The Econom ic Im pactofan Eviction Rightto Counselin Baltim ore City P repared for: Th e P ublic Justice C enter M ay 8 , 2 0 2 0 ACKN O W LED GEM EN T T his report w as m ade possible w ith the support of the A bell Foundation.T he A bell Foundation is dedicated to the en hancem ent of the quality of life in M aryland, w ith a particular focus on B altim ore. T he Foundation places a strong em phasis on opening the doors of opportun ity to the disenfranchised, believing that no com m unity can thrive if those w ho live on the m argins of it are n ot included. w w w .abell.org Table of Contents Stout Profile and Q ualifications .................................................................5 Executive Sum m ary ....................................................................................7 H ousing and Eviction T rends ................................................................... 13 N ational H ousing and Eviction T rends ..................................................... 14 B altim ore C ity H ousing and Eviction T rends............................................ 18 R esearch Findings .................................................................................... 27 T he Eviction R ight to C ounsel M ovem ent ................................................ 28 Im pacts and R elated C osts of Evictions to States,C ities,C ounties,and M unicipalities .......................................................................................... 34 B enefits of Providing R epresentation ....................................................... 50 Estim ated C ost and Im pact of R ight to C ounsel and the C ost of D isruptive D isplacem ent to B altim ore C ity ............................................................... 59 T he Estim ated C ost of a R ight to C ounsel in B altim ore C ity ..................... 60 T he Estim ated Im pact of a R ight to C ounsel in B altim ore C ity ................. 65 T he C ost of D isruptive D isplacem ent to B altim ore C ity,Potential B altim ore C ity C ost Savings R ealized,and the D ollar V alue of a R ight to C ounsel in B altim ore C ity .......................................................................................................... 67 A ssum ptions and Lim iting C onditions ..................................................... 83 Table of Exhibits Exhibit A B .1 B .2 C D E.1 E.2 F.1 F.2 T itle Sum m ary of the C ost of Eviction, P otential C ost Savings,and the D ollar V alue of a R ight to C ounsel Estim ated A n nual Em ergency Shelter and H ousing P rogram C osts Estim ated A n nual Em ergency Shelter,T em porary H ousing, and M en tal/P hysical H ealth Institution H ousing P rogram C osts R elated to D isruptive D isplacem ent C aused by Eviction Estim ated State-P rovided Foundation P rogram Funding for B altim ore C ity P ublic Schools Lost as a R esult of C hron ic A bsences of Students Experiencing H om elessness as a R esult of D isruptive D isplacem ent Estim ated A n nual T ransportation C osts A voided R elated to Students Experiencing H om elessness in B altim ore C ity P ublic Schools Estim ated A n nual A dditional M edicaid Spending by B altim ore C ity R elated to Individuals Experiencing H om elessn ess as a R esult of D isruptive D isplacem ent Estim ated A n nual A dditional M edicaid Spending by the State of M aryland R elated to Individuals Experiencing H om elessness as a R esult of D isruptive D isplacem ent Estim ated A n nual Foster C are B oarding and A dm inistrative C osts A voided by B altim ore C ity as a R esult of D isruptive D isplacem ent Estim ated A n nual Foster C are B oarding and A dm inistrative C osts A voided by the State of M aryland as a R esult of D isruptive D isplacem ent 33mm Seo?onl Stout Profile and Qualifications 1. Stout R isius R oss, LLC (“Stout”) is a prem ier global advisory firm that specializes in Investm ent B anking, V aluation A dvisory, D ispute C onsulting, M anagem ent C onsulting, and T ransaction O pinion s. In addition to these services, Stout’s professionals have expertise in strategy consulting involving a variety of socio-econom ic issues, including issues of or related to access to justice and the needs of low -incom e individuals and at-risk com m unities. 2. U nder the direction of N eil Steinkam p, w ho leads Stout’s T ransform ative C hange C onsulting practice,Stout is a recognized leader in the civillegalaid com m unity and offers the follow ing services:       Econom ic im pact assessm ents and policy research for civillegalaid initiatives; Strategy consulting and action plan developm ent for issues relatin g to access to justice; N on-profit budget developm ent,review ,and recom m endations; C ost-benefit and im pact analyses for non-profit initiatives and activities; D ata-driven program evaluation and im plem entation; and D ispute con sulting and dam ages analyses for low -incom e individuals. 3. N eil Steinkam p is a M anaging D irector at Stout in the firm ’s N ew Y ork C ity office. H e has extensive experience providing a broad range of strategic,business,and financialadvice to business and com m unity leaders and their advisors. 4. M r.Steinkam p has m ore than 15 years of experience covering m any industries and m atter types resulting in a com prehen sive understanding of the application of strategic assessm ent, risk analysis, financial consultin g, and other com plex analyses. H is w ork has involved com plex problem solving involvin g large-scale industry and social issues. In certain m atters, he has provided testim ony during bench and jury trials, dom estic and international arbitration, as w ell during city council hearings. H e has also assisted parties in a variety of com plex resolutions involving settlem ent negotiations, m ediation, and facilitation. 6 ?sTour Sec?onll Executive Summary 624% - For every dollar invested in a right to counsel for low -incom e tenants facing eviction in Baltim ore City,there is a cost savings or value of those services estim ated to be at least $6.24 that w ould be recognized by Baltim ore City and M aryland. 306% - For every dollar invested in a right to counselfor low -incom e tenants facing eviction in Baltim ore City,there is a costsavings orvalue ofthose services estim ated to be at least $3.06 that w ould be recognized by Baltim ore City alone. 5. Stout w as engaged by the P ublic Justice C enter to perform an an alysis of the cost and benefits associated w ith a right to counsel for low -incom e tenants in eviction proceedings in B altim ore C ity and the benefits that B altim ore C ity (as w ell as M aryland) m ay realize by enacting such a right. 6. K ey Fin din g. W ith an ann ual investm ent of approxim ately $5.7 m illion in a right to counsel, B altim ore C ity m ay reduce the current cost of disruptive displacem ent caused by eviction or avoid costs related to disruptive displacem ent estim ated to be approxim ately $17.5 m illion an nually.1 For every dollar B altim ore C ity spends on providing free representation to eligible tenants th rough a right to counsel, it m ay reduce its curren t social safety n et response to disruptive displacem ent caused by eviction by at least $3.06. C onsidering that m any social safety n et responses to disruptive displacem ent are partially funded by the state of M aryland,M aryland m ay also reduce a portion ofits spending related to disruptive displacem ent caused by eviction. Stout estim ates the annual cost of disruptive displacem ent and potential costs avoided as a result of a right to counsel in B altim ore C ity eviction cases that accrue to B altim ore C ity and M aryland to be approxim ately $35.6 m illion ann ually, w hich w ould result in a dollar value of a right to counsel for every dollar invested of at least $6.24 for B altim ore C ity and M aryland com bined. 7. H ousin g an d E viction T ren ds – N ation al an d B altim ore C ity. T hroughout the country, renters – especially low -incom e renters – have experienced increasing housing costs w hile their incom es have rem ained stagnant. A ccording to the m ost recent A m erican H ousing Survey,approxim ately 2.7 m illion renter households w ere unable to pay all or part of their 1 Stout uses the phrase “disruptive displacem ent” to include circum stances w here a tenant m ay not have had an executed eviction w arrant against them , but the tenant has likely experienced som e level of life disruption due to the eviction filing and the eviction process. 8 rent w ithin the three m onths preceding the survey.2 U nsurprisingly, rental affordability issues are m ost problem atic for the low est w age earners, for w hom there is a significant shortage of affordable housing. A ccording to the m ost recent A m erican H ousing Survey, approxim ately 26,000 renter households (seven percent of all ren ter households) in the B altim ore m etropolitan area w ere unable to pay all or part of their rent w ithin the three m onths preceding the survey.3 U nsurprisingly, the inability to pay all or part of the rent varies based on household incom e. In B altim ore C ity, approxim ately 57 percent of renter households are housin g cost burdened, paying m ore than 30 percent of their incom e on housing, and 33 percent of B altim ore C ity renters spend 50 percent of their incom e on housing, m aking these households severely housing cost burden ed.4 W ith a significant portion of renter household incom e earm arked for housing costs, a m inor reduction of incom e or an un expected expense could jeopardize the ability to pay rent, increasing the likelihood of eviction. 8. T he im pact of the C O V ID -19 pandem ic also highlights the im portance of a right to coun sel, perhaps particularly in B altim ore C ity based on how eviction filings are used as a rent collection m echanism (as described further herein). A s a result of the pandem ic, low incom e tenants w illlikely becom e m ore econ om ically and financially disadvantaged,m ore likely to m iss a rent paym ent, and m ore likely to experience increasing pressure from landlords,w ho m ay also be experiencing econ om ic and financialpressures of their ow n.In these circum stances, it is critically im portan t for low -incom e tenants to rem ain in their hom es or be con nected to services that can assist w ith finding alternative safe, stable housing – both of w hich can be achieved by free representation th rough a right to counsel. In the face of im pending financial challenges for m unicipalities im pacted by the econom ic consequences of the pandem ic, an investm ent in a right to counsel is fiscally pruden t and w illresult in significant cost savings relative to the extraordinary costs that w illbe incurred to support low -incom e B altim ore C ity residents left to endure the traum a of the eviction process w ithout the assistance of a law yer. 9. T h e E viction R igh t to C ou n sel M ovem en t. For tenants facing eviction in cities across the country,having legalrepresentation is often the difference betw een keeping their hom e or becom ing hom eless.5 N ew Y ork C ity, San Fran cisco, N ew ark, C leveland, and P hiladelphia 2 A m erican H ousing Survey. U .S. C ensus B ureau. 2017. Ibid. 4 G arboden, Philip M .E. “T he D ouble C risis: A Statistical R eport on R ental H ousin g C osts and A ffordability in B altim ore C ity, 2000-2013.” T he A bell Foundation. M ay 2016. 5 B rey, Jared. “H ow C ities A re T rying to Level the Playin g Field for T enants Facing Eviction .” Spotlight on Poverty and O pportun ity. O ctober 18, 2017. 3 9 have all passed legislation guaranteeing coun sel to tenants. Each right to counsel in these jurisdictions is custom ized to m eet localneeds and target certain populations (e.g.,people living in public housing, households w ith children). N um erous other cities across the country are considerin g sim ilar right to coun sel legislation. 10. B en efits of an E viction R igh t to C ou n sel. T he benefits of having a right to counsel in eviction proceedings h ave been w elldocum en ted by studies throughout the coun try.W hile the benefits are vast, they include,at a m inim um :          M ore favorable outcom es for tenants; D ecreased likelihood of shelter entry or living unsheltered; Increased housing stability and ability to re-rent, if n ecessary; D ecreased im pact on em ploym ent, credit score,and eviction record; D ecreased im pact on physical and m ental health of people in eviction proceedings; D ecreased negative im pact on children, in cluding their health, education, and potential future earnin gs; Increased fam ily and com m unity stability; D ecreased im pact on law enforcem ent; and Increased trust in the justice system and civic engagem ent. 11. Stout’s A n alysis of E viction Filin gs in B altim ore C ity. In B altim ore, there are approxim ately 140,000 annual eviction filings and 125,000 rental units – an eviction filing rate of m ore than 100 percent.6 T hat is, every year in B altim ore C ity, there are m ore evictions filed than there are rentalunits,indicating that a portion of renters are receiving m ultiple eviction filin gs each year. B ecause the relatively low cost of filing an eviction in B altim ore C ity (betw een $30 and $56) and the absence of a N otice to Q uit requirem ent, m any landlords in B altim ore C ity use eviction filings as a rent collection m echanism . Stout’s analysis of eviction filings in B altim ore C ity found that approxim ately 84 percen t of filings indicated that one m onth’s rent w as due at the tim e of th e filing, signaling that m ost landlords are filings eviction s as soon as tenants m iss a paym ent. 12. Stout analyzed a sam ple of eviction case filings from the D istrict C ourt of M aryland in B altim ore C ity. Stout’s analysis show ed that approxim ately 99 percent of tenants w ere unrepresented, and four percent of landlord w ere unrepresented. Stout found that unrepresented tenants are likely experiencin g disruptive displacem ent in approxim ately 6 G arboden, Philip M E, et al. “Serial Filing: H ow Lan dlords U se the T hreat of Eviction.” C ity and C om m unity. A pril 2019. 10 93 percent of eviction proceedings. Stout an alyzed case inform ation from five civil legal aid providers in B altim ore C ity w ho represent tenants in eviction proceedings and foun d that w hen tenants are represented, they can avoid the high likelihood of disruptive displacem ent in 92 percent of cases.7 13. T h e E stim ated In crem en tal Im pact of a R igh t to C oun sel. T o estim ate the increm ental im pact of a right to counsel in B altim ore C ity, Stout com pared the num ber of households that could avoid the high likelihood of disruptive displacem ent if a right to counsel w ere im plem en ted and com pared it to the n um ber of households that are currently avoiding the high likelihood of disruptive displacem ent (i.e.,w ithout a right to counsel).Stout estim ates that 6,394 households annually w ould likely avoid the high likelihood of disruptive displacem ent if a right to counsel w ere im plem ented com pared to approxim ately 617 households currently avoiding the high likelihood of disruptive displacem ent each year for an increm ental im pact of 5,777 tenants avoiding the high likelihood of disruptive displacem ent. 14. T h e C ost of a R igh t to C oun sel. P roviders of eviction defen se in B altim ore C ity estim ate the cost of fully im plem enting a right to counselin B altim ore C ity to be approxim ately $5.7 m illion ann ually. T his cost includes approxim ately $4.5 m illion in person nel costs for the hiring of staff attorn eys, supervisors, and paralegals to represent and support the representation of tenants w ho w ould be eligible for free representation through a right to counsel. T he rem ainin g $1.2 m illion is for service delivery and operations of a right to counsel, including ren t, utilities, technology, equipm ent, training, and evaluation /data collection. P roviders of eviction defense in B altim ore C ity expect to represen t approxim ately 7,000 tenants annually through a right to coun sel, resulting in a cost per case of approxim ately $821 for those cases for w hich representation is provided. 15. T h e C ost of D isruptive D isplacem en t an d P oten tial C osts A voided as a R esu lt of a R igh t to C oun sel. W ith an annual investm ent of approxim ately $5.7 m illion by B altim ore C ity, it m ay reduce the current cost of disruptive displacem ent caused by eviction or avoid costs related to disruptive displacem ent that are estim ated to be approxim ately $17.5 m illion to B altim ore C ity ann ually if a right to coun sel w ere enacted.8 A dditional cost reductions or costs avoided w ould likely be realized by the state of M aryland if B altim ore C ity w ere to enact a right to coun sel.T ogether,B altim ore C ity and M aryland m ay realize a $35.6 m illion 7 Stout received data from M aryland Legal A id, Public Justice C enter,D isability R ights M aryland, H om eless Persons R epresentation Project,and Pro B ono R esource C enter of M aryland, w hich included inform ation for approxim ately 900 cases. 8 T he quantification of the estim ated $17.5 m illion is described in detail throughout Section V . 11 benefit related to a right to counsel in B altim ore C ity, resulting in a dollar value of a right to counsel betw een $3.06 (B altim ore C ity) an d $6.24 (B altim ore C ity plus M aryland), at a m inim um . Stout quantified potential ben efits or costs avoided related to em ergency shelter, tem porary housing program s, m ental/physical health institution housing, school funding, transportation for students experiencing hom elessness, health care, and foster care. B altim ore C ity and M aryland m ay also realize value in keeping tenants w ho are currently living in affordable housing units in those units. 16. Stout’s estim ate of the annual cost of disruptive displacem ent or potential costs avoided as a result of a right to coun sel m ay be significantly understated. Included in the calculation are benefits of a right to counsel that are quantifiable and reasonably reliable w ith available data. H ow ever, if tenants experienced m ore stable housing, B altim ore C ity w ould enjoy m any ben efits that are n ot at this tim e reliably quantifiable and therefore are not included in Stout’s calculations. T he costs that w ould be avoided and benefits that w ould be enjoyed by B altim ore C ity include, but are n ot lim ited to:         T he education costs,juvenile justice costs,an d child w elfare costs associated w ith children experiencing hom elessness; T he negative im pact of eviction on tenants’credit score,ability to re-rent,and the potential loss of a subsidized housing voucher; T he cost of providing public benefits w hen jobs are lost due to eviction or the eviction process; C ertain additional costs associated w ith hom elessness, such as additional law enforcem ent and incarceration costs; T he cost of fam ily,com m un ity,and neighborhood instability; P reservation of financial and personal assets9; T he costs to B altim ore C ity of enforcing rent law s and regulations that could be avoided; and A reduction ,over tim e,of the n um ber of eviction cases filed resulting in im proved use of B altim ore C ity and M aryland court resources. 9 W hen low -incom e tenants are evicted,it can have a significant detrim ental finan cial im pact in the form of m oving expenses, loss of personal belongings,loss of security deposit,court fees, and fines from landlords.Low incom e tenants already possess few financial assets,but w hen they are evicted th ese w ill likely be fully depleted, m aking their situation even m ore challenging.For exam ple,if after being evicted,a low -incom e tenant needs a repair to his or her vehicle that is used for transportation to w ork and childcare,the financial assets that m ay have been available to pay for the repair m ay have been used for the expenses described above. 12 ?sTour Sec?onl? Housing and Eviction Trends N ationalH ousing and Eviction Trends 17. A decade after the G reat R ecession and the bursting of the housing bubble in 2009, m ore A m ericans are now living in rental housing than has been reported since 1965.10 B etw een 2006 and 2016,the percentage of renters in the U nited States increased from 31 percent to 36 percent.11 Y oung adults,B lacks,H ispanics,and household w ith low er levels of education have historically been m ore likely to rent than others,and w hile ren talrates have increased am ong these groups over the past 10 years, rental rates have also in creased am ong groups that have historically been less likely to rent – W hites and m iddle-aged adults.12 Figures 1, 2,and 3 illustrate the increases in rental rates for different dem ographic groups. Figu re 1 Figure 2 10 C illuffo,A nthony et al.“M ore U .S. households are ren ting than at any point in 50 years.” Pew R esearch C enter. July 19, 2017. 11 “Share of R enters R ise in Each of the 50 Largest U .S. C ities.” Z illow .A ugust 8, 2018. 12 C illuffo,A nthony et al.“M ore U .S. households are ren ting than at any point in 50 years.” Pew R esearch C enter. July 19, 2017. 14 18. A s show n in Figure 1, generational trends h ave contributed to the increased num ber of renters. M illen nials, and m ore recently, G eneration X and B aby B oom ers are renting instead of ow ning. T hese generations are also choosing to live in urban areas, w here ren tin g is m ost com m on, m ore frequently than in the past.13 A pproxim ately 82 percent of the U .S. population is currently living in urban areas com pared to 64 percent in 1950.14 B y 2050, approxim ately 90 percent of the U .S. population is expected to be living in urban areas.15 19. In 2017,the average renter’s household incom e w as approxim ately $39,000 – the sam e as 16 years ago after adjusting for inflation – w hile m edian rental housin g costs (i.e., rent an d utilities) increased n early 11 percent after adjusting for inflation.16 Figure 4 illustrates this trend. Figure 3 13 W estcott,Lucy.“M ore A m ericans M oving to C ities,R eversing the Suburban Exodus.” T he A tlantic. M arch 27, 2014. 14 “U .S. C ities Factsheet.” U n iversity of M ichigan C enter for Sustainable System s.R eferencing the U nited N ations W orld U rbanization Prospects.2018. 15 Ibid. 16 M azzara,A licia. “C ensus: R enters’ Incom es Still Lagging B ehin d H ousing C osts.” C enter on B udget and Policy Priorities. Septem ber 13, 2018. 15 Figure 4 20. M edian renter household incom e decreased significantly during the recessions that began in 2001 and 2007 before increasing again in 2012, approxim ately tw o years after the G reat R ecession ended.17 R enter household incom e levels did n ot fully recover from the recessions until 2017, w hen renter household incom e returned to 2001 levels.18 In 2017, the m edian renter household incom e increased tw o percent, but a portion of the incom e increase reflects an in crease in the n um ber of high-incom e households sw itching from ow ning to renting rather than household incom e increases for low - and m oderate-incom e renter households alone.19 T hroughout the U .S. there is grow ing con cern regarding rental affordability as incom e rem ains stagnant am ong low - and m oderate-incom e renter households. 21. U nsurprisingly, rental affordability issues are m ost problem atic for the low est w age earners. O f the nation ’s 43.3 m illion renter households, approxim ately 11 m illion have extrem ely low incom es (i.e., having househ old incom e at or below the Federal P overty Level or 30 percent of area m edian incom e “A M I,” w hichever is higher).20 A ssum ing housing costs should be no m ore than 30 percent of household incom e (“the accepted standard” for housing affordability that evolved from the U nited States N ational H ousing 17 Ibid. Ibid. 19 Ibid. 20 “T he G ap: A Shortage of A ffordable H om es.” N ation al Low Incom e H ousing C oalition.M arch 2019. 18 16 A ct of 1937 21), only 7.4 m illion rental hom es are affordable to extrem ely low -incom e renters. T his results in a shortage of 3.6 m illion affordable ren tal hom es across the country.22 T he relative supply of affordable and available rental units increases as incom es increase.23 For every 100 extrem ely low -incom e renter households,only 37 rental units are affordable and available.24 Fifty-eight affordable and available rental units exist for every 100 low -incom e renter households,and 94 exist for every 100 m iddle-incom e households.25 For every 100 renter households earning 100 percent of the A M I, there are 102 affordable and available rental un its.26 Figure 5 depicts these m etrics. Figure 5 22. T he gap betw een the dem and for and supply of rental units, increasing rents, stagnated m inim um w age-based incom es, and insufficient govern m ent assistance – on ly 25 percent of eligible households receive federal rental assistance27 – has created not only an affordable housing crisis throughout the country but also an eviction crisis. T he eviction crisis is com pounded by a lack of represen tation for tenants, low filing fees (i.e., it is inexpensive to file an eviction case), insufficient inspection law s and processes, an d unenforced fines. 