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-
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