Housing Injustice By Design: A Multi-Stakeholder Analysis of Eviction Data, Processes, and Experiences©

Although many housing laws seem neutral, when enforced, they disproportionately harm tenants, even in places with tenant friendly laws. Thus, for our study, we conducted a data scan, policy surveillance of eviction laws, and stakeholder interviews to understand the gaps in the equitable enforcement of eviction laws in five jurisdictions.

We found several gaps in the housing system, including:

• Publicly accessible eviction data is typically only reported at the state or county level, making it difficult to understand the local impact of evictions;
• Laws regarding the eviction process are unclear and inconsistently applied, which disproportionately harms tenants; and
• Our key stakeholder interviews highlighted how eviction laws are often not enforced due to lack of clarity and familiarity, which contributes to the inequitable enforcement of housing laws.

To fix these inequities, legal stakeholders (legislators, judges, government officials, lawyers, and law enforcement) should work in partnership with tenants and tenant advocacy groups to illuminate the inequitable enforcement of housing laws, support community-driven change, and provide financial supports to tenants. We provide a Health Justice Impact Tool© to guide this process, and a list of best practices.

A tenant’s bill of rights is a promising practice currently in place, while Street Democracy’s website lists best and promising practices for the enforcement of housing laws before, during, and after the eviction court process.

Researchers conducting housing studies must conduct interviews, examine the publicly available data, and review laws at the state, county, and local levels, to ensure the study captures the communities experience, as well as the differences between how the laws are written and enforced