23. A ccording to the m ost recent A m erican H ousing Survey, approxim ately 2.7 m illion renter households w ere unable to pay all or part of their rent w ithin the three m onths preceding 21 Schw artz,M . and W ilson , E. “W ho C an A fford to Live in a H om e?: A look at data from the 2006 A m erican C om m unity Survey”.U S C ensus B ureau.N .d. 22 “T he G ap: A Shortage of A ffordable H om es.” N ation al Low Incom e H ousing C oalition.M arch 2019. 23 Ibid. 24 Ibid. 25 Ibid. 26 Ibid. 27 Fischer,W ill.“R esearch Sh ow s H ousing V ouchers R educe H ardship and Provide P latform for Long-T erm G ains A m ong C hildren.” C enter on B udget and Policy Priorities.O ctober 7,2015. 17 the survey.28 T he sam e survey indicated that approxim ately 800,000 renter households w ere threaten ed w ith an eviction filing 29, and approxim ately 160,000 renter households received a court ordered eviction notice30.31 M ore than seven percent of all renters indicated that it w as either “very likely” or “som ew hat likely” that they w ould need to leave their apartm ent due to an eviction w ithin the tw o m onths follow ing the survey.32 W hen asked w here they w ould live in the event of an eviction, approxim ately 32 percent (14.2 m illion ) of all renters responded that they w ould m ove in w ith fam ily or friends, and approxim ately three percent (1.3 m illion ) responded that they w ould enter shelter.33 W hile there are lim itation s to these m etrics (e.g., illegal or “out-of-court” evictions, no national evictions database,underreporting of threatened evictions for fear of retaliation ),they can serve as a starting point for understanding the national eviction landscape. Baltim ore City H ousing and Eviction Trends 24. Like m uch of the coun try,B altim ore C ity ren ters struggle w ith stagnant incom es and increasing rents.34 Figure 6 show s the percentage change in renter incom e as it relates to the percentage change in m edian rent in B altim ore C ity.35 Figure 6 28 A m erican H ousing Survey. U .S. C ensus B ureau. 2017. T he A m erican H ousing Survey question used to collect this data point w as, “H ave you been threatened w ith eviction in the last 3 m onth s?” Source: T he A H S C odebook located at census.gov/data-tools/dem o/codebook/ahs. 30 T he A m erican H ousing Survey question used to collect this data point w as, “H ave you received an eviction notice from a court?” Source: T he A H S C odebook located at census.gov/data-tools/dem o/codebook/ahs. 31 A m erican H ousing Survey. U .S. C ensus B ureau. 2017. 32 Ibid. 33 Ibid. 34 G arboden, Philip M .E. “T he D ouble C risis: A Statistical R eport on R ental H ousin g C osts and A ffordability in B altim ore C ity, 2000-2013.” T he A bell Foundation. M ay 2016. 35 Ibid. 29 18 25. In B altim ore, approxim ately 57 percent of renter households are housing cost burden ed, paying m ore than 30 percent of their incom e on housing.36 Furtherm ore,approxim ately 33 percent of all renters in B altim ore spend 50 percent of their incom e on housing, m aking these households severely housing cost burdened.37 H ousing cost burden in B altim ore appears to have increased significantly in the last 10 years durin g w hich the num ber of housing cost burdened m iddle-incom e households increased from approxim ately 1,800 to m ore than 7,500 – nearly a 425 percent increase.38 R acial disparity in housing cost burden for B altim ore C ity renters is stark: approxim ately 59 percent of B lack renters and approxim ately 58 percent of H ispanic ren ters are housing cost burdened com pared to 47 percent of W hite and A sian renters.39 B ased on data from the 2013 A m erican C om m unity Survey,B altim ore has the fifth highest percen tage of housing cost burdened households of the top 25 largest cities in the U nited States behind only D etroit,Los A ngeles,P hiladelphia, and M em phis.40 T he 2013 A m erican C om m un ity Survey also revealed that renters in the B altim ore m etropolitan area had the second highest percentage of renters th reaten ed w ith eviction in the country.41 Eviction Filings as a Rent Collection M echanism 26. R esearch regarding th e eviction process in B altim ore highlights the disparity betw een th e num ber of ann ual eviction filings and the num ber of executed evictions (i.e., instances w here the sheriff rem oves a tenant from their hom e).42 In B altim ore, there are approxim ately 140,000 annual eviction filings and 125,000 rental units – an eviction filing rate of m ore than 100 percent.43 T he significant filing rate in B altim ore C ity is likely attributable to M aryland,unlike m any other states,perm itting landlords to file an eviction w ithout first sending a N otice to Q uit to the tenant and providing the tenant w ith som e num ber of days to rectify the issue. O f the 150,000 ann ual eviction filings, approxim ately 6,500 result in an executed eviction – an executed eviction rate of approxim ately four percent.44 W hile it is difficult to im agine the spectrum of circum stan ces for the rem aining 36 Ibid. Ibid. 38 Ibid. 39 A sante-M uham m ad,D edrick.“T he R acial W ealth D ivide in B altim ore.” R acial W ealth D ivide Initiative.January 2017. 40 G arboden, Philip M .E. “T he D ouble C risis: A Statistical R eport on R ental H ousin g C osts and A ffordability in B altim ore C ity, 2000-2013.” T he A bell Foundation. M ay 2016. 41 “Justice D iverted H ow R en ters A re Processed in the B altim ore C ity R ent C ourt.” Public Justice C enter. D ecem ber 2015.R eferencin g the A m erican C om m unity Survey. 2013. 42 “Justice D iverted H ow R en ters A re Processed in the B altim ore C ity R ent C ourt.” Public Justice C enter. D ecem ber 2015. 43 G arboden, Philip M E, et al. “Serial Filing: H ow Lan dlords U se the T hreat of Eviction.” C ity and C om m unity. A pril 2019. 44 Ibid. 37 19 96 percent of filings w here an eviction w as n ot executed, it is reasonable to expect that a portion of these tenants are experiencing situations w here landlords are using eviction filings to collect rent.45 T hat is,landlords m ay continuously file evictions against the sam e tenants w ith the inten t of collecting rent,n ot rem oving them from their hom es.46 B ecause M aryland perm its landlords to file an eviction w ithout n otifying th e tenant,the landlord’s burden for filing is very low .47 27. In jurisdiction s like B altim ore dem ographically and econom ically, eviction filing rates are significantly low er. M em phis, T enn essee and A tlanta, G eorgia, both of w hich have population sizes, poverty rates, percentage of renters, m edian gross rents, rent burdens, and racial com positions com parable to B altim ore C ity, the eviction filing rate is approxim ately 17 percent.48 T hat is, in M em phis and A tlanta, there are approxim ately 17 eviction filings for every 100 renter households.In B altim ore C ity,there are approxim ately 115 eviction filings for every 100 renter households. T he substan tial difference in the eviction filing rate betw een B altim ore and the com parable jurisdictions of M em phis and A tlanta,com bined w ith B altim ore’s lack of pre-filing notice and low cost of filing indicate that eviction filings are being used as a rent collection m echanism in B altim ore C ity. 28. Filing an eviction in B altim ore C ity costs betw een $30 and $56 depending on the type of case.49 T he filing begins a legal process designed to com pel tenants to pay back-rent ow ed by leveraging the pow er im balance betw een landlords and tenants.50 T hrough the repeated eviction filings,m any landlords charge and collect late fees (an additionalrevenue stream ), even from tenants w ho are expected to pay the back-rent ow ed.51 H ousing Conditions 29. A yearlong 2017 investigation by the B altim ore Sun found that housing court judges routinely failed to hold landlords accountable for uninhabitable properties being rented to tenants.52 T he m ost com plaints regarding housing conditions w ere filed against the H ousing A uthority of B altim ore C ity, w hich ow ns and m anages m ore than 9,000 public 45 Ibid. Ibid. 47 “Justice D iverted H ow R en ters A re Processed in the B altim ore C ity R ent C ourt.” Public Justice C enter. D ecem ber 2015. 48 D ata com piled by T he Eviction Lab at evictionlab.org. 49 “C ost Schedule.” D istrict C ourt of M aryland. 50 G arboden, Philip M E, et al. “Serial Filing: H ow Lan dlords U se the T hreat of Eviction.” C ity and C om m unity. A pril 2019. 51 Ibid. 52 D onovan, D oug and M arbella, Jean. “D ism issed: T enants Lose,Landlords W in in B altim ore’s R ent C ourt.” T he B altim ore Sun.A pril 26, 2017. 46 20 housing units.53 A n analysis of m ore than 5,500 com plaints filed by B altim ore tenants betw een 2010 and 2016 revealed that judges favored landlords even w hen in spectors found and reported code violations such as leaking roofs,insect and roden t infestation ,and lead paint.54 A pproxim ately 60 percent of housing conditions com plaints filed by B altim ore tenants w ere verified by housing inspectors, and approxim ately 33 percent of code violations found by inspectors w ere classified as threats to life, health, and safety – the standard that perm its judges to open a rent escrow account.55 H ow ever,the analysis found that judges authorized rent paym ents into th ese accounts less than half as frequently as they could have.56 In cases w here escrow accounts w ere established and inspectors found dw ellings to be illegal or uninhabitable, judges aw arded 89 percent of escrow ed rent to landlords.57 30. B altim ore C ity requires all residential rental units to pass an inspection to obtain a rental license.58 P rior to 2018,this requirem ent applied only to approxim ately 6,000 m ulti-fam ily properties w ith three or m ore units.59 H ow ever, m ost of B altim ore’s code violations for m old,rodents,and lack of heat w ere found in one and tw o unit properties,w hich constitute approxim ately half of the C ity’s rental m arket.60 For its 2015 report,Justice D iverted: H ow R enters are Process in the B altim ore C ity R ent C ourt, P ublic Justice C enter surveyed tenants in housing court regarding their ren tal unit condition s. T he survey revealed that 78 percent of respondents reported at least one threat to their health or safety in their current hom e at the tim e of the survey.61 O f tenants reportin g existing conditions threatening their health or safety,approxim ately 72 percent notified their landlords of the conditions issues before their trial dates.62 Figure 7 show s the top 10 housing defects reported by tenants in B altim ore C ity housin g court.63 53 Ibid. Ibid. 55 Ibid. 56 Ibid. 57 Ibid. 58 D onovan, D oug.“N ew B altim ore law requiring all rental properties to be in spected aim ed at im proving conditions.” B altim ore Sun .January 21, 2018. 59 Ibid. 60 Ibid. 61 “Justice D iverted H ow R en ters A re Processed in the B altim ore C ity R ent C ourt.” Public Justice C enter. D ecem ber 2015. 62 Ibid. 63 Ibid. 54 21 Figure 7 Stout’s Analysis of Eviction Filings in Baltim ore City 31. A ccording to data reported by the D istrict C ourt of M aryland,there w ere 110,833 landlordtenant cases filed in 2019, excluding cases filed in D ecem ber. U sin g estim ates from prior years, it is reasonable to expect that if filing data w ere available for D ecem ber, the total annual filings for 2019 w ould be approxim ately 132,000.64 Figure 8 show s the ann ual num ber of landlord-tenant filings as reported by the D istrict C ourt of M aryland. A nnual N um ber of Filin gs A nnual N um ber of Eviction Filings in B altim ore C ity R eported by the D istrict C ourt of M aryland - 2015 to 2019* 180,000 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 2015 2016 2017 2018 2019 Y ear *Eviction filin gs for D ecem ber 2019 w ere n ot available.T he ann ual n um ber of eviction filings show n here for 2019 in cludes an estim ated n um ber of filin gs for D ecem ber 2019. Figure 8 64 D ata reported by the D istrict C ourt of M aryland found at https://w w w .m dcourts.gov/district/about#stats 22 32. T he annual num ber of eviction filings is helpful to understand general case filing trends, but m ore granular inform ation about each eviction filing gives an in-depth view about specific eviction filings characteristics. D ata for eviction filings in B altim ore C ity are not available electronically. T o gather additional detail about individual eviction filings in B altim ore C ity, Stout visited the D istrict C ourt of M aryland in B altim ore C ity to scan a representative sam ple of ren t cases (i.e., cases filed for the n on-paym ent of rent). T he representative sam ple included approxim ately 400 cases based on a 95 percen t confidence interval and a five percent m argin of error. Stout developed a case selection m ethodology for reasonably assurin g that the sam ple w as representative of rent cases filed throughout 2019. 33. Stout’s analysis of the representative sam ple revealed that approxim ately 99 percent of tenants w ere unrepresented,and approxim ately 96 percent of landlords w ere represented. For the 96 percent of landlords w ho w ere represented,approxim ately 78 w ere represen ted by an agent and approxim ately 22 percent w ere represented by attorn eys. T he 10 m ost frequent landlord agents or attorn eys w ere counsel in approxim ately 70 percent of the sam ple cases,w ith the tw o m ost frequen t providing representation in nearly 30 percent of cases. For com plaints w here subsidized tenancy inform ation w as available, an estim ated 12 percent of cases w ere filed against tenants w ith subsidized tenan cies. 34. Eviction com plaint form s in B altim ore C ity have a field w here landlords enter the am oun t of ongoing m on thly rent paid by the tenant. A pproxim ately 85 percent of the sam e cases w ere filed against ten ants w ith ongoing m onthly rents of greater than $600, w ith 29 percent filed against tenants w ith ongoing m onthly rents of greater than $1,000. A dditionally, 84 percent of filings indicated that one m on th’s rent w as due at the tim e of the filing.Figure 9 show s the ongoing m onthly rent paid by tenants for w hom a com plaint for the non-paym ent of rent w as filed against in increm ents of $100. 23 R eported O ngoing M onthly R ent Paid by T enants for w hom a C om plaint for the N on-Paym ent of R ent w as Filed A gainst R eported O n goin g M on thly R en t M ore than $1,000 $901 - $1,000 $801 - $900 $701 - $800 $601 - $700 $501 - $600 $401 - $500 $301 - $400 $201 - $300 $101 - $200 $100 or less 0% 5% 10% 15% 20% 25% Percentage of N on-Paym ent of R en t C om plaints 30% 35% Figure 9 35. In addition to the ongoing m onthly rent, the com plaints also have a field w here landlords enter the total am ount they are seeking from the tenant. A pproxim ately 82 percent of the sam ple rent cases w ere filed seeking m ore than $700 from tenants,w ith 44 percent seeking m ore than $1,000.Figure 10 show s the am oun t sought by landlords in non-paym ent of rent cases in increm ents of $100. R eported T otal A m ount Sought by Landlords in N on-Paym ent of R ent M ore than $1,000 R eported O ngoing M onthly R ent $901 - $1,000 $801 - $900 $701 - $800 $601 - $700 $501 - $600 $401 - $500 $301 - $400 $201 - $300 $101 - $200 $100 or less 0% 10% 20% 30% 40% 50% Percentage of N on-Paym ent of R ent C om plaints Figure 10 24 36. Stout analyzed the court assigned case dispositions and found that in non-paym ent of rent cases w here the tenant is unrepresented:      A pproxim ately 63 percent of cases resulted in a default judgm ent for the landlord; A pproxim ately 29 percent of cases resulted in a voluntary dism issalby the landlord; A pproxim ately four percent of cases resulted in a judgm ent in favor of the landlord by consent; A pproxim ately tw o percent of cases resulted in a dism issal because no party appeared; and A pproxim ately one percent of cases resulted in other dispositions. 37. Figure 11 show s this distribution of court assigned case dispositions and includes a description of w hich case dispositions con stitute the on e percent of other dispositions. C ourt A ssigned C ase D ispositions for U nrepresented T enants in N on-Paym ent of R ent C ases 2% 1% D efault Judgm ent for Lan dlord 4% V olun tary D ism issal by Lan dlord Judgm en t in Favor of Lan dlord - B y C onsen t C ase D ism issed - N o Party A ppeared 29% O ther* 63% *"O ther"court assigned case dispositions include: (1) D efault Judgm ent for Landlord w ithout the R ight of R edeption; (2) Judgm ent in Favor of Landlord by T rial; (3) C ase D ism issed - Landlord Failed to A ppear; (4) C ase D ism issed - Im proper C om plaint; (5) C ase D ism issed O ther; and (6) C ase D ism issed by C ourt Figure 11 38. Stout’s analysis of court assign ed case dispositions for un represented tenants indicated that 93 percent of unrepresented tenants had a high likelihood of experiencing disruptive displacem ent through the eviction process. Stout uses the phrase “disruptive displacem ent” to capture outcom es of cases beyond “w inning” and “losing.” For exam ple, there m ay be circum stances w here tenants did not have a form aleviction w arrant executed against them and therefore w ere not displaced but have still experienced disruption in their lives because of the eviction filing, like en tering a judgm ent by consent w ith unrealistic paym ent term s resulting in additional financial strain. A dditionally,there m ay 25 be circum stances w ere a tenant loses possession of the apartm ent but w as granted an extra 14 days to vacate the apartm ent.In this situation,disruptive displacem ent m ay have been avoided because of the additional tim e to fin d alternative,suitable housing. 39. R epresentation disparities and the im pact of representation on the outcom e of cases have been observed throughout the country. R ecognizing this im balance and seeking to create a fairer civil justice system , intergovernm ental organizations like the U nited N ation s and advocates in m ajor U .S. cities are generatin g aw areness of the issue and increasingly providing law yers to tenants unable to afford one in eviction proceedings. 26 ?sTour Sec?onlv Research Findings The Eviction Right to CounselM ovem ent “Establishing publicly funded legal services for low -incom e fam ilies in housing court w ould be a cost-effective m easure that w ould preven t hom elessness, decrease evictions, and give poor fam ilies a fair shake.” – M atthew D esm ond, Evicted: Poverty and Profit in the A m erican C ity 40. For tenants facing eviction in cities across the country,having legalrepresentation is often the difference betw een housing and hom elessness.65 T here are civillegalservices providers and pro bono attorn eys w ho often assist low -incom e tenants in eviction cases,but they are lim ited and constrain ed by a lack of resources and funding that do not often exist for landlords’ coun sel. 41. W ith needs as im portant as housing, em ploym ent and fam ily stability, education, health at stake,m any legaland com m unity-based advocates for the low -incom e population argue for a civil right to legal counsel, including in housing court.66 T hey argue that a right to counsel,like the right that exists in crim inal proceedings,w ould en sure due process of law and procedural fairness in an area of vital interest to tenants, their fam ilies, and society.67 B oth international and national organization s as w ell as state and local governm ents have m ade com m itm ents to ensuring equal access to the law and legal aid w hen necessary. 42. In 2012 the U nited N ations G eneral A ssem bly crafted T he D eclaration of the H igh-level M eeting on the R ule of Law w hich states: “the right of equal access to justice for all, including m em bers of vulnerable groups, an d the im portance of aw areness-raising concerning legalrights,and in this regard,w e com m it to taking allnecessary steps to provide fair, transparent, effective, non-discrim inatory and accountable services that prom ote access to justice for all,including legal aid.” 43. T he A m erican B ar A ssociation (A B A ) form ally called for a right to counselin eviction cases m ore than 10 years ago. A B A R esolution 112A , w hich w as approved unanim ously in 2006, reads: “R ESO LV ED ,T hat the A m erican B ar A ssociation urges federal,state,and territorial governm ents to provide legal counsel as a m atter of right at public expense to low incom e person s in those categories of adversarial 65 B rey, Jared. “H ow C ities A re T rying to Level the Playin g Field for T enants Facing Eviction .” Spotlight on Poverty and O pportunity. O ctober 18,2017. 66 Frankel,M artin, et al. “T he im pact of legal counsel on outcom es for poor ten ants in N ew Y ork C ity's housin g court: results of a random ized experim ent.” Law and Society R eview . 2001. 67 Ibid. 28 proceedings w here basic hum an needs are at stake, such as those involving shelter, sustenance, safety, health or child custody, as determ in ed by each jurisdiction.” 44. A t the 2015 ann ual C on ference of C hief Judges and C onference of State C ourt A dm inistrators, both groups unanim ously passed R esolution 5, R eaffirm ing the C om m itm ent to M eaningful A ccess to Justice for A ll,w hich: “supports the aspirational goal of 100 percent access to effective assistance for essential civil legal needs and urges their m em bers to provide leadership in achieving that goaland to w ork w ith their A ccess to Justice C om m ission or other such entities to develop a strategic plan w ith realistic and m easurable outcom es… and urges the N ational C enter for State C ourts and oth er national organizations to develop tools and provide assistance to states in achieving the goal of 100 percen t access through a contin uum of m eaningful and appropriate services.” 45. Federal legislation, T he Eviction Prevention A ct, w as in troduced in the H ouse of R epresentatives by C ongressw om an R osa D eLauro of C onnecticut in D ecem ber 2019.68 T he Eviction Prevention A ct w ould allow the U nited States A ttorney G eneral to authorize grants to states, cities, and counties to provide representation to tenants w ith incom es low er than 125 percen t of the Federal P overty Level.69 Jurisdiction s establishing a right to counsel w ould receive preference for additional funding.70 T he bill also authorizes the A ttorney G eneral to collect eviction data and requires the G overnm en t A ccountability O ffice to report to C on gress the cost savings related to providing representation in eviction cases.71 A lso introduced in D ecem ber 2019 w as bipartisan federal legislation cospon sored by senators from C olorado and O hio.72 T he Eviction C risis A ct of 2019 w ould create a standardized national database for evictions, establish an Em ergen cy A ssistance Fund to provide short-term financial assistance and housing stability services to tenants experiencing eviction , and require consum er reporting agencies to provide tenants w ith their screening reports w hen they are requested during a rentalapplication process so that tenants can contest or correct inaccurate or incom plete inform ation in the reports.73 C ongressw om an A lexandria O casio-C ortez introduced a bill, the P lace to P rosper A ct, specifically calling for a right to counsel for tenants in eviction proceedings, am ong other 68 “D eLauro Introduces Eviction Prevention A ct.” U nited States R epresentative R osa D eLauro R epresenting the T hird D istrict of C on necticut.D ecem ber 4, 2019. 69 Ibid. 70 Ibid. 71 Ibid. 72 “Senators Introduce Eviction C risis A ct.” N ation al H ousing and R ehabilitation A ssociation.D ecem ber 18, 2019. 