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About Portland observer. (Portland, Or.) 1970-current | View Entire Issue (May 17, 2023)
May 17, 2023 Page 9 Fighting the Waves of Eviction! The Commons Law Center stands in support of Eviction Representation At The Commons Law Center (TCLC), we have been fighting the wave of evictions since Au- gust 2021 by providing evic- tion defense for Oregon tenants. Since the start of April, our 501(c)(3) law firm, with an un- derfunded tenant law program consisting of two attorneys, has engaged 80 clients – out of 842 eviction cases in Multnomah County. We did this by going to the courthouse, talking to ten- ants about their cases and their legal rights, and ensuring ten- ants had the proper guidance to get the best outcome out of a dif- ficult situation. We see how rep- resentation provides life-altering protections and peace of mind for tenants facing eviction. Im- plementing Eviction Represen- tation for All would have several potential benefits for Portland- ers: Fairness and Equality - ERA ensures tenants facing eviction have access to legal representa- tion, regardless of income level. Most tenants are unaware of the complexities of tenant law and lack the resources to hire an at- torney which puts them at a se- vere disadvantage. According to a study by Portland State Uni- versity’s Center for Urban Stud- ies, since 2021 landlords have been represented in court 53% of the time compared to just 9% for tenants. This measure would lev- el the playing field and promote fairness in the legal process and make it more efficient and pro- ductive for those involved. In- creased Housing Stability - With access to legal representation, tenants are more likely to un- derstand their rights and have a stronger defense against avoid- able evictions. This increased legal support can lead to more favorable out- comes, including negotiated settlements, extended move-out timelines, or avoiding eviction altogether. Reduction in Home- lessness - ERA can help prevent homelessness by providing ten- ants with the necessary tools to fight against unwarranted or un- lawful evictions. By enabling ten- ants to navigate the legal system effectively, more individuals and families can stay in their homes and avoid the trauma and up- heaval associated with becoming homeless. This, in turn, reduces the burden on social services and vent houselessness by preventing avoidable evictions, it will take investment in administrative ca- pacity; that is needed to make most things run well. Let’s not let the perfect be the enemy of the good on this measure. By ensur- ing that all tenants, regardless of income, have access to legal rep- resentation, Eviction Represen- tation for All in Portland will be an important piece of the puzzle to foster fairness, housing sta- bility, homelessness prevention, community preservation, and improved access to justice. It would bridge the justice gap and address the imbalance of power between landlords and tenants. This approach aligns with the principles of social justice and human rights by providing equal opportunities for individuals to defend their rights and inter- ests. By addressing the power dynamics in eviction cases in a way that is cost-effective in the long run, the initiative can con- tribute to a more just and inclu- sive city for all Portlanders. Business Directory The push for representation for all is part of the efforts to reduce homelessness shelters in the city. Mitigation of Displacement and Gentrification - Portland has long faced chal- lenges related to displacement and gentrification, where racially diverse and marginalized com- munities are disproportionately affected. An article published by ERA on how ERA will impact the BIPOC community states, “Com- pared with white renters, Black women are more than twice as likely to have an eviction filed against them. Latinx renters are close behind, and women of all ethnicities are more likely than men to face eviction.” Measure 26-238 can slow down the displacement of mar- ginalized communities and con- tribute to maintaining the city's socioeconomic diversity. TCLC sees in real time how the legal system perpetuates harm and how everyday Portlanders can fall victim to the wave of evic- tions sweeping the city. Oppo- nents of the measure, including the Portland City Council, Metro Council President Lynn Peterson, and Multnomah County Chair Jessica Vega Pederson voice concerns about the capital gains tax and how it might affect in- vestment in Portland. This is not an issue that would impact the everyday Portlander. A study by Oregon Center for Public Policy states that as of 2020, Oregon’s wealthiest 5% brought in 84% of all capital gains income in the state. A minimal impact on the wealthiest Portland residents is a logical source of funding to support the large percentage of people struggling to make ends meet and not slide further into poverty and instability. Another argument made by opponents of the measure is that Portland al- ready has resources available to help tenants, like the Supportive Housing Services funding and other programs assisting tenants, so why is ERA needed? Well, if this issue was resolved, tenants would not have a representation rate of just 9%. Many of the cli- ents we engage at the courthouse had already sought out at least one legal service provider and were turned away due to timing, scope or capacity and thus ap- peared at the courthouse without representation. Dedicated fund- ing is a key aspect of this: In Or- egon, the state can’t sufficiently fund public defense services, so without a specific tax and re- source allocation right to counsel in eviction proceedings could suffer the same fate. According to a statement by Eviction Repre- sentation for All, “Our program intervenes early, provides crisis rental assistance, and provides universal coverage. This means no tenants will be turned away or told they don’t qualify.” Ded- icated funding is critical because Oregon has a dearth of practi- tioners available to help tenants, growing though it may be. Ore- gon adopted a licensed parale- gal program to help Oregonians with family and tenant law mat- ters access legal advice from more than just lawyers. This winter we taught Oregon’s first collaborative tenant eviction de- fense class with Oregon’s three law schools, which generated a waitlist at all 3 institutions. To shift the market economics of creating enough practitioners to meet the public’s need and pre- 971-276-8674 Cut, trim, edge, power washing, hauling, leaf removal, cleanup, anything! FREE ESTIMATES FAIR PRICING ERNEST J, HILL, JR. Agent 311 NE Killingsworth St, Portland, OR 503-286-1103 • Fax 503-286-1146 Providing Insurance and Financial Services Theotis Cason 503-287-0855 5015 NE MLK Blvd. Portland, OR 97211 Catering Available
