In a previous post I mentioned that there doesn’t seem to be any push for model legislation in the legal aid / civil justice space. But (as in many things in my life) I’ve been proven wrong, at least for one instance.
The folks over at Upturn have a very nice guide to creating model legislation for sealing eviction records. You should check it out.
Why is sealing eviction records important? Because tenants who have been on the receiving end of an eviction case, even if it’s wrongfully filed, dismissed, or settled, carry that strike against them whenever they apply for housing. It also follows them in their credit report, and can show up on job screenings and background checks. Additionally, black renters are far more likely to face an eviction case than white renters.
It’s an unfair and inequitable situation all around.
I do want to bring one thing up though: if we’re serious about passing, say, eviction expungement legislation, we have to be very mindful of who is doing the passing of that legislation, and what their worldview is. In other words, you need to know your audience and what their deeply-held beliefs and priorities are.
Upturn’s observations - that the housing system is “unjust, racist, [and] anti-tenant” plays well in some places but won’t play well in others. For a state legislature that’s dominated by white, upper-class, republicans, it’s probably a non-starter. (Full disclosure, I worked in a lobbying firm and have been pretty involved as an outside observer of state government in Florida, so I use it as my example. Your mileage may vary).
I think for that republican legislature you need to change the messaging, maybe something like:
Eviction records are a drag on economic opportunity - they’re hindering people from job mobility, and that’s a big economic impact.
Sealing eviction records, especially those cases that were dismissed or settled, prevents homelessness and dependency on government services for thousands of people.
And so forth. If you’ve followed the criminal justice reform efforts you may have noticed similar arguments from right-leaning groups.
I think we get bogged down with trying to make everyone agree on a set of principles, rather than keeping the end goal in mind.
Other things:
Check out the Judicial Innovation Fellowship at Georgetown - really cool concept by some cool people
I got interviewed by the folks at Prolawgue if you’re having trouble sleeping