73 Ibid. 29 changes to m ake housing m ore equitable.74 R epresentative Jam es C lyburn introduced the Legal A ssistance to P revent Evictions A ct of 2020, w hich w ould provide federal grant m oney to jurisdictions expanding eviction representation, w ith priority given to jurisdictions that have im plem ented a right to coun sel for ten ants facing eviction.75 Senator Jeff M erkley introduced the M aking A ffordable H ousing O pportun ities M ore Equitable A ct, w hich also provides federal funding for jurisdictions enacting a right to counsel.76 46. Jurisdiction s throughout the country have taken steps to provide the right to counsel or access to legal inform ation to tenants facing eviction. T hese jurisdictions are highlighted in blue in Figure 12 an d discussed in greater detail below . Figure 12 47. N ew Y ork. July 2017: N ew Y ork C ity becom es the first U .S. city to pass legislation guaranteeing a right to coun sel for tenants in eviction proceedings.77 T he legislation w as 74 H R 5072 H B 5884. 76 S. 2452. 77 C apps,K riston. “N ew Y ork C ity G uarantees a Law yer to Every R esident Facing Eviction.” C ity Lab.A ugust 14, 2017. 75 30 spurred by strong grassroots m ovem ents by tenant organizers and advocates.Stout’s costbenefit analysis,w hich contributed to the legislation,found that the legislation w ould save N ew Y ork C ity $320 m illion annually.78 A pril 2019: C ity council m em bers introduce bills to expand the incom e eligibility for the right to coun sel and fund tenant organizing.79 N ovem ber 2019: T he N ew Y ork C ity O ffice of C ivil Justice, the agency respon sible for overseeing the im plem entation of right to counsel, reported that since the right w as enacted, 84 percent of represented tenants have rem ained in their hom es.80 A dditionally, the eviction rate has declined by m ore than 30 percent in the zip codes w ith a right to counsel since im plem entation of the right to coun sel began.81 February 2020: T w o com m ittees of the N ew Y ork C ity C ouncil h eard eight hours of testim ony from tenants, organizers, com m unity organizations, legal aid providers, governm en t agencies, and housing court judges regarding the im pact th at right to counsel has had in N ew Y ork C ity. T estim ony also included support for the tw o pending bills – one for increasing the incom e eligibility and one for funding tenant organizing.82 48. C aliforn ia. June 2018: San Francisco becom es the second city to guarantee a right to counsel for tenants in evictions cases through a ballot referendum . San Francisco M ayor London B reed subsequently earm arked $1.9 m illion for fiscal year 2018-2019 and $3.9 m illion for fiscalyear 2019-2020 to im plem en t the new law .83 D uring fiscalyear 2018-2019, approxim ately 1,600 evictions w ere filed in San Francisco.84 July 2018: A dvocates in C oncord released a report discussing housing affordability challenges, hazardous conditions, and tenants’ persistent fear of eviction. T he report recom m ended a cityw ide right to counsel law .85 A nother tenant advocacy group in the area released a report calling for a statew ide right to coun sel bill, notin g the increasing n um ber of tenants facing eviction and the rapid pace of eviction proceedings.86 Jun e 2019: P ro bono law firm ,P ublic C ounsel, and the U niversity of C alifornia Los A ngeles release a report advocating for reform s to landlord-tenant law , including establishing a right to coun sel as a tenant 78 “T he Financial C ost and B enefits of Establishing a R ight to C ounsel in Eviction Proceedings U nder Intro 214A .” Stout R isius R oss.M arch 16,2016. 79 M ironova, O ksana. “N Y C R ight to C ounsel: First year results and potential for expansion .” C om m unity Service Society.M arch 25, 2019. 80 U niversal A ccess to Legal Services: A R eport on Y ear T w o of Im plem entation in N ew Y ork C ity.” O ffice of C ivil Justice,N ew Y ork C ity H um an R esources A dm inistration.Fall 2019. 81 Ibid. 82 G onen, Y oav. “Eviction D rop Fuels Push to Expand Free H ousing H elp for Low -In com e N Y C T enants.” T he C ity. February 24,2020. 83 W axm ann ,Laura. “T enant advocacy groups set to received funding under ‘R ight to C oun sel’ program .” San Francisco Exam iner.N ovem ber 28, 2018. 84 B rinklow ,A dam . “Eviction notices in SF drop once again.” C urbed.A pril 2,2019. 85 “T he H ousing C risis H its H om e in C oncord.” 2018. 86 Inglis,A im ee and Preston , D ean. “C alifornia Evictions are Fast and Frequent.” T enants T ogether.M ay 2018. 31 protection.87 Septem ber 2019: Los A ngeles C ounty B oard of Supervisors passes m otions to advance several tenan t protection m easures, including an eviction defense program for low -incom e households facing eviction.88 Initial proposed funding in cludes $2 m illion for startup costs and $12.5 m illion for im plem entation ann ually.89 D ecem ber 2019: Santa M onica takes steps tow ard becom ing the sixth city to establish a right to counsel for tenants facing eviction.90 Los A ngeles C ity C ouncil voted to add $9 m illion to its eviction defense fund, increasing the fund to $23.5 m illion for eviction defense.91 February 2020: D ata is released show ing that eviction filings in San Francisco declined by 10 percent,and that 67 percen t of those receiving full-scope representation have been able to stay in their hom es.92 49. N ew Jersey. In D ecem ber 2018, N ew ark C ity C ouncil passed a bill guaranteeing a right to counsel in eviction cases.93 In its first four m onths of existence, the new ly-created O ffice of T enant Legal Services “took on 140 cases, yielding results that have helped m ore than 350 residents avoid hom elessness.”94 50. O h io. In Septem ber 2019, C leveland’s city council passed legislation to provide a right to counsel for tenants w ho have incom es at or below 100 percent of the federal poverty guidelines and w ho have at least one child.95 51. P en n sylvan ia. June 2017: P hiladelphia city council allocates $500,000 to expand legal representation for ten ants facing eviction.96 N ovem ber 2018: Stout releases a cost-benefit analysis of right to counsel legislation in P hiladelphia, finding that such a law w ould save the C ity of P hiladelphia $45.2 m illion an nually.97 M ay 2019: C ity council m em bers 87 B onett, G regory et al.“H ow Perm anent T enant Protections C an H elp C om m unities Prevent H om elessness and R esist D isplacem ent in Los A ngeles C ounty.” Public C ounsel an d U C LA School of Law . June 2019. 88 W enzke,M arissa an d B urch,W endy.“L.A .C ounty Supervisors V ote 5-0 for Perm anent R ent C ontrol M easure A ffecting 100,000 T enants in U nincorporated A reas.” K T LA 5. Septem ber 2019. 89 M otion by Supervisors Sheila K uehl and M ark R idley-T hom as. “Im plem enting Eviction D efense an d Prevention Services in Los A ngeles C ounty.” Septem ber 10, 2019. 90 Pauker, M adeleine. “U niversal legal representation for renters w ould cost up to $1 m illion.” Santa M onica D aily Press.D ecem ber 17, 2019. 91 N ational C oalition for a C ivil R ight to C ounsel. http://civilrighttocounsel.org/m ajor_developm ents/1273 92 Press R elease: Supervisor D ean Preston H olds H earin g on Im plem entation for R ight to C ounsel Law . February 24, 2020. 93 B rey, Jared. “T enants’ R igh t to C ounsel on the M ove, N ext Stop N ew ark.” N ext C ity.January 10, 2019. 94 “7 strategies for reducing the num ber of eviction s in your com m unity.” B loom berg C ities. February 26,2020. 95 H lavaty,K aylyn. “Legislation passes to protect children in hom es facing eviction by providing free legal help for low -incom e tenants.” N ew s 5 C leveland. O ctober 1, 2019. 96 B lum gart,Jake.“Philadelphia sets aside $500,000 to h elp renters fight eviction.” W H Y Y . June 29,2017. 97 “Econom ic R eturn on Investm ent of Providing C oun sel in Philadelphia Eviction C ases for Low -Incom e T enants.” Stout R isius R oss.N ovem ber 13,2018. 32 introduce a bill to establish an ordinance for a right to counsel in eviction proceedings.98 N ovem ber 2019: P hiladelphia C ity C ouncil passes right to counsel legislation for tenants facing eviction,becom ing the fifth U .S.city to do so.99 52. M assach usetts. January 2017: T he m ayor of B oston announces a five-billpackage that w ill be subm itted to the state legislature to assist w ith tenant displacem ent.100 O ne of the bills w ould require a court-appointed attorney to represent low -incom e tenants in eviction proceedings.101 January 2019: T hroughout 2019, various bills w ere introduced to th e M assachusetts State Legislature proposing a statew ide right to coun sel in eviction proceedings, creating a public task force, an d prom oting hom elessness prevention.102 July 2019: T he M assachusetts Joint Judiciary C om m ittee held a public hearing on the eviction right to coun sel bills.103 N ovem ber 2019: T he M assachusetts R ight to C ounsel C oalition drafted and refiled three right to counselbills for consideration by the Judiciary C om m ittee in the 2019-2020 session. 53. M in n esota. In M arch 2019, legislation establishing a right to counsel for public housing tenants facing eviction due to a breach of lease w as introduced in the M innesota Legislature.104 54. C on n ecticut. In 2019, Senate B ill 652 em erged from C onn ecticut that w ould create a statew ide right to counsel for tenants m akin g less than $50,000. T his bill stem m ed from the w ork of a task force created in 2016 to explore a right to coun sel in civil cases.105 55. T exas. In A ugust 2019, San A ntonio C ity C ouncil earm arked funding for a tenant representation pilot.106 56. V irgin ia. In July 2019, in response to data from the Eviction Lab show ing that R ichm ond has one of the highest eviction rates in the country, Equal Justice W orks launched its 98 B lum gart,Jake.“Philly ren ters guaranteed law yers in eviction court under new C ity C ouncil bill.” W H Y Y . M ay 9, 2019. 99 D ’O nofrio, M ichael. “Philly C ity C ouncil passes right to counsel bill for low -incom e tenants.” Pen nsylvania C apital-Star. N ovem ber 18, 2019. 100 C hakrabarti, M eghna and B ruzek,A lison .“M ayor W alsh U nveils Package of A nti-D isplacem ent B ills.” W B U R . January 13,2017. 101 Ibid. 102 M cK im ,Jenifer and Serran o,A lejan dro. “A s rents soar in B oston ,low -incom e ten ants try to stave off eviction.” B oston G lobe. February 19, 2019. 103 Schoen berg, Shira. “T enan ts in eviction cases get pow erful B eacon H ill ally in B oston M ayor M arty W alsh.” M assLive.July 17, 2019. 104 2019 B ill T ext M N H .B .2593. 105 N ational C oalition for a C ivil R ight to C ounsel. http://civilrighttocounsel.org/m ajor_developm ents/1367 106 “R ight to C ounsel Pilot receives fun ding through 2020 B udget to aid renters facin g eviction.” C ity of San A ntonio. A ugust 30,2019. 33 H ousing Justice P rogram , w hich placed six fellow s in R ichm ond to assist individuals and fam ilies facing eviction or experiencing housing instability.107 57. W ash in gton , D C . In July 2017,city council en acted the Expanding A ccess to Justice A ct of 2017,w hich included a proposal to expand representation in eviction cases.108 58. C olorado. In D ecem ber 2019, advocates in B oulder launched a cam paign to establish a right to counsel for tenants facing eviction.109 Im pacts and Related Costs of Evictions to States,Cities,Counties,and M unicipalities 59. Stout review ed num erous studies and the results of program s w here represen tation w as provided to tenants. Stout’s research focused on: (1) the costs of eviction as they related to states,cities,counties,and m unicipalities and (2) the benefits associated w ith providing representation to tenants in eviction proceedings. 60. T he im pacts and costs of eviction to states, cities, coun ties, and m unicipalities are significant and m ulti-dim ensional. Substantial reporting has docum ented the negative im pact that evictions have on individuals,fam ilies,businesses,and com m unities.M any of these im pacts are unquantifiable, but clear costs exist. T his section details these costs to 107 “M eet the Fellow s in O ur H ousing Justice Program .” Equal Justice W orks.A ugust 29,2019. D .C . A ct 22-130. 109 “N o Eviction w ithout R epresentation.” N ew r.N .d. 108 34 provide insight into h ow representation in eviction cases could m itigate these costs or assist in redirecting th e funds to other efforts undertaken by the jurisdiction. 61. H om elessn ess – Sh elter E n try an d th e Likelih ood of D isruptive D isplacem en t. W hile hom elessness m ay not alw ays be experienced im m ediately follow in g an eviction, eviction is a leading cause of hom elessness. B altim ore’s 2019 point-in -tim e count of people experiencing hom elessness asked respondents w hat the prim ary cause(s) of their hom elessness w ere. T w enty-tw o percent of people experiencing hom elessn ess indicated that eviction w as the prim ary cause of their current hom elessness.110 O nly “kicked out by fam ily/friends” (31 percent) and “lost job/em ploym ent” (25 percent) w ere cited m ore frequently.111 A 2018 study of hom elessness in Los A ngeles C ounty, citing surveys conducted as part of recent hom eless counts, stated that 40 percent of un sheltered adults cited unem ploym ent and lack of m on ey,w hich encom passed inability to pay for shelter,as the reason for experiencing hom elessness.112 T his factor w as identified m ore than tw ice as often any other factor,and eviction or foreclosure w as specifically identified as the prim ary reason for hom elessness by 11 percent of un sheltered adults.113 A 2018 study of shelter use in N ew Y ork C ity suggests that eviction s:(1) increase the probability of applying for shelter by 14 percentage points com pared to a baseline probability of approxim ately three percent for households n ot experiencing an eviction; and (2) increase the num ber of days spent in shelter during the tw o years after an eviction filing by five percen tage points, or about 36 days.114 T he researchers concluded that because the estim ated effects persist long-term , avoiding eviction does not sim ply delay a period of hom elessn ess, it leads to lasting differences in the probability of experiencing hom elessness.115 A 2014 San Francisco study of an eviction defense pilot program , citin g a recent survey of fam ilies experiencing hom elessness, stated that 11 percen t of fam ilies in San Francisco hom eless shelters identified evictions (legal and illegal) as a reason for experiencing hom elessness.116 T he H ousing and H om eless D ivision Fam ily and P revention Services P rogram M anager in San Francisco has stated that the num ber of fam ilies experiencing hom elessness as a result of an eviction is potentially over 50 percent – m uch higher than 11 percent – w hen considering the interm ediate living arrangem ents m ade w ith friends and fam ily before the 110 B altim ore C ity C ontinuum of C are 2019 Point in T im e C ounty R eport. T he Journey H om e.N .d. Ibid. 112 Flam ing,D aniel et al. “Escape R outes: M eta-A nalysis of H om elessness in L.A .” Econom ic R oundtable.A pril 2018. 113 Ibid. 114 C ollinson ,R obert and R eed,D avin. “T he Effects of Evictions on Low -Incom e H ouseholds.” N ew Y ork U niversity Law .D ecem ber 2018. 115 Ibid. 116 San Francisco R ight to C ivil C oun sel P ilot Program D ocum entation R eport. John and T erry Levin C enter for Public Service and Public Interest, Stan ford Law School.M ay 2014. 111 35 fam ilies w ho have been evicted access the shelter system .117 T he 50 percent estim ate is supported by the survey of fam ilies experiencing hom elessness, in w hich 45 percent of respondents stated that the cause of their hom elessn ess w as bein g asked to m ove out.118 Furtherm ore, a 2013 dem ographics report of adult shelters in San Francisco found that 36 percent of its population w as living w ith friends or relatives before experiencin g hom elessness.119 T he M assachusetts Interagen cy C ouncil on H ousin g and H om elessness analyzed a variety of reports generated by the state’s shelter system to determ ine that 45 percent of people experiencing hom elessness or w ho are at risk of experiencin g hom elessness cite eviction as the reason for their housing instability.120 Sim ilar statistics w ere observed in H aw ai’i w here 56 percent of fam ilies experiencing hom elessness cite inability to afford rent as the reason for their experiencing hom elessness.121 A n additional 18 percent of fam ilies cited eviction specifically, as the reason for their experiencing hom elessness.122 In Seattle, a survey of tenants w ho w ere evicted revealed that nearly 38 percent w ere living un sheltered and half w ere living in a shelter, transitional housing, or w ith fam ily and frien ds.123 O nly 12.5 percent of evicted responden ts secured another apartm ent to m ove into.124 T he N ew Y ork C ity D epartm ent of H om eless Services found that eviction w as the m ost com m on reason for fam ilies en tering city sh elters betw een 2002 an d 2012.125 R obin H ood,a N ew Y ork C ity-based non-profit organization that provides funding to m ore than 200 program s in N ew Y ork C ity,estim ates that 25 percent of tenants w ho are evicted enter hom eless shelters.126 62. H om elessn ess – Sh elter an d O th er Support C osts. In B altim ore C ity, an em ergency shelter bed costs $30 per night per person.127 A t an average length of stay of 113 days in em ergency shelter, em ergency shelter costs are approxim ately $3,400 per person in em ergency shelter.128 B altim ore’s per night per person cost of $30 is com parable to costs 117 Ibid. Ibid. 119 Ibid,citing 2013 D em ographics R eport – San Francisco Single A dult Shelters. 120 “R egional N etw orks to End H om elessness Pilot Final Evaluation R eport.” M assach usetts Interagency C ouncil on H ousing and H om elessn ess.February 15, 2011. 121 “H om eless Service U tilization R eport.” C enter on Fam ily at the U niversity of H aw ai’i an d the H om eless Program s O ffice of the H aw ai’i State D epartm ent of H um an Services.2010. 122 Ibid. 123 “Losing H om e: T he H um an C ost of Eviction in Seattle.” T he Seattle W om en’s C om m ission and the H ousin g Justice Project of the K ing C ounty B ar A ssociation. Septem ber 2018. 124 Ibid. 125 “T he R ising N um ber of H om eless Fam ilies in N Y C , 2002-2012: A Look at W hy Fam ilies W ere G ranted Shelter, the H ousing T hey H ad Lived in and W here T hey C am e From .” N ew Y ork C ity Independent B udget O ffice. 2014. 126 https://w w w .robinhood.org/w hat-w e-do/m etrics/ 127 Z aleski,A ndrew .“A s B altim ore B ulldozes T ents, Q uestions of H ousing D isplaced H om eless Em erge.” N ext C ity. M arch 14, 2013. 128 “M O H S R eport to the B oard – June 2019.” 118 36 observed in other com parable jurisdictions.W hile per night per person costs are im portan t to consider, there are often additional costs incurred in support of people experiencing hom elessness.T he M assachusetts H ousing and Shelter A lliance estim ates that a hom eless individualresiding in M assachusetts creates an additionalcost burden for state-supported services (shelter,em ergency room visits,incarceration,etc.) that is $9,372 greater per year than an individual w ho has stable housing.129 Each tim e a hom eless fam ily enters a staterun em ergency shelter,the cost to the state is estim ated at $26,620.130 T he C entral Florida C om m ission on H om elessn ess has reported that the region spends $31,000 per year per hom eless person related to law enforcem ent,jail,em ergency room ,and hospitalization for m edical and psychiatric issues.131 T he C ity of B oise, Idaho reported that costs associated w ith chronic hom elessness are $53,000 per person experiencing h om elessn ess annually including day shelters, overn ight shelters, policing / legal, jail, transportation, em ergency m edical services and drug and alcohol treatm ent.132 In contrast, providing hom eless individuals w ith perm anent housing and case m anagers w ould cost approxim ately $10,000 per person an nually.133 B y w ay of com parison, M aineH ousing, the state agency providing public and private housing to low and m oderate-incom e tenants in M aine, found that the average annualcost of services per person experiencing hom elessn ess to be $26,986 in th e greater P ortland area and $18,949 statew ide.134 T he services contem plated in the average annual cost w ere associated w ith: physical and m ental health, em ergency room use, am bulance use, incarceration, and law enforcem ent.135 Investing in eviction prevention helps a com m unity save valuable resources by stopping hom elessness before it starts.136 A three-year study by R A N D C orporation found that providing housing for very sick individuals experiencing hom elessness saved taxpayers thousands of dollars by reducing hospitalization and em ergency room visits.137 For every dollar invested in the program ,the Los A ngeles C ounty governm ent saved $1.20 in health care and social service costs.138 63. E m ploym en t an d H ousin g In stability. Eviction can lead to job loss m aking it m ore difficult to find housing, further burdening an already struggling fam ily. M atthew 129 W ood-B oyle,Linda. “Facin g Eviction : H om elessness P revention for Low -Incom e T enant H ouseholds.” Federal R eserve B ank of B oston .D ecem ber 1, 2014. 130 Ibid. 131 Santich,K ate. “C ost of hom elessness in C entral Florida? $31k per person.” O rlando Sentinel.M ay 21, 2014. 132 C rossgrove Fry,V anessa. “R educing C hronic H om eless via Pay for Success,A Feasibility R eport for A da C ounty,Idaho.” C ity of B oise.N .d. 133 Santich,K ate. “C ost of hom elessness in C entral Florida? $31k per person.” O rlando Sentinel.M ay 21, 2014. 134 A cquisto, A lex and R hoda, Erin. “T he $132k idea that could reduce B angor’s eviction problem .” B angor D aily N ew s. Septem ber 24,2018. 135 Ibid. 136 Ibid. 137 H olland,G ale.“Study fin d L.A .C ounty saves m oney by housing sick hom eless people.” Los A ngeles T im es. D ecem ber 4, 2017. 138 Ibid. 37 D esm ond, author of Evicted: Poverty and Profit in the A m erican C ity, describes how job loss and eviction can be interconnected. W hen an evicted tenant does not know w here his or her fam ily w ill sleep the next night, m ain taining steady em ploym ent is unlikely. If the evicted tenant is unem ployed, securing housing after being evicted m ay take precedence over securing a job. If the evicted tenant is em ployed, the instability created by eviction often affects w ork perform ance and m ay lead to absenteeism , causing job loss.139 T he period before an eviction m ay be characterized by disputes w ith a landlord or stressful encoun ters w ith the court system .140 T hese stressors can cause w orkers to m ake m istakes as they are preoccupied w ith non-w ork m atters.141 A fter an eviction, w orkers m ay n eed to m iss w ork to search for new housing,and because they now have an eviction record,finding a landlord w illing to rent to them m ay increase the tim e it takes to secure n ew housing.142 W orkers m ay n eed to live farther from their jobs,increasing the likelihood of tardiness and absenteeism .143 A recent H arvard U niversity study suggests the likelih ood of being laid off to be 11 to 22 percen tage points higher for w orkers w ho experien ced an eviction or other involun tary m ove com pared to w orkers w ho did not.144 A sim ilar analysis in W isconsin,the M ilw aukee A rea R enters Study, found that w orkers w ho involuntarily lost their housing w ere approxim ately 20 percent m ore likely to subsequently lose their jobs com pared to sim ilar w orkers w ho did not.145 A pproxim ately 42 percent of responden ts in the M ilw aukee A rea R enters Study w h o lost their job in the tw o years prior to the study also experienced an involuntary m ove.146 T he im pact of job loss and eviction disproportionately affects B lack people w ho face significant discrim ination in both the housing and labor m arkets.147 64. Eviction not only adversely affects unem ployed and em ployed tenants’ job prospects but also the potential future earnings of children. R obin H ood estim ates a child’s average future earnings could decrease by 22 percent if the child experienced juvenile delinquency, w hich can be associated w ith the disruption to fam ilies from eviction.148 W hen fam ilies and children earn less (now or in future periods) the associated financial strains can result in various costs to the cities and com m unities in w hich they live. R esearch has show n that 139 D esm ond,M atthew an d T olbert K im bro,R achel. “Eviction’s Fallout: H ousing, H ardship,and H ealth.” Social Forces.February 24, 2015. 140 D esm ond,M atthew an d G erhenson , C arl. “H ousing an d Em ploym ent Insecurity am ong the W orking Poor.” H arvard U niversity.January 11,2016. 