latisha Johnson (Councilmemberjohnson@detroitmi.gov; 313-224-4841), as well as at-large members Coleman Young II (Coleman.Young@detroitmi.gov; 313-224-4248) and Mary Waters (Councilmemberwaters@detroitmi.gov; 313-628- 2363), to let them know that you support Right to Counsel and want it to be fully funded.

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