Page 26 - October2019_BarJournal

FEATURE EXTRA

A STEP TOWARDS

HOUSING STABILITY

BY COUNCIL PRESIDENT KEVIN KELLEY

You have the right to an attorney” — It is this fear that contributes to homelessness The Sisters of Charity Foundation of
everyone is familiar with the Miranda and warrants legislative action. Cleveland began this trajectory of important
right thanks to television crime Providing Cleveland residents with access community change with the launch of the
shows. Our Constitution ensures to free legal services in Cleveland Housing “Innovation Mission” fellowship program in
‘‘access to no-cost legal counsel when Court will mitigate the downstream 2017. They selected Legal Aid attorney Hazel
someone is accused of a serious crime and consequences of eviction and reduce Remesch for a fellowship, and Hazel’s project
cannot afford an attorney. Yet there is no such housing instability. We will begin by was to determine the efficacy and potential of
constitutional right to legal counsel in housing providing free legal representation to a right to counsel in Cleveland. Her project
cases that fall under civil court. households with a child at or below 100% grew into the Housing Justice Alliance and
In August, I was proud to introduce — of the federal poverty guidelines. We hope benefited greatly from her and other Legal Aid
along with Councilman Anthony Brancatelli to grow beyond these qualifications and attorneys’ leadership.
— Cleveland Codified Ordinance 1001-2019, beyond Cleveland with additional funding Councilman Brancatelli and I — along with
providing access to free legal representation and partnerships. other leaders from the County, private bar and
to low income tenants with children, who are The creation of a right to counsel in community — have participated in Housing
facing eviction proceedings. Cleveland is just one example of the great Justice Alliance’s advisory committee. We
As this magazine goes to print, this things that are happening in our city, visited other cities, spoke with elected officials
groundbreaking right to counsel legislation is and a terrific example of transformative and housing experts from all over the country,
on track for committee review and a final vote change that can happen when philanthropy, and developed a game plan for Cleveland.
by City Council soon. The establishment of nonprofits, the private sector and Then, as the process led to legislation,
this right will be a game changer for Cleveland government work together to improve the we added partners such as United Way of
families facing housing instability. lives of others. Greater Cleveland and vetted our ideas with
Each year, approximately 20,000 residential Evictions have an economic impact, Cleveland’s Housing Court. Once the right
eviction actions are filed in Cuyahoga County, often leading to loss of employment, to counsel legislation is enacted, United Way
of which approximately 9,000 are in in the city health problems, frequent hospitalizations, will serve as the lead community partner and
of Cleveland. More than 60 percent of eviction lower educational achievement and higher contract with Legal Aid as the designated
cases filed in Cleveland include households dropout rates for children, increased use community partner to do the intake and serve
with children. Many families living in of all social service systems and unstable those in need. The Housing Justice Alliance
Cleveland are housing insecure. In fact, we communities. Investing in a right to counsel will leverage the terrific support Cleveland’s
know that Cleveland families move at least five for tenants creates long-term stability for Housing Court provides with United Way’s
times more than the national average. Sadly, individuals, children, families, and the 2-1-1 resources.
families facing eviction with children have Greater Cleveland community. The first line of our Cleveland legislation
increased levels of disruption in school and For example, New York City passed and states: “This Council finds that lack of legal
higher rates of absenteeism. funded historic right to counsel legislation counsel for tenants during eviction cases is a
Furthermore, tenants often lack knowledge in the summer of 2017. Since then, violation of a basic human right.” I, along with
and awareness of their legal rights. The evictions in New York City have decreased my Council colleagues, am proud to be part of
fear of being evicted and being forced to by 34%, positioning the city to save $320 this important collaborative effort.
seek housing, in a limited housing market, million annually because of increased
discourages many Cleveland tenants from legal representation for tenants facing
fighting eviction actions. Additionally, many eviction. In the first year since New York Councilman Kelley is the President
tenants live in uninhabitable living conditions City passed its legislation, they have seen of Cleveland City Council. He is also
due to an aging housing stock. Often, tenants tremendous results — 84% of households of counsel at Porter Wright. He can
fail to report substandard housing conditions represented in court by a legal aid lawyer be reached at (216) 664-4549 or
because they fear eviction. avoided displacement. kkelley@porterwright.com.
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