141 Ibid. 142 Ibid. 143 Ibid. 144 Ibid. 145 D esm ond,M atthew . “U naffordable A m erica: Poverty, housing,and eviction.” Institute for R esearch on Poverty. M arch 2015. 146 D esm ond,M atthew an d G erhenson , C arl. “H ousing an d Em ploym ent Insecurity am ong the W orking Poor.” H arvard U niversity.January 11,2016. 147 Ibid. 148 https://w w w .robinhood.org/w hat-w e-do/m etrics/ 38 forced m oves can perpetuate gen erationalpoverty and further evictions.149 In addition,the reduction in earn ing capacity for these fam ilies can increase the dem and on various social services provided by these cities and com m unities. Further, cities lose the econ om ic benefit of these w ages, including the econ om ic stim ulus of com m unity spending and potential tax reven ue. T hese im pacts – potential earn ing capacity, generational poverty, and other econ om ic consequences – are long-term and incredibly challenging to reverse. 65. A bility to R e-R en t an d C redit Score. T enan ts w ith an eviction case brought against them m ay have the case on their record w hether they are ultim ately evicted or n ot. B ecause of open record law s in m any states, this inform ation is easily accessible, free, and used to create tenant blacklists,m aking it difficult for tenants w ith eviction records to re-rent and exacerbating housing discrim ination.150 D ata aggregation com panies are now creating “screening packages” that landlords can use to select their tenants.151 T hese packages often include a full credit report, background check, and an eviction history report. U sing data and technology to stream line and autom ate the screening process w ill only exacerbate the im pact of eviction on tenants.O n e data aggregation com pany stated the “it is the policy of 99 percent of our [landlord] custom ers in N ew Y ork to flat our reject anybody w ith a landlord-tenant record, no m atter w hat the reason is and no m atter w hat the outcom e is… ”.152 In cities w here there is a right to counsel, the n um ber of eviction filings has declined,indicating that a right to counselcan reduce the harm fuleffects of being exposed to the eviction process regardless of case outcom es. M any landlords and public housing authorities w illnot ren t to tenants w ho have been recently evicted.T herefore,renters w ith an eviction on their record w ill often be forced to find housing in less desirable neighborhoods that lack adequate access to public transportation, are farther from their 149 Lundberg, Ian an d D on nelly,Louis. “A R esearch N ote on the Prevalence of H ousing Eviction am ong C hildren B orn in U .S. C ities.” Princeton U niversity, W oodrow W ilson School of Public an d International A ffairs,C en ter for R esearch on C hild W ellbein g.2019. 150 D esm ond,M atthew . “U naffordable A m erica: Poverty, housing,and eviction.” Institute for R esearch on Poverty. M arch 2015. 151 G reene, K im berly. “O nline screening process gives lan dlords peace of m ind.” M ortgage Professional A m erica. N ovem ber 12, 2019. 152 K leysteuber,R udy.“T enan t Screening T hirty Y ears Later: A Statutory Proposal T o Protect Public R ecords.” T he Y ale Law Journal.2007.R eferencing R ogers, T eri K arush.“O nly the Strongest Survive.” T he N ew Y ork T im es. N ovem ber 26, 2006 (quotin g Jake H arrington , founder of O n-Site.com ).W hile the inclination to reject ten ant applicants regardless of the outcom e of their prior eviction case m ight appear to n ullify the im pact of providing representation ,system representation m ay cause a deterrent effect in term s of lan dlords’ decisions of w hether to file an eviction in the first place.N ew Y ork C ity and San Francisco, w hich are the only cities w here a right to counsel has existed long en ough to have data,have both experienced significant declines in their respective eviction filing rates.See: “Press R elease: Supervisor D ean Preston H olds H earing on Im plem entation for R ight to C ounsel Law .” February 24, 2020. & “N ew Y ork C ity R esidential Eviction Filings D ecline.” N Y U Furm an C enter. N ovem ber 18, 2019. 39 jobs, have lim ited or n o options for child care, and lack grocery stores.153 A U niversity of N orth C arolina G reensboro study found that 45 percent of tenants w ho w ere evicted had difficulty obtaining decent, affordable housing after their evictions.154 A dditionally, evictions can have a detrim ental im pact on tenants receiving federal housing assistance, such as Section 8 vouchers. In som e cases, court-ordered eviction s m ay cause revocation of Section 8 vouchers or render the tenant ineligible for future federal housing assistance.155 Landlords often view a potential tenant’s credit score as a key factor in determ in ing w hether they w ant to rent to th e potential tenant or not. A low credit score brought about by a past eviction can m ake it difficult for renters to obtain suitable housing.156 A tenant w ho w as interview ed in the U niversity of N orth C arolina G reensboro study stated, “it [eviction] affected m y credit and it is hard to get an apartm ent… three landlords have turned m e aw ay.”157 D am age to a renter’s credit score from an eviction can also m ake other necessities m ore expen sive since credit scores are often considered to determ in e the size of initialdeposit to purch ase a cellphone,cable and internet,and other basic utilities.158 A nother tenant from the U n iversity of N orth C arolin a G reensboro study stated, “I have applied for at least three different places and w as turned dow n because of the recent eviction. T h e only people I can rent from now are slum lords w ho n eglect their properties.T he ones that don’t even care to do any kind of record check.”159 In M ilw aukee, tenants w ho experienced an involuntary m ove w ere 25 percent m ore likely to have longterm housing instability com pared to other low -incom e tenants.160 A 2018 survey of tenants w ho had been evicted in Seattle foun d that 80 percent of survey responden ts w ere 153 D esm ond,M atthew an d T olbert K im bro,R achel. “Eviction’s Fallout: H ousing, H ardship,and H ealth.” Social Forces.February 24, 2015. 154 Sills, Stephen J.et al. “G reensboro’s Eviction C risis.” T he U niversity of N orth C arolina G reensboro C enter for H ousing and C om m unity Studies.N .d. 155 D esm ond,M atthew an d T olbert K im bro,R achel. “Eviction’s Fallout: H ousing, H ardship,and H ealth.” Social Forces.February 24, 2015. 156 A n eviction itself is not reported to credit bureaus even if the landlord is successful in court,although m oney judgm ents are reported. T h e effects of the eviction m ay appear on a credit report if the tenant failed to pay rent and the landlord sent the delinquency to a collection agency.W hile there is not a set tim efram e for w hen this inform ation appears on a credit report,the item is treated like any other delinquent debt. It w ill rem ain there for seven years from the date of delinquency,even if it is paid off. T here are also screening reports that lan dlords use that report eviction data, crim inal records,etc. See https://aaacreditguide.com /eviction-credit-report/. 157 Sills, Stephen J.et al. “G reensboro’s Eviction C risis.” T he U niversity of N orth C arolina G reensboro C enter for H ousing and C om m unity Studies.N .d. 158 https://w w w .investopedia.com /term s/c/credit_score.asp. 159 Sills, Stephen J.et al. “G reensboro’s Eviction C risis.” T he U niversity of N orth C arolina G reensboro C enter for H ousing and C om m unity Studies.N .d. 160 D esm ond,M atthew . “Evicted: Poverty an d Profit in th e A m erican C ity.” 2016. 40 denied access to new housing because of a previous eviction,and one-third of respondents w ere not able to re-ren t because of a m on etary judgm ent from a previous eviction.161 66. U n paid U tility B ills an d P roperty T axes. A recent study of the costs of eviction in Seattle connected incom e in stability and having unpaid utility or property tax bills to possible eviction.162 A fter an incom e disruption (i.e., job loss, health em ergency, unexpected expenses), financial insecure households are th ree tim es m ore likely to m iss a utility paym ent and 14 tim es m ore likely to be evicted than financially secure households.163 A dditionally,m issed rent paym ents can result in landlords m issing property tax paym ents, w hich are a prim ary source of revenue for local governm ents.164 67. H ealth Im pacts – M en tal an d P h ysical. T here is a grow ing body of research docum enting the im pact of housing in stability on health. R esearchers at B oston M edical C enter have found that housing in stability can affect the m entaland physicalhealth of fam ily m em bers ofallages.165 T heir study revealed that caregivers ofyoung children in low -incom e unstable housing are tw o tim es m ore likely than those in stable housing to be in fair or poor health, and alm ost three tim es m ore likely to report sym ptom s of depression. C hildren aged four and under in these fam ilies had alm ost a 20 percent higher risk of hospitalization,and m ore 25 percent higher risk of developm ental delays.166 A recent study published by the A m erican A cadem y of P ediatrics exam ining the effects of hom elessness on pediatric health found that the stress of both prenatal and postnatal hom elessn ess w as associated w ith increased negative h ealth outcom es com pared to children w ho never experienced hom elessness.167 B lack m others w ho are experiencing hom elessness have w orse birth outcom es than other m others w ho are experiencing hom elessn ess – a reflection of the disparate health outcom es experienced by the general B lack population.168 68. Fam ilies w ho are evicted often relocate to neighborhoods w ith higher levels of poverty and violent crim e.169 R esearchers at B oston M edical C enter and C hildren ’s H ospital found that 161 “Losing H om e: T he H um an C ost of Eviction in Seattle.” T he Seattle W om en’s C om m ission and the H ousin g Justice Project of the K ing C ounty B ar A ssociation. Septem ber 2018. 162 Elliot,D iana an d K alish ,Em m a.“T he C ost of Eviction and U npaid B ills of Financially In secure Fam ilies for C ity B udget.” U rban Institute.January 2017. 163 Ibid. 164 Ibid. 165 B utera, C an dace.“T he B urden of a Late R ent C heck C an H arm the H ealth of B oth Parents an d K ids.” Pacific Standard. January 23, 2018. 166 Ibid. 167 Sandel, M egan ,et.al. “T im ing an d D uration of Pre- an d Postnatal H om elessness and the H ealth of Y oung C hildren .” T he A m erican A cadem y of Pediatrics. Septem ber 2018. 168 G ay D aw es, Elizabeth. “H ousing In stability Is an Im portant (Y et O verlooked) Factor in the M aternal H ealth C risis.” R ew ire.N ew s.A pril 12, 2018. 169 D esm ond,M atthew an d T olbert K im bro,R achel. “Eviction’s Fallout: H ousing, H ardship,and H ealth.” Social Forces.February 24, 2015. 41 hom es w ith verm in infestation, m old, inadequate heating, lead, and in violent areas w ere connected to increased prevalence of respiratory disease, injuries, and lead poisoning in children.170 Living in a distressed neighborhood can negatively influence a fam ily’s w ellbeing.171 M oreover, fam ilies experiencing eviction w ho are desperate to find housing often accept substan dard living condition s that can bring about significant health problem s.172 D ata from the T hird N ational H ealth and N utrition Exam ination Survey estim ated that 40 percent of children living w ith asthm a are so because of their housing environm ents.173 A n A ssociate P rofessor of P ediatrics at D rexel U niversity C ollege of M edicine testified at a P hiladelphia C ity C ouncil hearing that, “science has show n that children w ho live in stressful environm ents, such as substandard housing, the threat of eviction,hom elessness and poverty,have changes in their neurologicalsystem that affects their ability to learn , to focus, and to resolve conflicts.” 174 T he A ssociate P rofessor also stated that this “toxic stress” affects m any of the body’s criticalorgan system s resulting in an increased prevalen ce of behavioral issues, diabetes, w eight issues, and cardiovascular disease.175 Furtherm ore, m ajor life stressors have been found to increase rates of dom estic violence.176 A ccording to a nationw ide survey of dom estic violence shelters and program s, approxim ately 41 percent of respondents indicated evictions and hom e foreclosures as a driver of increased dem and for dom estic violence services.177 In Seattle, approxim ately 38 percent of survey respondents w ho had experienced eviction reported feeling stressed, eight percent experienced increased or new depression, anxiety, or in som nia, and five percent developed a heart condition they believed to be con nected to their housing instability.178 A m ong respondents w ho had school-age children,approxim ately 56 percent indicated that their children’s health suffered “very m uch” as a result of eviction, and approxim ately 33 percent indicated that their children’s health suffered “som ew hat” for a totalof 89 percent of respondents’children experiencing a n egative health im pact because 170 “N ot Safe at H om e: H ow A m erica’s H ousing C risis T hreatens the H ealth of Its C hildren.” T he D oc4K ids Project, B oston M edical C enter and C hildren’s H ospital.1998. 171 D esm ond,M atthew an d T olbert K im bro,R achel. “Eviction’s Fallout: H ousing, H ardship,and H ealth.” Social Forces.February 24, 2015. 172 Ibid. 173 Sandel, M egan and D esm ond, M atthew .“Investing in H ousing for H ealth Im proves B oth M ission and M argin.” T he Journal of the A m erican M edical A ssociation .2017. 174 T aylor,D aniel R . T estim on y Presented to C ity C ouncil C om m ittee on Licenses an d Inspections and the C om m ittee on Public H ealth and H um an Services R egarding R esolution 160988.M arch 20,2017. 175 Ibid. 176 M akepeace, J. “Life Events Stress and C ourtship V iolence.” Fam ily R elations. Jan uary 1983. 177 “H om eless Service U tilization R eport.” C enter on Fam ily at the U niversity of H aw ai’i an d the H om eless Program s O ffice of the H aw ai’i State D epartm ent of H um an Services.2010.R eferencing “D om estic V iolence C ounts 2009: A 24-H our C ensus of D om estic V iolence Shelters an d Services.” N ational N etw ork to End D om estic V iolence.2009. 178 “Losing H om e: T he H um an C ost of Eviction in Seattle.” T he Seattle W om en’s C om m ission and the H ousin g Justice Project of the K ing C ounty B ar A ssociation. Septem ber 2018. 42 of eviction.179 A recent study by C ase W estern U niversity found th at approxim ately 21 percent of interview ed tenants facing eviction self-reported that th ey w ere experiencing poor health.180 Forty-five percent of interview ed tenants reported that they had been m entally or em otionally im pacted by the eviction process and that their children w ere also m entally or em otionally im pacted.181 69. A survey of approxim ately 2,700 low -incom e m others from 20 cities across the country w ho experienced an eviction con sistently reported w orse health for them selves and their children, including increased depression and parental stress.182 T hese effects w ere persistent.T w o years after experiencing eviction,m others stillhad higher rates of m aterial hardship and depression than m others w ho had not experienced eviction.183 In a study of the effects of forced dislocation in B oston’s W est End,approxim ately 46 percent of w om en and 38 percent of m en expressed feelings of grief or other depressive reaction s w hen asked how they felt about their displacem ent.184 A study on the effects of eviction in M iddlesex C ounty, C on necticut included interview s w ith individuals w ho had experienced an eviction. In alm ost every case, interview ees expressed that their eviction n egatively im pacted their physical and m ental health.185 A pproxim ately tw o-thirds of interview ees reported feeling m ore anxious, depressed, or hopeless during th e eviction process.186 Individuals w ho had previously struggled w ith m entalhealth issues reported that the stress from the eviction exacerbated their conditions w ith three interview ees reporting hospitalization for m ental health issues follow ing their eviction s.187 Inadequate sleep, m alnourishm ent, physical pain, and increased use of drugs and alcohol w ere also cited by the interview ees.188 70. A s w ith m any of the n egative im pacts of eviction, both physical and m ental health issues can be long-term , difficult to reverse, and extrem ely costly to treat. A study of M edicaid beneficiaries in N ew Jersey found that health care spending for M edicaid beneficiaries w ho w ere experiencing hom elessness w ere betw een 10 and 27 percent higher than M edicaid 179 Ibid. “T he C leveland Eviction Study: O bservations in Eviction C ourt and the Stories of People Facing Eviction .” C enter on U rban Poverty and C om m unity D evelopm ent, C ase W estern U niversity.O ctober 2019. 181 Ibid. 182 D esm ond,M atthew an d T olbert K im bro,R achel. “Eviction’s Fallout: H ousing, H ardship,and H ealth.” Social Forces.February 24, 2015. 183 Ibid. 184 Fried, M arc. “G rieving for a Lost H om e: Psychological C osts of R elocation.” T he M IT Press. 1966. 185 B abajide,R ilw an, et.al. “Effects of Eviction on Individuals and C om m unities in M iddlesex C ounty.” T he M iddlesex C ounty C oalition on H ousing and H om elessness.M ay 12, 2016. 186 Ibid. 187 Ibid. 188 Ibid. 180 43 beneficiaries w ho w ere stably housed, all else equal.189 T he 10 to 27 percent increase in M edicaid spending for beneficiaries experien cing hom elessness equates to an additional $1,362 to $5,727, of w hich at least 75 percent is attributed to inpatient hospital and em ergency departm en t services.190 A study of cohort fam ilies in M ichigan found that M edicaid spending for adults experiencing hom elessness w ere 78 percent higher than the statew ide average and 26 percent higher for children experiencing hom elessn ess than the statew ide average.191 71. A ccording to data received from the M aryland H ospitalA ssociation ,the average charge per patient for inpatient hospital care is approxim ately $37,200 for patients not experiencing hom elessness in B altim ore.192 For patients experiencing hom elessn ess,the average charge per patient for inpatient hospital care is approxim ately $37,900.193 T he average length of stay for inpatient hospital care is approxim ately nine days for patients not experiencing hom elessness and approxim ately 15 days for patients experiencing hom elessness – a length of stay 66 percent longer than patients not experiencing hom elessness.194 T he average charge per patient for em ergency departm ent care in B altim ore for patients not experiencing hom elessness is approxim ately $2,100.195 For patients experiencing hom elessness,the average charge per patient for em ergency departm ent care in B altim ore is approxim ately $7,600 – m ore than 3.5 tim es the cost for patients not experiencing hom elessness.196 72. T he connection betw een housing stability and a household’s m en tal and physical health are evident. H aving a safe, habitable hom e can provide solace, especially in tim es of crisis w hen m ental and physical health issues m ay becom e exacerbated. D uring the global pandem ic of N ovel C oronavirus (C O V ID -19), n um erous cities and states th roughout the country in stituted eviction m oratorium s, recognizing the crucial role housing plays in public health and safety.197 189 C antor, Joel C .et al. “M edicaid U tilization and Spending am ong H om eless A dults in N ew Jersey: Im plication s for M edicaid-Funded T enancy Support Services.” T he M ilbank Q uarterly.January 22,2020. 190 Ibid. 191 Spellm an, B rooke, et.al. "C osts A ssociated W ith First-T im e H om elessness for Fam ilies and In dividuals." U .S. D epartm ent of H ousing an d U rban D evelopm ent, O ffice of Policy D evelopm ent and R esearch. M arch 2010. 192 D ata received by Stout from the M arylan d H ospital A ssociation using IC D -10 code Z 49.0. 193 Ibid. 194 Ibid. 195 Ibid. 196 Ibid. 197 Parker,W ill. “C oronavirus O utbreak Pushed Local G overnm ents to Freeze H om e Evictions.” T he W all Street Journal. M arch 22, 2020. 44 73. Suicide. In 2015,the A m erican Journal of P ublic H ealth published the first com prehensive study of housing instability as a risk factor for suicide.198 R esearchers identified 929 eviction- or foreclosure-related suicides, w h ich accounted for one to tw o percent of all suicides and 10 percen t to 16 percent of all financial-related suicides from 2005 to 2010.199 In 2005, prior to the “housing bubble” burstin g,there w ere 58 eviction-related suicides.200 A t the peak of the housing crisis in 2009, there w ere 94 eviction-related suicides, an increase of 62 percent from 2005.201 T hese statistically significant increases w ere observed by researchers relative to the frequency of all other suicides during the sam e period and relative to suicides associated w ith general financial hardships, suggesting that the increase in eviction- or foreclosure-related suicides w as not only a part of a gen eral increase in the num ber of suicides.202 A fter the housing crisis, eviction-related suicides began to revert to pre-crisis levels. A pproxim ately 79 percent of suicides occurred before the actualloss of housing,and 39 percent of people com pleting suicide had experienced an eviction- or foreclosure-related crisis (e.g., eviction n otice, court hearing, vacate date) w ithin tw o w eeks of the suicide.203 74. R esearchers in Seattle seeking to exam in e the m ost extrem e consequences of eviction conducted a detailed review of 1,218 eviction cases in Seattle,findin g four individuals w ith eviction cases died by suicide.204 In a M iddlesex C ounty, C onnecticut report, a tenant experiencing eviction had shared w ith the interview er that she “ended up having a breakdow n,and I ended up in the hospital and I had a suicide attem pt.”205 75. Im pacts on C h ildren . W hen fam ilies are evicted, children experience a variety of disruption s that can negatively im pact their education and beh avior. D ata from T he N ational A ssessm ent of Education P rogress, know n as “the N ation’s R eport C ard,” suggests that children w ho frequen tly change schools (i.e., m ore than tw ice in th e preceding 18 m onths) are half as likely to be proficient in reading as their stable peers.206 198 Fow ler,K atherine A .et al. “Increase in Suicides A ssociated W ith H om e Eviction and Foreclosure D uring the U S H ousing C risis: Findings From 16 N ational V iolent D eath R eporting System States,2005-2010.” A m erican Journal of Public H ealth. February 2015. 199 Ibid. 200 Ibid. 201 Ibid. 202 Ibid. 203 Ibid. 204 “Losing H om e: T he H um an C ost of Eviction in Seattle.” T he Seattle W om en’s C om m ission and the H ousin g Justice Project of the K ing C ounty B ar A ssociation. Septem ber 2018. 205 B abajide,R ilw an et al. “Effects of Eviction on Individuals and C om m unities in M iddlesex C ounty.” T he M iddlesex C ounty C oalition on H ousing and H om elessness.M ay 12, 2016. 206 Isaacs, Julia and Lovell, Ph illip. “T he Im pact of the M ortgage C risis on C hildren and T heir Education.” First Focus.M ay 1, 2008.,citing R um berger,R ussell. “T he C auses and C onsequences of Student M obility.” Journal of N egro Education. 2003. 45 A study of third grade students w ho frequently changed schools foun d that m obile students w ere approxim ately tw ice as likely to perform below grade levelin m ath com pared to n onm obile students.207 N ot only do m obile studen ts perform w orse in reading and m ath than their stable peers, they are also nearly three tim es m ore likely to repeat a grade, and the likelihood that they w ill graduate is reduced by m ore than 50 percent.208 In Seattle, approxim ately 88 percent of survey respondents w ith school-aged children reported their children’s school perform ance suffered “very m uch” because of the eviction the fam ily experienced, and approxim ately 86 percent of respondents reported their children had to m ove schools after the eviction.209 Figure 13 from the K ansas C ity Eviction P roject Study of Student M obility, Evictions, and A chievem ent show s a negative correlation betw een th e test scores of third graders and the portion of students experiencin g an eviction. T hat is, as the portion of students experiencing an eviction increases, test scores decrease.210 Figure 13 76. A U niversity of M ichigan study of the role of housing instability in schoolattendance foun d that 40 percent of students experiencing hom elessness w ere chronically absent (i.e., m issing 10 percent or m ore of school days) in the 2016-2017 school year.211 Students experiencing hom elessness w ere chronically absent m ore than tw o-and-a-half tim es m ore 207 Isaacs, Julia and Lovell, Ph illip. “T he Im pact of the M ortgage C risis on C hildren and T heir Education.” First Focus.M ay 1, 2008.,citing “Elem entary School C hildren: M any C hange Schools Frequently,H arm ing T heir Education.” U nited States G eneral A ccounting O ffice R eport.1994. 