Eviction Court Outcomes and Access to Procedural Knowledge: Evidence From a Tenant-Focused Intervention in New Orleans

Navigating an Overburdened Courtroom: How Inconsistent Rules, Shadow Procedures, and Social Capital Disadvantage Tenants in Eviction Court

“…Providing a right to counsel would ensure that tenants are less burdened by the hidden procedures described throughout this article. Other procedural changes would help, too (Golio et al 2022). The disorienting experience of the courtroom suggests that simple efforts to demarcate courtrooms, improve signage, use plain language to explain the process, and provide assistance to elderly, disabled, and non-English-speaking tenants would vastly improve the experience of tenants in Landlord-Tenant Court.…”

“…Without access to legal representation, tenants often navigate their legal cases without fully understanding the gravity of their situation or the courtroom process required to resolve their cases (Nelson 2021). As tenants feel pressure to get their case resolved as quickly as possible, they are unable to legibly articulate their claims to the court or access their full set of rights (Bezdek 1992; Golio et al 2022; Lempert and Monsma 1994). Our research on the everyday workings of Landlord-Tenant Court expands on this research by highlighting how ambiguities, informalities, and asymmetric social relations increase the cost of complying with legal proceedings.…”

The Racially Disparate Influence of Filing Fees on Eviction Rates

“…Nevertheless, such policies changes should consider the potential indirect impacts of increasing filing fees on informal filings and take steps to ensure that landlords do not compensate for reductions in formal filings with increases in informal evictions. For example, municipalities could increase their oversight of utility shutoffs to ensure such tactics are not being used to pressure tenants to leave or could conduct campaigns to educate tenants about their rights in order to force landlords to go through the legal eviction process (Golio et al 2022).…”

“…Studies show that legal representation has a substantial positive effect on tenant outcomes, increasing the chance that tenants are allowed to stay in their homes and that landlords are compelled to make repairs or allow rent abatements (Seron et al, 2001;Ellen et al, 2021). Even simple legal advice educating tenants on self-advocacy can increase tenants' legal success (Golio et al, 2022).…”

Property Markers and the Hassle of Leniency: Building Code Enforcement in the Courtroom

“…Interpretive disjuncture is a fourth mechanism (Nelson 2021). Tenants (again, usually without legal representation) neither possess legal expertise (Golio et al 2022) nor know how to "properly" argue their cases. Even when tenants know that they can argue, evidence is usually not heard over professional and prepared landlords (Public Justice Center 2015;Steinberg 2017).…”