208 Ibid.A n d Isaacs, Julia an d Lovell, Phillip. “T he Im pact of the M ortgage C risis on C hildren an d T heir Education.” First Focus. M ay 1, 2008.,citing R um berger,1993. 209 Losing H om e: T he H um an C ost of Eviction in Seattle.” T he Seattle W om en’s C om m ission and the H ousing Justice Project of the K ing C ounty B ar A ssociation. Septem ber 2018. 210 “Student M obility,Evictions, and A chievem ent.” K an sas C ity Eviction Project.January 24, 2018. 211 Erb-D ow n w ard, Jennifer and W att, Payton. “M issing School, M issing A H om e: T he Link B etw een C hronic A bsenteeism , Econ om ic In stability and H om elessness in M ichigan .” U niversity of M ichigan Poverty Solutions. N ovem ber 2018. 46 frequently than students w ho w ere housed and m ore than four tim es as often as higher incom e students.212 In A tlanta,there is an ongoing program that em beds housing attorneys and com m unity advocates in high schools in neighborhoods w here m any residen ts are experiencing housing instability.213 A s a result of the program , the enrollm ent turn over rate decreased by 25 to 51 percent in certain schools, and attorneys stopped 20 evictions and assisted w ith 81 other housing-related cases.214 77. C hildren w ho frequently m ove are also m ore likely to experience behavioral issues. R esearchers analyzed survey data from the M others and N ew born s Study, a longitudinal birth cohort m aintained by the C olum bia C enter for C hildren’s En vironm ental H ealth, to ascertain certain characteristics of children born to approxim ately 500 m others.215 R esearchers found that children w ho experienced housing instability w ere approxim ately tw ice as likely to have thought-related behavioralissues and w ere approxim ately one-anda-half tim es m ore likely to have attention-related behavioral health issues than children w ho w ere stably housed.216 78. Fam ily In stability – C h ild W elfare an d Foster C are System s.P overty,housing instability, and child w elfare/foster care system involvem ent are con nected. Low -incom e children of parents w ho are experiencing hom elessn ess are four tim es m ore likely to becom e involved w ith the child w elfare system than low -incom e, stably housed children.217 H om elessness not only increases the likelihood that a child w ill be placed in foster care, but also creates barriers to fam ily reun ification once a child is placed in foster care or w ith other fam ily m em bers.218 A ccording to U .S. D epartm ent of H ealth and H um an Services, approxim ately 10 percent of children are rem oved from their hom es because of housing issues.219 C aliforn ia spends approxim ately $167 m illion annually in federal funds on foster care and services for children separated because of h ousing instability, but the state could save approxim ately $72 m illion if it could use those funds to ensure housing w as readily available w hen parents are eligible for reunification.220 T his fam ily separation is a lesserknow n consequence of the affordable housing crisis throughout the country and in 212 Ibid. Starnes,A shleigh and K ing,K atie. “Standing w ith O ur N eighbors Featured on C B S T his M orning.” A tlanta V olunteer Law yers Foundation.M arch 23, 2018. 214 Ibid. 215 “H ousing Instability Is Lin ked to A dverse C hildhood B ehavior.” U rban Institute. M ay 8, 2019.R eferencing G aylord,A bigail et al. “Im pact of H ousing Instability on C hild B ehavior at A ge 7 Y ears.” International Public H ealth Journal. July 1, 2018. 216 Ibid. 217 Ibid. 218 “K eeping Fam ilies T ogether.” N ew M exico A ppleseed. 2013. 219 “T he A FC A R S R eport.” U .S.D epartm ent of H ealth an d H um an Services,A dm inistration for C hildren and Fam ilies. O ctober 20,2017. 220 Ibid. 213 47 B altim ore. D uring fiscal year 2019, approxim ately tw o percent of foster care entries in B altim ore involved children w ho w ere experiencing hom elessness, and nearly 10 percent of foster care entries in B altim ore involved children w hose fam ilies w ere experiencing housing instability.221 79. In a survey of 77 fam ilies living in W orcester, M assachusetts shelters, approxim ately 19 percent of their children w ere placed in foster care com pared to 8 percent of low -incom e, housed children in W orcester.222 Findings from a sim ilar survey of fam ilies experiencing hom elessness in N ew Y ork C ity indicated that 35 percent of fam ilies had an open child w elfare case and 20 percent had one or m ore children in foster care.223 A study of approxim ately 23,000 m others living in P hiladelphia found that approxim ately 37 percen t of m others experiencing hom elessn ess becam e involved w ith child w elfare services w ithin the first five years of a child’s birth com pared to approxim ately 9 percent of m others living in low -incom e n eighborhoods and 4 percent of other m others.224 T he risk of child w elfare services involvem ent at birth is nearly seven tim es higher for m others w ho have ever experienced hom elessness com pared to m others w ho have neither experienced hom elessness n or are in the low est 20 percent bracket of incom e.225 C hildren born into fam ilies that have experienced hom elessn ess w ere placed into foster care in approxim ately 62 percent of cases com pared to approxim ately 40 percent of cases involving low -incom e fam ilies.226 80. A first of its kind study in Sw eden recently exam ined to w hat extent children from evicted households w ere separated from their fam ilies and placed in foster care. T he study found that approxim ately four percen t of evicted children w ere placed in foster care com pared to 0.3 percent of n on -evicted children.227 A n A m erican study, using a nationally representative longitudinal data set, explored the prevalence of housing inadequate housing am ong fam ilies under investigation by child w elfare services agencies.228 Findings 221 A ccording to data provided to P JC by the M aryland D epartm ent of H um an Services, Social Services A dm inistration . 222 B assuk, E.L.,et al.“H om elessness in Fem ale H eaded Fam ilies: C hildhood an d A dult R isk an d Protective Factors.” A m erican Journal of Public H ealth. 1997. 223 N unez,R .D .“H opes,D ream s,an d Prom ise: T he Future of H om eless C hildren in A m erica.” Institute for C hildren an d P overty, H om es for the H om eless Inc. 1994. 224 C ulhane, Jenn ifer,et.al.“Prevalence of C hild W elfare Services Involvem ent am ong H om eless an d Low Incom e M others: A Five-year B irth C ohort Study.” Journal of Sociology an d Social W elfare. 2003. 225 Ibid. 226 Ibid. 227 B erg,Lisa. “Evicted children an d subsequent placem ent in out-of-hom e care: A cohort study.” C entre for H ealth Equity Studies,D epartm ent of Public H ealth Sciences, Stockholm U n iversity.A pril 18, 2018. 228 Fow ler, PJ,et. al. “In adequate housing am ong fam ilies under investigation for child abuse and neglect: prevalence from aa national probability sam ple.” A m erican Journal of C om m unity Psychology. 2013. 48 indicated that inadequate housing contributed to 16 percent of foster care placem en ts am ong fam ilies under investigation by child protective services.229 81. P hysicaland psychologicalaggression tow ard children has also been con nected to housin g instability.230 M others experiencing hom elessn ess and m others living “doubled-up” (i.e., w ith fam ily and/or friends) reported higher levels ofphysically aggressive behaviors tow ard a child com pared to other low -incom e, housed m others – 29 percent, 18 percent, and 13 percent, respectively.231 A pproxim ately 39 percent of m others experiencing hom elessness or m others living “doubled-up” reported psychologically aggressive behaviors tow ard a child com pared to 22 percent of other low -incom e, housed m others.232 M others w ho had experienced hom elessness w ere approxim ately tw ice as likely to engage in a physical aggression tow ard a child com pared to other low -incom e,housed m others.233 82. C om m un ity In stability.R esearchers have in vestigated how high eviction rates unravelthe socialfabric of com m unities.W hen evictions take place on a large scale,the effects are felt beyond the fam ily bein g evicted; a social problem that destabilizes com m unities occurs.234 M ore than m iddle- and upper-incom e househ olds,low -incom e households rely heavily on their neighbors. For exam ple, individuals in low -incom e com m un ities depend on each other for childcare, elder care, transportation , and security because they cannot afford to pay for these services independently. M atthew D esm ond has indicated through his w ork that eviction can account for high residential instability rates in neighborhoods w ith high levels of poverty,holding all other factors equal.235 83. B urden on C ourt System . U nrepresented tenants increase the adm inistrative burden on courts that w ould not exist if the tenant w as represented. U nrepresented tenants are not necessarily in form ed about the applicable law and court procedures, w hich poses significant dem ands on court staff and court resources.236 For exam ple, w hen asked w hat types of resources they used,unrepresented tenants responded w ith “con sultation of court 229 Ibid. Park,Jung M in et al. “Physical and Psychological A ggression tow ards a C hild am ong H om eless,D oubled-up, and O ther Low -Incom e Fam ilies.” Journal of Social Service R esearch.M arch 31, 2015. 231 Ibid.T he federal governm ent includes people living in “doubled up” environm ents in its definition of hom eless. 232 Ibid. 233 Ibid. 234 B lum gart,Jake.“T o reduce unfair evictions tenants need law yers.” Plan Philly. M arch 16,2017 235 Johns-W olfe,Elaina.“Y ou are being asked to leave the prem ises: A Study of Eviction in C incin nati and H am ilton C ounty, O hio, 2014-2017.” T he C incin nati P roject.June 2018.R eferencing D esm ond,M atthew . “C om m un ity in C risis: U nderstanding H ousing Insecurity.“N orthern K entucky U n iversity.2018. 236 H annaford-A gor, Paula an d M ott, N icole. “R esearch on Self-R epresented Litigation: Prelim inary R esults an d M ethodological C onsiderations.” T he Justice System Journal. 2003. 230 49 staff” as one of their top three resources,according to a survey of unrepresented tenants.237 T he researcher w ho adm inistered the survey stated that incom plete or illegible court filings m ake it difficult for judges to determ ine w hat relief the litigant is requesting or if the claim has a legally cognizable basis.238 A dditionally, the pervasive problem of tenants failing to appear for scheduled hearings causes uncertainty for th e court staff about the num ber of cases to schedule on any given docket, leading to unn ecessary delays for other cases in the court’s caseload.239 Benefits of Providing Representation Through a Right to Counsel “Even w here tenants m ay not be able to stay in their units, there are m any things attorneys do to help tenan ts avoid disruptive displacem ent.A ttorn eys m ay be able to keep the eviction off the tenants’records such that the tenants can apply for new housing m ore successfully,increase the am ount of tim e tenants have to relocate, reduce or elim inate any rent arrearages, or help tenants apply for subsidized housing. In oth er w ords, law yers can arrange a soft landing in so m any w ays.” – John P ollock,coordinator of th e N ational C oalition for a C ivil R ight to C oun sel 84. M ore Favorable O utcom es for T en an ts. T he G ideon v. W ainw right decision established that the Fourteenth A m endm ent creates a right for indigent crim inal defendants to be represented by counsel. A lthough this decision explicitly applies to crim inal law , the consequences to the tenant can be equally severe, debilitating, and harm ful. Studies from around the country have assessed the im pact of tenant representation in eviction cases.  Los A ngeles, C alifornia – T he Sargent Shriver C ivil C ounsel A ct established pilot projects to provide representation to low -incom e litigants in certain civil case types, one of w hich w as unlaw ful detainers.240 For clien ts w ho received full representation,“95 percent faced an opposing party w ith legalrepresentation and one percent did not (this inform ation w as m issing or unclear for four percent of clients).”241 Law yers representing tenants achieved favorable outcom es for their clients in 89 percent of cases, including 22 percent rem ain ing in th eir hom es; 71 percent having their m ove-out date adjusted; 79 percent having back rent reduced or w aived; 45 percent retaining their housing subsidy; 86 percen t having their case sealed from public view ; and 54 percent having their credit protected.242 237 Ibid. Ibid. 239 Ibid. 240 Jarvis,K elly L. et al. “Evaluation of the Sargent Shriver C ivil C ounsel A ct (A B 590) H ousing Pilot Projects.” N P C R esearch.July 2017. 241 Ibid. 242 Ibid. 238 50  N ew Y ork C ity – R esearchers conducted a random ized trial in N ew Y ork C ity H ousing C ourt w here tenants w ere random ly selected to receive attorney advice or representation or be told that no attorney w as available to assist them at that tim e.243 B oth groups oftenants,those provided attorn eys and those told assistance w as not available, w ere follow ed through to the conclusion of their cases. T he random ized trialfound that tenants w ho w ere represented by attorneys w ere m ore than 4.4 tim es m ore likely to retain possession of their apartm ents than sim ilar tenants w ho w ere not represented.244 A 2011 study of an eviction defen se program in the South B ronx found that attorneys prevented an eviction judgm ent for approxim ately 86 percent of clients.245 T he program also addressed other longterm client challenges and w as able to prevent shelter entry for approxim ately 94 percent of clients.246 In A ugust 2017, N ew Y ork C ity M ayor B ill de B lasio sign ed into law landm ark legislation that guarantees low -incom e tenants access to counselin eviction proceedings.A 2018 report on the first year of im plem entation in N ew Y ork C ity stated that 84 percent of tenants represented through N ew Y ork C ity’s U niversal A ccess Law rem ained in th eir hom es.247 From 2018 to 2019 residential evictions decreased 15 percent in N ew Y ork C ity, and since the C ity’s increased investm en t in eviction defen se in 2013, residential evictions have decreased 40 percent.248  San Francisco, C alifornia – R epresented tenants w ere able to rem ain in their hom es in 67 percent of cases.249  P hiladelphia, P ennsylvania – Stout found that 78 percent of unrepresen ted tenants experience case outcom es that h ave a high likelihood of disruptive displacem ent.250 W hen tenants are represented, they avoid disruptive displacem ent 95 percent of the tim e.251 243 Sandefur,R ebecca L."T he Im pact of C oun sel: A n A nalysis of Em pirical Evidence," Seattle Journal for Social Justice: V ol. 9: Issue 1,A rticle 3, p.78. 2010. 244 Ibid. 245 “H ousing H elp Program H om elessness Prevention Pilot Final R eport.” Seedco.June 2010 246 Ibid. 247 U niversal A ccess to Legal Services: A R eport on Y ear O ne of Im plem entation in N ew Y ork C ity.” O ffice of C ivil Justice,N ew Y ork C ity H um an R esources A dm inistration.Fall 2018. 248 “A m id N ation w ide Increases,M ayor de B lasio A n nounces R ecord-B reaking 41 P ercent D ecrease in Eviction s C ityw ide.” O ffice of the M ayor.February 24, 2020. 249 Press R elease: Supervisor D ean Preston H olds H earin g on Im plem entation for R ight to C ounsel Law . February 24, 2020. 250 “Econom ic R eturn on Investm ent of Providing C oun sel in Philadelphia Eviction C ases for Low -Incom e T enants.” Stout R isius R oss.N ovem ber 13,2018. 251 Ibid. 51  H ennepin C ounty, M innesota – R epresented tenants w in or settle their cases 96 percent of the tim e, and settlem ents m ade by represented tenants are significantly better than settlem ents m ade by unrepresented tenants.252 R epresented tenants are nearly tw ice as likely to rem ain in their hom es.253 If represented tenants agree to m ove, they are given tw ice as m uch tim e to do so, and nearly 80 percent of represented tenants do not have an eviction record as a result of the case com pared to only six percent of un represen ted tenants.254  B oston, M assachusetts – R epresented tenants fared, on average, tw ice as w ell in term s of rem aining in their hom es and alm ost five tim es as w ell in term s of rent w aived and m onetary aw ards than unrepresen ted tenants.255 R epresented tenants also created a lesser strain on the court system than those w ho w ere unrepresented.256  Seattle,W ashington – R epresented tenants w ere approxim ately tw ice as likely to rem ain in their hom es as unrepresented tenants.257  C hicago, Illinois – R epresented tenants had their cases resolved in their favor approxim ately 58 percent of the tim e com pared to 33 percen t of the tim e for unrepresented tenants.258 R epresen ted tenants w ere also m ore than tw ice as likely to have their cases dism issed, and w hen tenants w ere represented, the rate of landlord sum m ary possession aw ards decreased from approxim ately 84 percent to approxim ately 39 percent.259 252 G rundm an, Luke and K ruger,M uria. “Legal R epresentation in Evictions – C om parative Study.” N .d. Ibid. 254 Ibid. 255 “T he Im portance of R epresentation in Eviction C ases and H om elessness Prevention.” B oston B ar A ssociation T ask Force of the C ivil R igh t to C ounsel.M arch 2012. 256 Ibid. 257 Losing H om e: T he H um an C ost of Eviction in Seattle.” T he Seattle W om en’s C om m ission and the H ousing Justice Project of the K ing C ounty B ar A ssociation. Septem ber 2018. 258 D ukm asova, M aya. “N ew data reveals im pact of being law yerless in C hicago eviction court.” R eader. Septem ber 14,2017. 259 G rundm an, Luke and K ruger,M uria. “Legal R epresentation in Evictions – C om parative Study.” N .d. R eferencing B irn baum , Julian. “C hicago’s Eviction C ourt: A T en ants’ C ourt of N o R esort.” U rban Law A nnual. 1979. 253 52  D enver, C olorado – A pproxim ately 79 percent of unrepresented tenants are displaced due to an eviction.260 R epresented tenants avoid displacem ent in 80 to 90 percent of cases,depending on w hether th e housing is public or private.261  Jackson C ounty (K ansas C ity), M issouri – A pproxim ately 72 percent of unrepresented tenants had eviction judgm ents or m on etary dam ages entered against them com pared to 56 percent of represented tenants.262  C olum bus, O hio – T he Legal A id Society of C olum bus provided representation to tenants th rough its T enant A dvocacy P roject (T A P ).263 O ne percen t of T A P represented tenants received a judgm ent against them com pared to approxim ately 54 percent of n on-T A P cases.264 A pproxim ately 40 percent to T A P represented tenants negotiated an agreed upon judgm ent com pared to approxim ately 15 percent of non-T A P cases.265 T A P -represented tenants w ho negotiated agreem ents to rem ain in their hom es m ore than tw ice as often as n onT A P cases,and T A P -represented tenants successfully n egotiated an agreem ent to m ove and avoided an eviction judgm ent m ore than seven tim es as often as nonT A P cases.266 85. D isparities in outcom es, w hile perhaps the m ost concrete difference betw een represented and unrepresented tenants, are n ot the only challenge tenants face in court. A San Francisco H ousing C ourt study observed how landlords’attorneys can gain the upper hand even w hen the law does n ot support their case.267 R epeat players gain advantages from their developed expertise and know ledge includin g specialized know ledge of substantive areas of the law , experience w ith court procedures, and fam iliarity w ith opposing counsel and decision-m akers.268 H ow ever, w hen tenants are represented, these pow er dynam ics are m ore balanced. T here are also w ays that representation can create positive outcom es beyond “w inning” a case. A n attorney can help lim it the collateral dam age of bein g evicted.269 A ttorneys can assist w ith filing a con tinuance, w hich w ould effectively stay the 260 H asvold, A ubrey and R egenbogen , Jack.“Facing Eviction A lone: A Study of Evictions, D enver, C olorado 20142016.” C olorado C oalition for the H om eless and C olorado C enter on Law and Policy.N .d. 261 Ibid. 262 “Evictions in the C ourts: A n A nalysis of 106,000 C ases from 2006-2016 in Jackson C ounty.” K ansas C ity Eviction Project. January 24, 2018. 263 “T he Legal A id Society of C olum bus: T en ant A dvocacy Project Evaluation .” T houghtw ell.2018. 264 Ibid. 265 Ibid. 266 Ibid. 267 San Francisco R ight to C ivil C oun sel P ilot Program D ocum entation R eport. John and T erry Levin C enter for Public Service and Public Interest, Stan ford Law School.M ay 2014. 268 Ibid. 269 Ibid. 53 judgm ent until a trial date and allow the tenant tim e to find a new living space.270 T he tenant,w ith attorney assistance,could attem pt to settle the case w ith the landlord w ithout proceeding to trial.271 T he appearance of an attorney for either party has been show n to increase settlem ent rates from seven percent if neither party w as represented to 26 percent if the defendant w as represented and 38 percent if the plaintiff w as represented.272 A dditionally, an attorney m ight also help the tenant vacate the apartm ent w ithout an adverse judgm ent im pact the tenant’s credit score and ability to re-rent.273 86. Few er T en an ts Lose by D efault. W hen tenants do n ot file an answ er or attend court for their scheduled hearin g a default judgm ent is often entered in favor of the landlord if the landlord or landlord counselis present.274 T hat is,tenants autom atically lose if they do n ot attend their hearing and the landlord or th e landlord’s attorney/agent does attend the hearing. In m any jurisdictions, it is cum bersom e to reopen cases that tenants have lost by default, and the specialized know ledge of an attorney is usually required. T here are num erous reason s a tenant m ay lose by default, such as: (1) confusion and intim idation about the legal process; (2) the tenant has already vacated the apartm ent; (3) the tenant acknow ledges that rent is ow ed and does not believe going to court w ill change the situation ; (4) the tenant does not realize there m ay be valid defenses to raise; and (5) the tenant cannot m iss w ork to attend court w ithout jeopardizing em ploym ent. A dditionally, if tenants do not kn ow their rights, they could lose the opportunity to reopen their cases even if they have m eritorious defenses. 87. In its analysis of evictions in P hiladelphia,Stout found that tenants w ho w ere represented w ere 90 percent less likely to lose by default than unrepresen ted ten ants.275 U nrepresented tenants lost by default in approxim ately 58 percent of cases in P hiladelphia.276 Sim ilar default rates have been observed throughout the country.In Jackson C ounty (K ansas C ity), M issouri approxim ately 70 percent of tenan ts lost by default.277 In H aw ai’i, half of all eviction cases result in a default judgm ent in favor of the landlord.278 In Seattle, tenants 270 Ibid. Ibid. 272 H annaford-A gor, Paula an d M ott, N icole. “R esearch on Self-R epresented Litigation: Prelim inary R esults an d M ethodological C onsiderations.” T he Justice System Journal. 2003. 273 Ibid. 274 See footnote 64 for m ore inform ation on Stout’s consideration of default judgm ents. 275 “Econom ic R eturn on Investm ent of Providing C oun sel in Philadelphia Eviction C ases for Low -Incom e T enants.” Stout R isius R oss.N ovem ber 13,2018. 276 Ibid. 277 “Evictions in the C ourts: A n A nalysis of 106,000 C ases from 2006-2016 in Jackson C ounty.” K ansas C ity Eviction Project. January 24, 2018. 278 G em iniani, V ictor et al. “Evicted in H aw ai’i: Lives H anging in the B alance.” Law yers for Equal Justice.N .d. 271 54 lose by default in approxim ately 48 percent of cases.279 In a study of evictions in G reen sboro,N orth C arolina,m ore than 75 percent of tenants did not attend their hearing, losing by default.280 A s observed in P hiladelphia, having represen tation significantly reduces the likelihood that a tenant loses by default.Even if the ten ant is unable to attend the hearing, counsel can attend on the tenant’s behalf, com pletely m itigating the consequences of losin g the case by default. Evidence from N ew Y ork C ity indicates that w hen tenants are represented, the num ber of default judgm ents decreases.281 Since the introduction of the right to counsel program , default judgm ents have decreased approxim ately 34 percent in N ew Y ork C ity from 35,130 in 2016 to 23,146 in 2019.282 88. C on n ection to O th er Services an d Im proved H ousin g T ran sition s. R epresentation in an eviction case can be im portant not only for navigating the legal system , but also for providing tenants access to em otional,psychological,and econom ic assistance from other service providers.283 C ivil legal services attorneys and pro bono attorneys are often aw are of additional resources w ithin a com m unity from w hich the tenant could ben efit and can help tenants navigate these system s, w hich can be challenging for som eone w ho is inexperienced w ith them . T hese attorneys can con nect tenan ts to em ergency ren t assistance program s and refer them to m entalhealth providers or other socialservices they m ay need.284 R epresentation can also achieve an outcom e that m axim izes the tenant’s chances of either staying in his or her hom e or finding another suitable place to live w ithout disrupting, or w orking tow ard m inim ized disruption of,their w ell-being or fam ily stability.285 A ccording to a C hicago-K ent C ollege of Law study, represented tenants experienced a clear advantage as their cases progressed through the court system even if the landlord prevailed.286 R epresented tenants received contin uances in 32 percent of cases com pared to 13 percent of unrepresented tenants.287 A lthough the disposition w as the sam e – eviction – legal representation allow ed tenants m ore tim e to secure alternative 279 “Losing H om e: T he H um an C ost of Eviction in Seattle.” T he Seattle W om en’s C om m ission and the H ousin g Justice Project of the K ing C ounty B ar A ssociation. Septem ber 2018. 280 Sills, Stephen J.et al. “G reensboro’s Eviction C risis.” T he U niversity of N orth C arolina G reensboro C enter for H ousing and C om m unity Studies.N .d. 281 N ew Y ork C ity C ouncil H earing T estim ony provided by C hief A dm inistrative Judge of N ew Y ork C ity C ivil C ourt, H on.A nthony C ann ataro.February 24, 2020. 282 Ibid. 283 San Francisco R ight to C ivil C oun sel P ilot Program D ocum entation R eport. John and T erry Levin C enter for Public Service and Public Interest, Stan ford Law School.M ay 2014. 284 Savitch-Lew , A bigail. “C ity T ackles T oll-O ut of R ight to C oun sel in H ousing C ourt.” C ity Lim its. January 17, 2018. 285 Ibid. 286 “N o T im e for Justice: A Study of C hicago’s Eviction C ourt.” C hicago-K ent C ollege of Law C lass of 2004 H onors Scholar.D ecem ber 2003. 287 Ibid. 55 housing and avoid losing their personal belongings.288 Interestingly, w hile the length of tim e betw een filing th e com plaint and a tenant being evicted from his apartm ent is longer for represented tenants, once represented tenants w ere ordered out of their apartm ents, the average tim e to m ove w as 12.6 days, 2.2 days shorter than unrepresented tenants.289 T his indicates that because of representation,tenants had the opportunity to find suitable living arrangem ents and to prepare better for leaving the prem ises, and thus did not require additional tim e to m ove. H ow ever, if tenants do require additional tim e to find alternative, suitable living arrangem ents, law yers can often n egotiate additional tim e for the tenant to do so. In its analysis of evictions in P hiladelphia, Stout found that, on average, represented tenants had approxim ately 50 days to vacate their apartm ents w hen they agreed to do so com pared to 35 days for unrepresented tenants.290 A study of evictions filed in San M ateo C ounty, C aliforn ia found that represented tenants w ere granted approxim ately tw ice as long to find affordable, alternative housing than unrepresented tenants.291 A pproxim ately 71 percent of a sam ple of tenants represented through C aliforn ia’s Sargent Shriver C ivil C ounselA ct w ho w ere surveyed on e year after their cases closed reported living in a new ren tal un it com pared to approxim ately 43 percent of tenants w ho w ere not represented through the Sargent Shriver C ivil C ounsel A ct.292 T his suggests represen ted tenants had higher rates of reasonable settlem ent agreem ents that supported housing stability.293 89. C ou rt E fficien cy G ain s. R esults from the San Francisco R ight to C ivil C oun sel P ilot P rogram indicated that w hen tenants are represented cases m ove through the legal processes m ore efficiently than w hen tenants are unrepresented. T he average num ber of days from filing the com plaint to a judgm ent entered by the clerk decreased from 37 to 31.294 T he average num ber of days from filing the com plaint to a n egotiated settlem ent decreased from 72 to 62.295 T he average num ber of days from the filing of the com plaint to the entry of a court judgm ent decreased from 128 to 105, and the average num ber of days from filing the com plaint to dism issal of the action decreased from 90 to 58.296 W hen tenants are represented, landlords are less likely to bring unm eritorious claim s, thus 288 Ibid. Ibid. 290 “Econom ic R eturn on Investm ent of Providing C oun sel in Philadelphia Eviction C ases for Low -Incom e T enants.” Stout R isius R oss.N ovem ber 13,2018. 291 Stein berg, Jessica K . “In Pursuit of Justice? C ase O utcom es and the D elivery of U n bundled Legal Services.” G eorgetow n Journal on Poverty Law and Policy. 2011. 292 “Findings an d R ecom m endations from the Sargent Shriver C ivil C ounsel Pilot Projects.” T he Shriver C ivil C ounsel A ct Im plem entation C om m ittee.July 2017. 293 Ibid. 294 Sandefur,R ebecca L."T he Im pact of C oun sel: A n A nalysis of Em pirical Evidence," Seattle Journal for Social Justice: V ol. 9: Issue 1,A rticle 3, p.78. 2010. 295 Ibid. 296 Ibid. 289 56 leading to a m ore efficient court process, a better use of court resources, and the expectation that the num ber of eviction cases w ill decrease over tim e. Since N ew Y ork C ity’s increased investm ent in legal services for tenants in 2013, the N ew Y ork C ity O ffice of C ivil Justice has reported a 40 percent decrease in residential evictions.297 From 2018 to 2019 alone, residential evictions in N ew Y ork C ity decreased 15 percent.298 O ver the fouryear period of 2014 to 2017, an estim ated 70,000 N ew Y ork C ity tenants have retained possession of their hom es.299 Early indicators from N ew Y ork C ity’s im plem entation of U niversal A ccess suggest that w hen eviction proceedings are filed and both sides are represented,tim e-con sum ing m otion practice related to n on-dispositive issues is reduced. A dditionally, few er orders to show cause to stay evictions and for post-eviction relief are being filed, indicating that better outcom es are being achieved under U niversal A ccess. Judge Jean Schneider, the cityw ide supervising judge of the N ew Y ork C ity H ousing C ourt, has stated that the C ourt w ill continue to m onitor any backlog or issues w ith efficiency as U niversal A ccess continues to be phased in, but there have not been any m ajor problem s in the first year.300 In fact,she testified earlier th is year at a hearing on N ew Y ork State civil legal services that as a result of U niversal A ccess im plem entation “our court is im proving by leaps and bounds.”301 A t the sam e hearing, Judge A nthony C annataro, the adm inistrative judge of the civil courts in N ew Y ork C ity,explained that judges have spent less tim e explaining housing rights and court processes to represented tenants w ho, w ithout U n iversal A ccess, m ay have previously gone to court unrepresented.302 Lastly, as to efficiency, there is an increased likelihood that cases can be resolved out of court and before the first hearing w hen counsel is involved. W hile there w ere in itial concern s regarding the potential for increased representation to slow court procedure, early observations from the im plem entation and expansion of U niversalA ccess in N ew Y ork C ity have indicated that significant benefits are being observed by the judiciary through im proved m otion practice, judicial experience, pre-trial resolution, and rulings providing increased clarity for landlord and tenant advocates. 90. T rustin g th e Ju stice System an d E xercisin g of R igh ts. Evaluation s of providing coun sel are often focused on the outcom e for the litigant.H ow ever,tenants are m ore apt to accept court decision s if they perceive that the law and court procedures w ere follow ed even if th e 297 “A m id N ation w ide Increases,M ayor de B lasio A n nounces R ecord-B reaking 41 P ercent D ecrease in Eviction s C ityw ide.” O ffice of the M ayor.February 24, 2020 298 Ibid. 299 “N Y C O ffice of C ivil Justice A nnual R eport an d Strategic Plan .” N ew Y ork C ity O ffice of C ivil Justice. 2017. 300 C lark,D an M . “Increasing T enants'A ccess to C ounsel H as R aised C ourt Efficiency,Fairness,Judges Say.” N ew Y ork Law Journal. Septem ber 24,2018. 301 Ibid. 302 Ibid. 57 tenant does not “w in” their case.303 W hether court personn el treated the litigant fairly, w hether the litigant w as able to state his or her side of the story,an d w hether the decisions w ere based on facts are additional factors that increase w hether tenants trust that the justice system can provide justice for th em .304 T he im portance of providing legal representation is not lim ited to advocating in the best interest of the litigant, but also encom passes providin g him or her w ith the peace of m ind that som eon e is on their side and providing greater confidence in the justice system .305 303 H annaford-A gor, Paula an d M ott, N icole. “R esearch on Self-R epresented Litigation: Prelim inary R esults an d M ethodological C onsiderations.” T he Justice System Journal. 2003. 304 Ibid. 305 San Francisco R ight to C ivil C oun sel P ilot Program D ocum entation R eport. John and T erry Levin C enter for Public Service and Public Interest, Stan ford Law School.M ay 2014. 58 Section V Estim ated Cost and Im pact of Right to Counseland the Cost of D isruptive D isplacem ent to Baltim ore City 91. U sing the sam ple of cases from the D istrict C ourt of M aryland in B altim ore C ity,data from B altim ore C ity eviction defense providers and other stakeholders, publicly available research, studies, and data, Stout estim ated: (1) the cost of providin g a right to counsel in B altim ore C ity; (2) the im pact of a right to counsel in B altim ore C ity; and (3) the cost of eviction to B altim ore C ity and potential cost savings to B altim ore C ity if a right to counsel w ere im plem ented. Stout used B altim ore specific data w hen it w as available. W hen it w as not available,Stout used data from other reasonably com parable jurisdictions. The Estim ated Cost of a Right to Counselin Baltim ore City 92. T o estim ate the cost of providing a right to counsel to tenants in B altim ore C ity, a variety offactors m ust be considered – the ann ualnum ber of filings,the eviction filing rate,tenant eligibility for free legal representation, the rate of tenant eviction due to default (n ot appearing at the scheduled court date), the rate at w hich eligible tenants accept the offer of free legalrepresentation,the num ber of hours required to effectively represent a tenant, and the cost of an attorney (e.g., salary, benefits, office supplies, technology, and other overhead).Stout collaborated w ith the providers of eviction defense in B altim ore C ity,and other stakeholders, to develop a deeper understanding of the possible costs of a right to counsel and to incorporate their expertise and experience in the calculations. Stout conducted an analysis of non-paym ent of rent cases and an analysis of breach of lease, tenant holdover, and subsidy term ination cases to estim ate the total cost of a right to counsel for tenants facing any of these case types. 93. N on -paym en t of R en t C ases. A s discussed in paragraphs 25-27, the non-paym ent of rent cases in B altim ore C ity are unique in that they are often used as a rent collection m echanism .T hat is,landlords in B altim ore C ity w illfile non-paym ent of rent cases as soon as rent is late to enforce collection, m ost tenants w ill pay and retain possession of the apartm ent, and there is no further legal action taken by the landlord. T his practice results in an eviction filing rate of m ore than 100 percent in B altim ore C ity – m ore eviction filings every year than there are rental units,w hich is un ique. 94. T o accurately estim ate the cost of providing a right to coun sel, an adjusted eviction filing rate m ust be developed to estim ate the n um ber of filings that are not sim ply rent collection by the landlord w ithout substantive efforts to resolve the issue w ith the tenant first. T hat is,th e adjusted eviction filing rate is used to estim ate the num ber of n on-paym ent of rent filings excluding those likely being used as a rent collection m echanism . T he filings that are likely being used as a rent collection m echanism are excluded because these are situation s w here tenan ts pay the rent ow ed in response to the filing and retain possession 60 of their apartm en ts, according to B altim ore C ity eviction defen se providers, and therefore w ould likely not benefit from representation since there are not m atters of law at issue. 95. B ased on data from the D istrict C ourt of M aryland,there w ere approxim ately 132,000 n onpaym ent of rent filin gs in B altim ore C ity in 2019. If a right to counsel w ere fully im plem en ted in B altim ore C ity, the ann ual num ber of n on-paym ent of rent filings w ould be expected to decrease, as has been observed in N ew Y ork C ity an d San Francisco – tw o jurisdictions that have im plem ented a right to coun sel.306 Stout estim ated that B altim ore C ity could experience an an nual decrease in filings of betw een three and four percent. A ccounting for this annual expected decrease in filings, Stout estim ated that at full im plem en tation,w hich w ould be phased in over five years,a reason able expectation w ould be that approxim ately 113,000 non-paym ent of rent cases w ould be filed in B altim ore C ity. 96. In B altim ore C ity, an estim ated 83 percent of cases are likely situations w here landlords are filing to collect ren t (som etim es for the sam e unit m ultiple tim es each year, including m onthly), and tenants pay the rent ow ed, m eaning that 17 percent of cases are likely situation s w here landlords are not using filings as rent collection m echanism and tenan t subsequently paying the rent ow ed (i.e.,the estim ated eviction filing rate).Stout developed this estim ate w ith in put from eviction defense providers in B altim ore C ity and using publicly available eviction data for jurisdictions com parable to B altim ore C ity. For exam ple, M em phis, T ennessee and A tlanta, G eorgia have sim ilar dem ographics and housing characteristics as B altim ore C ity.307 T he eviction filing rates (the total num ber of filings each year as a proportion of total rental units) in M em phis and A tlanta are 16 percent and 18 percen t, respectively, for an average eviction filing rate of approxim ately 17 percen t.308 B ecause of the com parability of M em phis and A tlanta to B altim ore C ity, a reasonable estim ate of the filing rate in B altim ore C ity is 17 percen t rather than the current eviction filing rate, w hich is m ore than 100 percent. 97. T he estim ated 17 percent eviction filing rate can be used to estim ate the num ber of filings in B altim ore C ity that are not instances oflandlords using filings to collect rent and tenants subsequently paying the rent.T herefore,of the estim ated 113,000 annual non-paym ent of rent cases filed in B altim ore C ity, approxim ately 19,200 are likely cases w here the tenant 306 “Press R elease: Supervisor D ean Preston H olds H earin g on Im plem entation for R ight to C ounsel Law .” February 24, 2020.& “N ew Y ork C ity R esidential Eviction Filings D ecline.” N Y U Furm an C enter.N ovem ber 18, 2019. 307 A ccording to U .S. C ensus B ureau data,M em phis an d A tlanta have the follow ing dem ographics and housing characteristics that are sim ilar to B altim ore C ity: total population ,poverty rates,racial com positions,portion of renter occupied units,m edian gross rents, and rent burden rates. 308 D ata com piled by T he Eviction Lab at evictionlab.org. 61 is n ot paying the landlord after the landlord files the case.T hese 19,200 cases w ould likely benefit from representation through a right to counsel. A lthough Stout did not estim ate the costs and benefits associated w ith the 83 percent of filings in B altim ore C ity that are sim ply rent collection, it should be noted that there m ay be benefits associated w ith few er filings as a result of a right to counsel and individuals and fam ilies facing regular ren t collection by B altim ore C ity landlords – including a reduced im pact on tenants’ rental histories and credit reports, m aking it easier for tenants to lease housing in the future. T here are also benefits related to judicial econom y. A t present, the court system is processing and m aintaining inform ation for a significant volum e (tens of thousands) of cases that are sim ply rent collection efforts that could be resolved w ithout court involvem ent. 98. A s w ith other civillegalservices in M aryland,it is Stout’s understan ding that eligibility for free legal representation under a right to counsel w ould be determ in ed by a tenant’s incom e.Stout calculated the cost of a right to counsel for tenants w ith household incom es at or below 50 percent ofM aryland’s statew ide m edian incom e,w hich is the current incom e eligibility criteria set by M aryland Legal Services C orporation.309 P roviders of eviction defense in B altim ore C ity estim ate that approxim ately 80 percent of their current clients have household incom es at or below 50 percent of M aryland’s statew ide m edian incom e. A s such,of the 19,200 tenants that w ould likely benefit from represen tation,approxim ately 15,400 w ould be incom e eligible for free legal representation under a right to counsel. 99. Stout excluded from its estim ated cost of a right to counsel cases w here tenants lose by default due to the sign ificant logistical challenges associated w ith locating these tenants prior to their scheduled hearing. Even if outreach to these tenants w ere successful, they m ay have already m oved out of their hom es,they m ay feelthat there is no reason to litigate the eviction , they m ay not believe there is a reason to preserve an already poor credit profile,or they m ay have other reasons to n ot respond to an eviction filing.Excluding cases w here the tenant loses by default, approxim ately 7,500 non-paym ent of rent cases in B altim ore C ity w ould be incom e eligible for free legal representation . 100.O f the approxim ately 7,500 non-paym ent of rent cases in B altim ore C ity that w ould be incom e eligible for free legal representation , eviction defen se providers in B altim ore C ity expect that approxim ately 88 percent w ould accept the offer of free representation. In addition,tenants m ay have reasons for declin ing the offer of representation.T hey m ay not think there is a benefit to having represen tation, they m ay not trust the legal profession , or they m ay sim ply feelthey can represent them selves. T herefore,Stout’s cost calculation 309 “C lient Incom e Eligibility G uidelines.” M aryland Legal Services C orporation. 62 for a right to counsel includes only non-default cases w here the tenant is incom e eligible and accepts the offer of representation – approxim ately 6,600 cases. B ased on data from five B altim ore C ity eviction defense providers, approxim ately 700 tenants are already receiving free representation through their organizations, leavin g approxim ately 5,900 tenants w ith non-paym ent of rent filings w ho are likely to not have defaulted, are incom e eligible,w ho w ould accept the offer of representation,and w ho are n ot already represented by a B altim ore C ity eviction defense provider each year.310 W hile non-paym ent of rent cases are 99 percent of eviction cases in B altim ore C ity,there w illbe approxim ately 1,300 breach of lease, tenant holdover, and subsidy term ination cases w here tenants need representation too. 101.B reach of Lease, T en an t H oldover, an d Subsidy T erm in ation C ases. T he process to estim ate the n um ber of tenants w ho w ould be incom e eligible and accept representation in these types of cases is like the process follow ed for non-paym ent of rent cases.If a right to coun sel w ere fully im plem ented in B altim ore C ity, there w ould be an estim ated 1,300 annual breach of lease or tenant holdover cases filed.311 O f these 1,300 tenants, an estim ated 80 percent are expected to be incom e eligible based on M aryland Legal Services C orporation eligibility guidelines. Eviction defen se providers in B altim ore C ity estim ate that 700 an nual subsidy term ination cases w ould be incom e eligible for free legal representation under a right to counsel. A fter adjusting for cases lost by default, the portion of tenants accepting representation, and tenants already represented by a B altim ore C ity eviction defense provider, an estim ated 1,000 tenants in breach of lease, tenant holdover, or subsidy term ination cases w ould likely need representation through a right to counsel. 102.T otal C ases an d T otal C ost of a R igh t to C oun sel. If a right to coun sel w ere fully im plem en ted,there w ould be approxim ately 6,900 tenants receivin g free representation – approxim ately 5,900 in non-paym ent of ren t cases and approxim ately 1,000 in breach of lease, tenant holdover, and subsidy term in ation cases. Stout estim ates that providing representation to these 6,900 tenants w ould cost approxim ately $5.7 m illion an nually. 310 Stout’s analysis assum es that current fun ding sources for eviction representation w ill com m it to continuin g indefinitely and that the current providers of eviction defense for low -incom e ten ants in B altim ore C ity w ill com m it to continuing their eviction representation at the sam e level w ith their current fun ding. 311 B ased on data received from M arylan d V olunteer Law yers Service C lient Legal U tility Engine (C LU E) database, w hich Stout adjusted annually for a decrease in the num ber of filings an d a decrease in the default rate. T hese decreases are reasonable to expect if a right to counsel w ere im plem ented because few er landlords w ould be filing eviction cases and few er tenants w ould default because they are represented. 63 103.O f the estim ated $5.7 m illion cost to fully im plem ent a right to counsel in B altim ore C ity, approxim ately $4.5 m illion w ould be for direct person nel costs to hire approxim ately 40 attorneys, supervisors, and paralegals. T he rem aining estim ated $1.2 m illion w ould be for non-personn el costs for service delivery in cluding rent, utilities, equipm ent, train ing, com m unity organizing,and program evaluation.B altim ore C ity eviction defense providers estim ated each ofthese ofcosts.For direct person nelcosts,B altim ore C ity eviction defense providers estim ated the average salary of a civil legal aid housing staff attorney, supervising attorney, and paralegal and fringe ben efits as a percentage of their salaries.312 For non-person nel costs, B altim ore C ity eviction defense providers used the costs of their current operations as benchm arks.A t a total cost of approxim ately $5.7 m illion,providing a right to coun sel to approxim ately 6,900 eligible tenants in B altim ore C ity equates to approxim ately $821 per case for w hich representation is provided. Figure 14 show s the estim ated cost of a right to counsel by cost category. Estim ated C ost ofa R ight to C ounsel by C ost C ategory 13% Staff A ttorneys 4% Supervisin g A ttorneys 4% 44% P aralegals Frin ge B en efits Facilities and U tilities 21% C om m un ity O rganizin g O ther 7% 7% Proportions of cost categories are at full im plem entation.O ther costs include variable costs such as litigation expenses,translation services,subscriptions,and insurance. Figure 14 312 Stout and the B altim ore C ity eviction defense providers used the M aryland Legal Services C orporation 2019 G rantee Salary and B enefits Survey to calculate average salaries an d fringe benefits for each position. 64 The Estim ated Im pact of a Right to Counselin Baltim ore City 104.Stout analyzed a sam ple of eviction filings in the D istrict C ourt of M aryland in B altim ore C ity to estim ate how m any incom e eligible tenants have a high likelihood of avoiding disruptive displacem ent if right to coun sel w ere not im plem ented (i.e., an estim ate of the current num ber of incom e eligible tenants w ith a high likelihood of avoiding disruptive displacem ent). T his is the first step in determ ining the increm ental im pact of a right to counsel. 105.In B altim ore C ity, there are an estim ated 8,900 tenants w hose landlords are not using eviction filings as a rent collection m echanism , are not losing their cases by default, and w ho w ould be incom e eligible for a right to counsel.313 Stout’s analysis of sam ple cases indicated that approxim ately 99 percent of these tenants are currently un represen ted,an d approxim ately seven percent of un represented tenants are avoiding the high likelihood of disruptive displacem ent.314 U sing these m etrics, Stout estim ates that approxim ately 600 unrepresented tenants in B altim ore C ity are currently avoiding the high likelihood of disruptive displacem ent. 106.If a right to counsel w ere fully im plem ented in B altim ore C ity,an estim ated 6,900 tenants w ould be eligible for representation and w ould accept the offer of representation.B ased on Stout’s analysis of B altim ore C ity eviction defense providers’ case outcom e data, represented tenants avoid the high likelihood of disruptive displacem ent in 92 percent of cases (approxim ately 6,300 tenants). Figure 15 show s the difference in likelihood of disruptive displacem ent based on w hether a tenant is represented or unrepresented. 313 B ased on Stout’s analysis of sam ple eviction cases filed in the D istrict C ourt of M aryland in B altim ore C ity supplem ented by the experiences of eviction defen se providers in B altim ore C ity. 314 Stout used the court-assigned case dispositions an d input from B altim ore C ity eviction defense providers to interpret w hich court-assigned case dispositions likely indicated that a tenant w ould experience som e level of disruptive displacem ent.W hile it is im possible to precisely m easure the likelihood of an unrepresented ten an t experiencing disruptive displacem ent from case data, the 99 percent m etric is consistent w ith disruptive displacem ent estim ates in other jurisdictions,m aking it a reasonable estim ate for B altim ore C ity. 65 Estim ated Likelihood of T enants Experiencing D isruptive D isplacem ent by R epresentation 100% 90% Portion of T enants 80% 70% 60% 50% 40% 30% 20% 10% 0% U n represented T enants Likely A voiding D isruptive D isplacem ent R epresented T enan ts Likely Experiencing D isruptive D isplacem ent Figure 15 107.C om paring the approxim ately 6,300 represented tenants avoiding the high likelihood of disruptive displacem ent to the approxim ately 600 unrepresented tenants avoiding the high likelihood of disruptive displacem ent results in an estim ated 5,800 increm ental tenants that w ould avoid the high likelihood of disruptive displacem ent an d the potential for the negative im pacts of disruptive displacem ent if a right to counsel w ere im plem ented in B altim ore C ity.315 B ased on the average househ old size of three people for B altim ore C ity, Stout estim ates that 17,300 people in B altim ore C ity are likely to avoid the high likelihood of disruptive displacem ent through a right to coun sel an nually.316 108.T he im pact of a right to counsel and the num ber of incom e eligible households and people avoiding the likelihood of disruptive displacem ent could be higher or low er based on the facts of any individual case. H ow a right to counsel is im plem ented and com m unicated to tenants as w ell as how supportive policym akers and the judiciary are of a right to counsel can also affect the im pact.In som e cases,ten ants m ay experience disruptive displacem ent 315 T he exact num ber of increm ental tenants avoiding th e high likelihood of disruptive displacem ent is 5,777. T he calculation in this paragraph is rounded to the nearest hundred for presentation purposes.Stout uses the exact 5,777 for its cost of eviction calculations for accuracy purposes. 316 U .S. C ensus B ureau.A m erican C om m unity Survey 5-Y ear Estim ates. 2018. 66 w ith or w ithout a right to counsel. H ow ever, a right to counsel can ensure tenants’ rights are exercised, favorable judgm ent term s are negotiated, and en ough tim e is given to tenants if they need to find new living arrangem ents. T he benefit of a right to counsel in these circum stances is less disruption to ten ants’ lives and therefore few er social safety net costs to B altim ore C ity. The Cost of D isruptive D isplacem ent to Baltim ore City,PotentialBaltim ore City Cost Savings Realized,and the Dollar Value of a Right to Counselin Baltim ore City 109.See E xh ibit A for a sum m ary of the costs of disruptive displacem ent in B altim ore C ity, potential B altim ore C ity cost savings realized, and the estim ated dollar value of a right to counsel in B altim ore C ity. Estim ated AnnualEm ergency Shelter and H ousing Program Costs Related to Eviction 110.B altim ore C ity has four prim ary types of housing for people experiencing hom elessness: (1) em ergency shelter; (2) rapid re-housing; (3) transitional housin g; and (4) perm anent supportive housing.317 T he annual total costs per person/household for these program s ranges from $3,390 to $32,400. Stout used th e annual total costs per person/household to estim ate the per day cost of each program , applied the per day cost of each to program to the estim ated duration of stay (in days) for each program ,and calculated the estim ated per person /household ann ualcost of each program based on the cost per day and the estim ated duration of stay. Stout’s estim ated ann ual cost per person /household based on the estim ated cost per day and estim ated duration of stay for each program is:     Em ergency shelter - $3,390 R apid re-housing - $6,301 T ransitional housing - $32,400 P erm anent supportive housing - $25,317 111.See E xh ibit B .1 for details related to these calculations. 112.E m ergen cy Sh elter C osts R elated to D isruptive D isplacem en t.Stout estim ates that 5,777 incom e eligible households in the B altim ore C ity have a high likelihood of avoiding disruptive displacem ent if a right to counselw ere im plem ented.W ithout a right to counsel, approxim ately 25 percent of these incom e eligible households w ould have had a high 317 “M O H S R eport to the B oard – June 2019.” 67 likelihood of entering em ergency shelter.318 U sing this m etric, Stout estim ates that 1,444 incom e eligible households in B altim ore C ity w ith a high likelihood of avoiding disruptive displacem ent because of a right to coun sel w ould have likely entered em ergency shelter but for a right to coun sel. Stout estim ated that the em ergency shelter cost per household living in em ergency shelter to be $3,390 (see Exhibit B .1). A pplying this estim ated em ergency shelter cost per household w ith a high likelihood of entering em ergency shelter w ithout a right to counsel, Stout estim ates that the approxim ately $4.9 m illion of em ergency shelter costs are likely related to disruptive displacem ent caused by eviction. See E xh ibit B .2.  Lack of R ight to Shelter. Like nearly every other U .S. jurisdiction , residen ts of B altim ore C ity do not have a form al, legislated right to shelter. V ery few jurisdictions in the U .S. guarantee their m ost vulnerable a place to sleep. For exam ple,N ew Y ork C ity has an unconditionalright to shelter w hile M assachusetts and W ashington,D .C .have a right to shelter based on cold w eather tem peratures. W hile Stout uses R obinhood’s estim ate of approxim ately 25 percen t of disruptively displaced households entering shelter,there are num erous studies in jurisdictions w ithout a right to shelter that dem onstrate a sim ilar significant need for a socialsafety net response to housing in stability.Em ergency sh elter costs are one form of a social safety net response to the desperate need for shelter, even in jurisdictions w ithout a right to shelter and jurisdictions w ith people experiencing hom elessness w ho are living unsheltered. Em ergency shelter costs provide a proxy for costs jurisdictions bear (or are w illing to bear) in response to severe housing instability.Furtherm ore,the increm ental nature of shelter beds (i.e., the num ber of shelter beds increasing as th e num ber of people experiencing hom elessness increases) does not restrict th e application of these costs to the households that are experiencing disruptive displacem ent because the costs m ay m anifest in other w ays, particularly if households are unable to enter em ergency shelter and m ust use other B altim ore C ity services to achieve housing stability. R egardless of actual em ergency shelter entry by households experiencing disruptive displacem ent, em ergency shelter costs can be a proxy for the other costs necessary to achieve housing stability for these households. T hus, the $4.9 m illion estim ated cost of providing em ergency shelter to people experiencing hom elessness as a result of disruptive displacem ent is n ot a direct cost saving to 318 R obin H ood, a N ew Y ork C ity based non -profit organization that provides funding to m ore than 200 program s across N ew Y ork C ity,estim ates that 25 percent of evicted tenants enter hom eless shelters. See additional support for this m etric in paragraph 60. 68 B altim ore C ity. R ather, the estim ated $4.9 m illion represents a cost avoidance related to hom elessness because of disruptive displacem ent, w hich w ill include som e cost savings to B altim ore C ity from decreased shelter use. 113.T em porary H ou sin g P rogram C osts R elated to D isruptive D isplacem en t. A ccording to data from the M ayor’s O ffice of H um an Services (M O H S) in B altim ore C ity, there are a variety of “exits” for people experiencing hom elessness w ho are living in em ergency shelter, one of them being tem porary housin g.319 Stout estim ates that of the 1,444 incom e eligible households that w ould have likely experienced disruptive displacem ent and entered em ergency shelter w ithout a right to counsel, approxim ately 58 percent w ould have exited em ergency shelter for a tem porary housing program .320 A t an estim ated of $6,301 per household entering tem porary housing program s, approxim ately $5.3 m illion in tem porary housing program costs are likely related to disruptive displacem ent caused by eviction.See E xh ibit B .2. 114.A s a point of com parison, the M O H S budget indicates that approxim ately $10.8 m illion is spent an nually on tem porary housing program s.321 O f this $10.8 m illion, approxim ately $8.8 m illion is from G eneral Funds, approxim ately $1.9 m illion is from the state of M aryland, and approxim ately $200,000 is from the federal governm en t.322 D elineating funding stream s by activity is not possible w ith the publicly available budget inform ation. H ow ever, it is clear that the activities in the budget are for program s serving people experiencing hom elessness or housing in stability, m aking it reasonable to expect that a portion of these expen ditures are incurred in response to circum stances arising from the eviction process. Stout’s estim ated cost of tem porary housin g program s related to disruptive displacem ent of $5.3 m illion (approxim ately 50 percen t of M O H S budget for tem porary housing program s) is reasonable given that research indicates that betw een 25 percent and 40 percen t of shelter entry is related to eviction. Like em ergency shelter, the estim ated $5.3 m illion represents a cost avoidance related to disruptive displacem ent. 115.M en tal/P h ysical H ealth In stitution H ou sin g C osts R elated to D isru ptive D isplacem en t. M O H S also tracks exits from em ergency shelter to m ental/physical health in stitution s. A pproxim ately seven percent of people experiencing hom elessness w ho enter em ergency 319 “M O H S R eport to the B oard – June 2019.” Ibid. Stout estim ated the 58 percent exit to tem porary housing m etric using data from the M O H S R eport to the B oard – June 2019.W hen data w as able to be collected,approxim ately 58 percent of exits from em ergency sh elter w ere to tem porary housing. 321 B oard of Estim ates R ecom m endations,A gency D etail V olum e II. C ity of B altim ore.Fiscal Y ear 2020. 322 Ibid. 320 69 shelter in B altim ore C ity exit em ergency shelter for placem ent at m ental/physical health institution s.323 T he average length of stay at a m en tal/physical health institution is nine days, and the cost per day is approxim ately $485. A pproxim ately $440,000 in m ental/physical health institution costs are likely related to disruptive displacem ent caused by eviction in B altim ore C ity.See E xh ibit B .2. 116.T otal E m ergen cy Sh elter, T em porary H ousin g, an d M en tal/P h ysical H ealth In stitution H ousin g C osts R elated to D isruptive D isplacem en t. Stout estim ates that disruptive displacem ent caused by eviction likely costs B altim ore C ity a total of approxim ately $10.6 m illion an nually. A pproxim ately $4.9 m illion is related to em ergency shelter, approxim ately $5.3 m illion is related to tem porary housing program s for people experiencing hom elessness exiting em ergency shelter, and approxim ately $440,000 is related to m ental/physical health institutions for people experiencing hom elessness exiting em ergency shelter.See E xh ibit B .2.Figure 16 show s the estim ated annual housing program costs related to people experiencing hom elessn ess as a result of disruptive displacem ent. 323 Stout estim ated the seven percent exit to m ental/physical health institution m etric using data from the M O H S R eport to the B oard – June 2019.W hen data w as able to be collected, approxim ately seven percent of exits from em ergency shelter w ere to m ental/physical health institutions. 70 Estim ated A nnual H ousing Program C osts R elated to People Experiencing H om elessness as a R esult of D isruptive D isplacem ent C ost of D isruptive D isplacem en t $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 Em ergen cy Shelter T em porary H ousing P rogram s M en tal/P hysical H ealth In stitutions H ousing Program Figure 16 117.M O H S has a variety of other exits from em ergency shelter categorized in its report,such as tem porary reunification, perm anent reun ification, subsidized housing, and nonsubsidized housing. W hile there are likely additional costs of disruptive displacem en t caused by eviction for these exit categories as w ell, Stout could n ot reasonably quantify them . Stout’s estim ation of approxim ately $10.6 m illion in total em ergency shelter, tem porary housing, an d m ental/physical institution costs is likely understated because of this. Estim ated AnnualState-Provided Foundation Program Funding for Baltim ore City Public Schools Lost as a Result of Chronic Absences of Students Experiencing H om elessness as a Result of Disruptive Displacem ent 118.Like cities throughout the country, B altim ore finances its public schools through a com bination of state and local funds com plem ented by federal grants. For B altim ore C ity P ublic Schools (B C P S), m ost of the funding is provided by the state of M aryland through three m echanism s, on e being the Foundation P rogram .324 A prim ary input in the form ula 324 C hecovich, Laura.“Fundin g Form ulas an d R evenue Stream s: A Prim er on Public School Finance in M arylan d.” M aryland Equity Project,U niversity of M aryland. Septem ber 2016. 71 used to determ ine state funding through the Foundation P rogram is student attendance on Septem ber 30 th .325 R esearch has show n that students experiencing housing instability are m ore likely to be absent from school th an stably housed students, suggesting that students w ho m ay be experiencing disruptive displacem ent as a result of eviction are m ore likely to be absent on Septem ber 30 th , w hen attendance figures for state funding are calculated,potentially resulting in decreased school funding from th e state of M aryland. 119.A ccording to estim ates from the B C P S officials, there are 1,382 students in B C P S w ho are experiencing hom elessness and considered to be chronically absent,m issing m ore than 10 percent of school days in a school year.326 A pproxim ately 25 percent of these students are likely experiencing h om elessn ess due to disruptive displacem ent.327 A pplying the 25 percent m etric to the population of 1,382 students w ho are experiencing hom elessness and considered to be chronically absent from school results in an estim ated 346 studen ts in B C P S w ho m ay be chronically absent because of disruptive displacem ent. O f these 346 students, Stout estim ates that 92 percent of their households w ould avoid the high likelihood of disruptive displacem ent if a right to coun sel w ere im plem en ted in B altim ore C ity, reducing the students’ likelihood of experiencing hom elessn ess and chronic absences.328 C alculation s by the M aryland State D epartm ent of Education indicate Foundation P rogram funding of $7,244 per student.329 Stout estim ates that B C P S m ay be losing state-provided Foundation P rogram funding of approxim ately $2.3 m illion as a result of chronic school absences of studen ts experiencing hom elessn ess as a result of disruptive displacem ent.See E xh ibit C . Estim ated Annual Transportation Costs Avoided Related to Students Experiencing H om elessness in Baltim ore City Public Schools 120.T o m inim ize the educational disruption of a student experiencing hom elessness or housing instability,th e federal govern m ent enacted the M cK inney-V ento A ct in 1987.T he federal legislation gives students experiencing hom elessn ess the right to contin ue attending their school of origin (i.e., the school that the student attended w hen stably housed) regardless of w here they are living w hile experiencing hom elessness or housing 325 D ata provided to Stout by B altim ore C ity Public Schools. D ata provided to Stout by B altim ore C ity Public Schools. 327 R obin H ood, a N ew Y ork C ity based non -profit organization that provides funding to m ore than 200 program s across N ew Y ork C ity,estim ates that 25 percent of evicted tenants enter hom eless shelters. See additional support for this m etric in paragraph 60. 328 See paragraph 103 for details on Stout’s estim ate of 92 percent of households avoiding the high likelihood of disruptive displacem ent if a right to counsel w ere im plem ented in B altim ore C ity. 329 C alculation by M aryland State D epartm ent of Education for M ajor State A id Program s for Fiscal Y ear 2020. 326 72 instability.330 T ransportation to and from student’s school of origin is both logistically and financially the respon sibility of the local educational agency.331 U sing local governm ent general funds is often necessary for local educational agencies to com ply w ith the M cK inney-V ento A ct transportation m andate.332 121.D ata provided to Stout by B C P S indicates that $10.6 m illion of localgeneralfunds are spent by B altim ore C ity on transportation m andated by the M cK inney-V ento A ct for students experiencing hom elessness in B C P S. B C P S also provided to Stout data indicating that in school year 2018-2019, there w ere 1,197 students experiencing hom elessness w ith school transportation needs. D ividing $10.6 m illion in general funds by 1,197 students results in an estim ated transportation cost of $8,855 per student experiencing hom elessness w ith school transportation needs. A pproxim ately 25 percen t of these students are likely experiencing h om elessness due to disruptive displacem ent.333 A pplying the 25 percent m etric to the population of 1,197 studen ts w h o are experiencing hom elessness w ith school transportation n eeds results in an estim ated 299 students in B C P S experiencing hom elessness due to disruptive displacem ent. O f these 299 students, Stout estim ates that 92 percen t of their households w ould avoid the high likelihood of disruptive displacem ent if a right to counselw ere im plem ented in B altim ore C ity,reducing the students’likelihood of experiencing hom elessn ess and needing transportation.334A t an estim ated per student school transportation cost of $8,855, approxim ately $2.4 m illion of the $10.6 m illion in local general funds is related to transporting students experiencing hom elessness in B C P S as a result of disruptive displacem ent.T his $2.4 m illion expense m ay be avoided if right to counsel w ere im plem ented in B altim ore C ity.See E xh ibit D . Estim ated AnnualAdditionalM edicaid Spending Related to Individuals Experiencing H om elessness as a Result of Disruptive Displacem ent 122.Stout quantified M edicaid spending on health care by B altim ore C ity and the state of M aryland that m ay be avoided if right to counsel w ere im plem ented in B altim ore C ity.T he tw o categories of care that could reasonably be quantified are in-patient care and 330 “M cK in ney-V ento Law Into Practice B rief Series, T ransporting C hildren and Y outh Experiencing H om elessness.” N ational C enter for H om eless Education.A ugust 2017. 331 Ibid. 332 Ibid. 333 R obin H ood, a N ew Y ork C ity based non -profit organization that provides funding to m ore than 200 program s across N ew Y ork C ity,estim ates that 25 percent of evicted tenants enter hom eless shelters. See additional support for this m etric in paragraph 60. 334 See paragraph 106 for details on Stout’s estim ate of 92 percent of households avoiding the high likelihood of disruptive displacem ent if a right to counsel w ere im plem ented in B altim ore C ity. 73 em ergency room care. B ecause M edicaid is funded by state govern m ents and to a lesser degree,localgovern m ents,Stout quantified separately the M edicaid spending that m ay be avoided B altim ore C ity and M aryland. 123.B altim ore C ity. Stout estim ates that 17,331 individuals in B altim ore C ity w ould avoid the high likelihood of disruptive displacem ent if a right to coun sel w ere im plem ented in B altim ore C ity.O f the 17,331 individuals that w ould avoid the high likelihood of disruptive displacem ent, approxim ately 25 percent w ould have likely experien ced hom elessness as a result of disruptive displacem ent.335 A pplying the 25 percent m etric to the population of 17,331 individuals that w ould avoid the high likelihood of disruptive displacem ent if a right to counsel w ere im plem ented results in approxim ately 4,333 individuals that w ould have likely experienced hom elessness as a result of disruptive displacem ent. O f these 4,333 individuals that w ould have likely experienced hom elessn ess, approxim ately 23 percent w ould have likely utilized in-patient care, and approxim ately 32 percent w ould have utilized em ergency room care, resulting in 997 and 1,386 individuals experiencing hom elessness utilizing in-patient care and em ergency room care,respectively.336 R esearch indicates that individuals experiencing hom elessness utilize in-patient care and em ergency room care m ore frequently than people w ho are n ot experiencing hom elessness.337 B ut for experiencing hom elessness, only an estim ated 20 percent of individuals experiencing hom elessness w ould have utilized in-patient care, and only an estim ated 25 percent w ould have utilized em ergency room care.338 T hat is, approxim ately 80 percent of people experiencing hom elessness and utilizing in-patient care are utilizin g this type of care solely because of their experiencing hom elessness. For em ergency room care, this m etric is 75 percent. Furtherm ore, approxim ately 84 percent of people experiencing hom elessness and utilizing either type of care w ould be en rolled in M edicaid.339 A ccording to data provided by the M aryland H ospitalA ssociation,the average cost of in-patient care and em ergency room care per individualexperiencing hom elessn ess 335 R obin H ood, a N ew Y ork C ity based non -profit organization that provides funding to m ore than 200 program s across N ew Y ork C ity,estim ates that 25 percent of evicted tenants enter hom eless shelters. See additional support for this m etric in paragraph 60. 336 K ushel,M argot,et.al."Factors A ssociated W ith the H ealth C are U tilization of H om eless Persons." T he Journ al of the A m erican M edical A ssociation. January 10, 2001. 337 K ushel,M argot,et.al."Factors A ssociated W ith the H ealth C are U tilization of H om eless Persons." T he Journ al of the A m erican M edical A ssociation. January 10, 2001. & K ushel, M argot,et.al."Em ergency D epartm ent U se A m ong the H om eless and M arginally H oused: R esults From a C om m unity-B ased Study." T he A m erican Journal of Public H ealth. M ay 2002. 338 Ibid. 339 D iPietro,B arbara et al."Early Im pacts of the M edicaid Expansion for the H om eless Population." T he K aiser C om m ission on M edicaid and the U nderinsured.N ovem ber 2014. 74 is $37,906 and $7,602, respectively. A pplying per individual costs to the portion of individuals w ho are experiencing hom elessn ess as a result of disruptive displacem ent an d w ould have utilized each type of care and are en rolled in M edicaid and then adjusting for non-federal and local portions of M edicaid expenditures results in an estim ated cost savings to B altim ore C ity of approxim ately $1.6 m illion for in-patient care and approxim ately $414,000 in em ergency room care.340 T he total estim ated M edicaid cost savings to B altim ore C ity is approxim ately $2 m illion.See E xh ibit E .1. 124.State of M arylan d.Stout used the sam e m eth odology for estim ating M edicaid cost savings to the state of M aryland as it did for B altim ore C ity.Since B altim ore C ity funds 16 percent of the non-federal portion of M edicaid, w hich is 39 percent, the state of M aryland funds the rem aining 84 percent.A pplying these adjustm ents results in an estim ated cost savings to M aryland of approxim ately $8.3 m illion for in-patient care and approxim ately $2.2 m illion in em ergency room care. T he total estim ated M edicaid cost savings to the state of M aryland is approxim ately $10.5 m illion.See E xh ibit E .2. 125.T otal E stim ated M edicaid C ost Savin gs. Stout estim ates B altim ore C ity m ay save approxim ately $1.6 m illion in M edicaid costs associated w ith in-patient care and approxim ately $414,000 in em ergency room care for a total of approxim ately $2 m illion if a right to counsel w ere im plem ented. M aryland m ay save approxim ately $8.3 m illion in M edicaid costs associated w ith in-patient care and approxim ately $2.2 m illion in em ergency room care for a total of approxim ately $10.5 m illion. C om bining savings for each jurisdiction results in an estim ated $12.5 m illion in M edicaid savings.Figure 17 show s the estim ated M edicaid cost savings by type and by jurisdiction. 340 Stout’s calculation incorporates a utilization rate for in-patient an d em ergency room care based on the utilization rate of these services by people experiencin g hom elessness.W hile the starting populations for these calculations are the sam e,the utilization rates for people experiencing hom elessness vary based on the type of care. 75 Estim ated M edicaid C ost Savings by T ype by Jurisdiction $9,000,000 P oten tialSavings $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 B altim ore C ity M aryland Jurisdiction In -patien t C are Em ergen cy R oom C are Figure 17 Estim ated AnnualFoster Care Boarding and Adm inistrative Costs Avoided 126.Stout quantified potential foster care boarding and adm inistrative costs avoided by B altim ore C ity and the state of M aryland related to children w ho m ay be placed in foster care if their household experiences disruptive displacem ent. 127.B altim ore C ity. Stout estim ates that 5,777 households in B altim ore C ity w ould avoid the high likelihood of disruptive displacem ent if a right to coun sel w ere im plem ented in B altim ore C ity.A n estim ated 62 percent of households experiencing an eviction filing have children, and the average num ber of children per household w ith children is tw o, w hich leaves 7,163 children at risk of entering foster care due to disruptive displacem ent experienced by their household.341,342 A pproxim ately 4 percent of children from evicted fam ilies are placed in foster care and are likely living in foster care for at least one year.343,344 B ased on data from the M aryland Interagency R ates C om m ittee and the M aryland D epartm ent of H um an Services, Stout estim ated that the w eighted average annual foster 341 D esm ond,M atthew et al. “Evicting C hildren.” Social Forces.2013. U .S. C ensus.A verage N um ber of C hildren per Fam ily and per Fam ily w ith C hildren by State. 2004. 343 B erg,Lisa and B ran nstrom ,Lars."Evicted children an d subsequent placem ent in out-of-hom e care: a cohort study." Public Library of Science.A pril 18. 2018. 344 Estim ated duration of stay provided by local expert on foster care in B altim ore C ity. 342 76 care boarding cost per child is approxim ately $29,351.A pproxim ately one percent of foster care boarding costs are paid by B altim ore C ity.345 U sing these m etrics,Stout estim ates that B altim ore C ity m ay save approxim ately $84,000 in foster care boarding costs related to children w hose households avoided the high likelihood of disruptive displacem ent. Stout used the sam e inputs to estim ate the potentialadm inistrative cost savings related to foster care as a result of disruptive displacem ent in B altim ore C ity. B altim ore C ity m ay realize foster care adm inistrative cost savings of approxim ately $19,000 annually if a right to counsel w ere im plem ented.346 Stout estim ates that B altim ore C ity m ay save approxim ately $103,000 annually in foster care board and adm inistrative costs if a right to counsel w ere im plem en ted.See E xh ibit F.1. 128.State of M arylan d. Stout used the sam e m ethodology for estim atin g foster care boarding cost savings to the state of M aryland as it did for B altim ore C ity. M aryland funds approxim ately 74 percent of foster care boarding costs.347 If a right to counsel w ere im plem en ted in B altim ore C ity, M aryland m ay save approxim ately $6.2 m illion in foster care boarding costs and approxim ately $1.4 m illion in adm inistrative costs (a total of approxim ately $7.6 m illion ) related to children w hose households avoided the high likelihood of disruptive displacem ent.348 See E xh ibit F.2. 129.T otal E stim ated Foster C are B oardin g C ost Savin gs. Stout estim ates B altim ore C ity and M aryland m ay save approxim ately $103,000 and $7.6 m illion, respectively, in foster care boarding costs and adm inistrative costs associated w ith children w hose households avoided the high likelihood of disruptive displacem ent through a right to counsel. C om bining savings for each jurisdiction results in an estim ated $7.7 m illion in foster care boarding and adm inistrative cost savings. Figure 18 show s the estim ated foster care boarding and adm inistrative cost savings by jurisdiction. 345 "C hild W elfare A gency Spending in M arylan d." C hild T rends.D ecem ber 2018. 45 C FR Section 1356.60 – Fiscal R equirem ents (T itle IV -E) provides guidance as to w hich types of costs m ay be categorized as adm inistrative.H ow ever,adm inistrative expenses are often disputed because there is an am biguous dividing line betw een allow able adm inistrative expenses and ineligible services,like counseling, w hich often happens sim ultaneously w ith allow able adm inistrative expenses. A s such,there is uncertainty as to w hich specific costs are categorized as adm inistrative. 347 "C hild W elfare A gency Spending in M arylan d." C hild T rends.D ecem ber 2018. 348 A s a point of com parison, M aryland spen ding on foster care each year totals approxim ately $361 m illion , according to “C hild W elfare A gency Spending in M aryland.” C hild T rends. 346 77 Estim ated Foster C are B oarding and A dm inistrative C ostSavings by Jurisdiction $9,000,000 P otentialSavin gs $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 Foster C are B oarding and A dm in istrative C osts M aryland B altim ore C ity Figure 18 130.T he poten tial cost savings related to foster care for B altim ore C ity and M aryland are likely significantly understated. Stout’s quantifications related to foster care are only related to boarding and adm inistrative expenses. T here are m any additional services offered to children w ho are living in foster care that accom pany foster care. T he cost of social w orkers, case m anagers, m aintenance paym ents, clothing, and m on itoring the w ell-being of children placed w ith fam ilies, for exam ple, are n ot included in Stout’s analyses as reliable,publicly available data to estim ate these costs w as lim ited.T here m ay also be cost savings related to children w ho are living in foster care for reasons not related to housing but w ho cannot return hom e because their fam ily is facing a housin g instability issue that could be addressed by a right to coun sel. The Preservation of Affordable H ousing 131.A pproxim ately 35,000 fam ilies are on w aiting lists for subsidized housing in B altim ore C ity,evidence of the significant dem and for affordable housing in B altim ore C ity.349 G iven the dem and for affordable housing, B altim ore C ity has dem onstrated a com m itm ent to 349 G arboden, Philip M .E. “T he D ouble C risis: A Statistical R eport on R ental H ousin g C osts and A ffordability in B altim ore C ity, 2000-2013.” T he A bell Foundation. M ay 2016. 78 building affordable housing units through n um erous program s, such as the Low Incom e H ousing T ax C redits, the H O M E P artnership P rogram , B altim ore C ity G .O . B onds, and the State of M aryland R ental H ousing P roduction P rogram .350 T he average annual costs associated w ith these program s are show n in Figure 19. Source of Fun din g for N ew A ffordable U nits Low Incom e H ousing T ax C redits H O M E Partnership Program B altim ore C ity G .O .B onds M aryland R ental H ousing Production Program T otal A verage A n n ual C ost $25 m illion $3.3 m illion $3 m illion $2 m illion $33.3 m illion Figure 19 132.In addition to the ann ualaverage spending of $33.3 m illion to build n ew affordable housing units, approxim ately $156 m illion in federal funding is spent adm inistering the Section 8 H ousing C hoice V ouch er P rogram annually.351 O ver the past 10 years, B altim ore C ity has added approxim ately 250 n ew long-term affordable housing un its each year.352 U sing the average annual cost associated w ith building these new affordable units of $33.3 m illion, the estim ated cost to build a new unit of affordable housing is approxim ately $133,000. 133.If a right to coun sel can keep tenants w ho are in affordable housing units or subsidized units,B altim ore C ity m ay not need to build as m any affordable units each year.T he current planned investm en ts in building affordable housing units by B altim ore C ity fall far short of the need. A s such, the expected investm ents in building affordable housing un its m ay not change if a right to counsel could keep tenants w ho are curren tly living in affordable housing un its. H ow ever,if a right to counseldoes prevent tenants from being evicted from affordable housing units,there is certainly value provided to B altim ore C ity by providing a m echanism to alleviate the ongoing erosion of affordable housing stock during a tim e w hen B altim ore C ity is investing in new affordable units to address the crisis. Conclusion 134.Stout quantified the estim ated costs of disruptive displacem ent in B altim ore C ity, potential B altim ore C ity cost savings realized, and the estim ated dollar value of a right to 350 A nnual Expenditures for A ffordable R ental H ousing in B altim ore C ity.B altim ore C ity D epartm ent of H ousin g and C om m unity D evelopm ent. 351 Ibid. 352 Ibid. 79 counsel in B altim ore C ity. Fully im plem entin g a right to counsel in B altim ore C ity w ould cost approxim ately $5.7 m illion. T he cost of disruptive displacem ent and potential cost savings from a right to counsel in B altim ore C ity are approxim ately $17.5 m illion: $10.6 m illion in em ergency shelter, tem porary housing, and m ental/physical health institution costs; $2.3 m illion in lost public school funding; $2.4 m illion in school transportation for students experiencing hom elessness; $2 m illion in M edicaid spending for physical health care; and $103,000 in foster care boardin g and adm inistrative costs. T hese costs of disruptive displacem ent and potential B altim ore C ity cost savings realized, w hen com pared to the cost of im plem enting a right to counsel, yield a dollar value of a right to counsel of approxim ately $3.06.It is im portant to note that this estim ate does n ot include the significant value contributed to B altim ore C ity through the preservation of affordable housing or the variety of other unquantifiable benefits of enacting a right to coun sel such as, em ploym ent stability, com m unity stability, better educational outcom es for children, few er law enforcem en t interactions w ith people experiencing hom elessness because of disruptive displacem ent,and the m ore efficient use of court resources.Figure 20 show s th e portion of total estim ated quantifiable annual costs of disruptive displacem ent an d potential quantifiable costs avoided as a result of a right to counsel for B altim ore C ity. Portion of T otal Estim ated A nnual C osts of D isruptive D isplacem ent and Potential C osts A voided as a R esult of a R ight to C ounsel- B altim ore C ity 0.6% Em ergen cy Shelter and H ousin g P rogram s 11% B altim ore C ity Public Schools Funding Lost 14% T ransportation C osts for Students Experien cing H om elessness 13% 61% M edicaid Spending for In -patien t an d Em ergen cy R oom C are Foster C are B oardin g and A dm in istrative C osts Figure 20 80 135.T he state of M aryland also m ay recognize financial benefits from a right to coun sel in B altim ore C ity. Stout estim ates that M aryland is spending an additional $10.5 m illion annually on health care costs for people experiencing hom elessness because of disruptive displacem ent and approxim ately $7.6 m illion on foster care boarding costs for children w ho cannot return hom e due to housing instability for a totalof $18.1 m illion.C onsiderin g the cost of disruptive displacem ent and potential costs avoided for B altim ore C ity and M aryland of approxim ately $35.6 m illion ($17.5 m illion for B altim ore C ity and $18.1 m illion for M aryland), the estim ated dollar value of a right to counsel is approxim ately $6.24. Figure 21 show s the portion of total estim ated quantifiable annual costs of disruptive displacem ent and potential quantifiable costs avoided as a result of a right to counsel for B altim ore C ity and M aryland. Figure 22 show s the com parative cost of a right to counsel to the estim ated annual cost of disruptive displacem ent and potential costs avoided for each jurisdiction. Portion of T otal Estim ated A nnual C osts of D isruptive D isplacem ent and Potential C osts A voided as a R esult of a R ight to C ounsel- B altim ore C ity & M aryland Em ergen cy Shelter and H ousin g P rogram s 22% 30% B altim ore C ity Public Schools Funding Lost T ransportation C osts for Students Experien cing H om elessness 6% 35% 7% M edicaid Spending for In -patien t an d Em ergen cy R oom C are Foster C are B oardin g and A dm in istrative C osts Figure 21 81 Estim ated C ost of a R ight to C ounselC om pared to the Estim ated A nnual C ost of D isruptive D isplacem ent and Potential C osts A voided by Jurisdiction B altim ore C ity & M arylan d B altim ore C ity $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 Estim ated A nnual C ost of D isruptive D isplacem en t an d Potential C osts A voided Estim ated C ost of a R ight to C oun sel Figure 22 136.Stout’s estim ates of the cost of disruptive displacem ent and potential cost savings for B altim ore C ity and M aryland are likely significantly understated. Included in the calculation are benefits of a right to counsel that are quantifiable and reasonably reliable w ith available data. H ow ever, if tenants experienced m ore stable housing, B altim ore C ity and M aryland w ould enjoy m any benefits that are not at this tim e reliably quantifiable and therefore are not included in Stout’s calculations. T he costs that w ould be avoided an d benefits that w ould be enjoyed include,but are not lim ited to:      T he education costs,juvenile justice costs,an d child w elfare costs associated w ith children experiencing hom elessness; T he negative im pact of eviction on tenants’credit score,ability to re-rent,and the potential loss of a subsidized housing voucher; T he cost of providing public benefits w hen jobs are lost due to eviction or the eviction process; C ertain additional costs associated w ith hom elessness, such as additional law enforcem ent and incarceration costs; T he cost of fam ily,com m un ity,and neighborhood instability; 82    P reservation of financial assets and personal belongings353; T he costs to B altim ore C ity of enforcing rent law s and regulations that could be avoided; and A reduction ,over tim e,of the n um ber of eviction cases filed resulting in im proved use of B altim ore C ity and M aryland court resources. Assum ptions and Lim iting Conditions 137.Stout’s conclusions are based on inform ation received to date. Stout reserves the right to change those conclusions should additional inform ation be provided. 138.Stout’s review ,research,and analysis w as conducted on an indepen dent basis.N o one w ho w orked on this engagem ent has any know n m aterialinterest in the outcom e ofthe analysis. ________________________________ N eil Steinkam p M anaging D irector Stout R isius R oss,LLC 353 W hen low -incom e tenants are evicted,it can have a significant detrim ental finan cial im pact in the form of m oving expenses, loss of personal belongings,loss of security deposit,court fees, and fines from landlords.Low incom e tenants already possess few financial assets,but w hen they are evicted th ese w ill likely be fully depleted, m aking their situation even m ore challenging.For exam ple,if after being evicted,a low -incom e tenant needs a repair to his or her vehicle that is used for transportation to w ork and childcare,the financial assets that m ay have been available to pay for the repair m ay have been used for the expenses described above. 83 Exhibit A Sum m ary of the Cost of Eviction,Potential Cost Savings,and the D ollar Value of a Right to Counsel T h e E con om ic Im pact of an E viction R igh t to C oun sel in B altim ore C ity E xh ibit A - Sum m ary of th e C ost of E viction , P oten tial C ost Savin gs, an d th e D ollar V alue of a R igh t to C oun sel 1 Estim ated A nnual Em ergency Shelter and H ousing Program C osts as a R esult of D isruptive D isplacem ent [a] 2 Estim ated State-Provided Foundational Program Funding for B altim ore C ity Public Schools Lost 3 Estim ated A nnual T ransportation C osts A voided R elated to Students Experiencing H om elessness in B altim ore C ity Public Schools 4 Estim ated A nnual A dditional M edicaid Spending by B altim ore C ity R elated to Individuals Experiencing H om elessness as a R esult of D isruptive D isplacem ent 5 Estim ated A nnual Foster C are B oarding and A dm inistrative C osts Paid by B altim ore C ity as a R esult of D isruptive D isplacem ent 6 T otal Estim ated A nnual C osts of D isruptive D isplacem ent and Potential C osts A voided as a R esult of a R ight to C ounsel 7 T otal Estim ated C ost to B altim ore C ity to Provide a R ight to C ounsel to Eligible T enants 8 Estim ated D ollar V alue of a R ight to C ounsel B altim ore C ity $10,615,735 $2,302,578 $2,438,000 $1,998,342 $103,229 $17,457,885 $5,704,841 $3.06 M arylan d N /A N /A N /A $10,491,298 $7,638,969 $18,130,266 T otal $10,615,735 $2,302,578 $2,438,000 $12,489,640 $7,742,198 $35,588,151 $5,704,841 D etailed C alculation Exhibits B .1 and B .2 Exhibit C Exhibit D Exhibit E.1 and E.2 Exhibit F.1 and F.2 $6.24 [a] A portion of the estim ated $10.6 m illion cost of disruptive displacem ent in B altim ore C ity related to annual em ergency shelter and housing program costs is likely paid by M aryland.H ow ever,publicly available data through the M ayor's O ffice of H um an Services budget does not provide the level of detail needed to separate the cost betw een B altim ore C ity and M aryland.For presentation purposes,the total $10.6 m illion is show n as attributable to B altim ore C ity. 33mm Exhibit 3.1 Estimated Annual Emergency Shelter and Housing Program Costs T h e E con om ic Im pact of an E viction R igh t to C oun sel in B altim ore C ity E xh ibit B .1 - E stim ated A n n ual E m ergen cy Sh elter an d H ousin g P rogram C osts 1 2 3 4 H ou sin g P rogram Em ergency Shelter [a] R apid R e-H ousing [b] T ransitional H ousing [c] Perm anent Supportive H ousing [d] E stim ated A n n u al C ost $10,950 $11,500 $32,400 $25,317 E stim ated C ost per D ay [e] $30 $32 $89 $69 E stim ated D u ration of Stay (in D ays) [f] 113 200 405 2,008 E stim ated T otal C ost B ased on E stim ated C ost per D ay an d E stim ated D u ration of Stay (in D ays) $3,390 $6,301 $35,951 $139,244 [a] Estim ated annual cost of Em ergency Shelter is calculated by m ultiplying $30 per day by 365 days. [b] Estim ated annual cost of R apid R e-H ousing is the average of the $10,000 and $13,000 cost reported by the M ayoral W orkgroup on H om elessness at "M ayoral W orkgroup on H om elessness Executive Sum m ary." C ity of B altim ore. [c] Estim ated annual cost of T ransitional H ousing is calculated by m ultiplying $2,700 per m onth by 12 m onths.T he $2,700 per m onth cost is reported in "Fam ily O ptions Study: 3-Y ear Im pacts of H ousing and Services Interventions for H om eless Fam ilies." U .S.D epartm ent of H ousing and U rban D evelopm ent.O ctober 2016. [d] Estim ated annual cost of Perm anent Supportive H ousing is an estim ate from a sim ilarly situated U nited States city as reported in Leopold, Josh and G old,A m anda."T he C osts and Potential Savings of Supportive H ousing for C hild W elfare-Involved Fam ilies." U rban Institute.M ay 2019. [e] Estim ated cost per day for Em ergency Shelter as reported in Z aleski,A ndrew ."A s B altim ore B ulldozes T ents,Q uestions of H ousing D isplaced H om eless Em erge." N ext C ity.M arch 14,2013.Estim ated cost per day for other housing program s is calculated based on the estim ated annual cost and a 365-day year. [f]" M O H S R eport to the B oard." June 2019. Exhibit B .2 Estim ated AnnualEm ergency Shelter, Tem porary H ousing,and M ental/Physical H ealth Institution H ousing Program Costs Related to D isruptive D isplacem ent Caused by Eviction T h e E con om ic Im pact of an E viction R igh t to C ou n sel in B altim ore C ity E xh ibit B .2 - E stim ated A n n u al E m ergen cy Sh elter, T em porary H ou sin g, an d M en tal/P h ysical H ealth In stitu tion H ou sin g P rogram C osts R elated to D isru ptive D isplacem en t C au sed by E viction 1 2 3 4 5 A nnual Em ergency Shelter C osts R elated to D isruptive D isplacem ent C aused by Eviction Estim ated N um ber of Incom e Eligible H ouseholds w ith a H igh Likelihood of A voiding D isruptive D isplacem ent because of a R ight to C ounsel [a] Estim ated Portion of Incom e Eligible H ouseholds w ith a H igh Likelihood of A voiding D isruptive D isplacem ent that W ould H ave Likely Entered Em ergency Shelter B ut For a R ight to C ounsel [b] Estim ated N um ber of Incom e Eligible H ouseholds w ith a H igh Likelihood of A voiding D isruptive D isplacem ent that W ould H ave Likely Entered Em ergency Shelter B ut For a R ight to C ounsel Estim ated A nnual Em ergency Shelter C ost per H ousehold Living in Em ergency Shelter [c] T otal E stim ated A n n ual E m ergen cy Sh elter C osts R elated to D isruptive D isplacem en t C aused by E viction 5,777 25% 1,444 $3,390 $4,896,008 6 7 8 9 10 A nnual T em porary H ousing Program C osts R elated to D isruptive D isplacem ent C aused by Eviction Estim ated N um ber of Incom e Eligible H ouseholds w ith a H igh Likelihood of A voiding D isruptive D isplacem ent that W ould H ave Likely Entered Em ergency Shelter B ut For a R ight to C ounsel Estim ated Portion of Incom e Eligible H ouseholds w ith a H igh Likelihood of A voiding D isruptive D isplacem ent that W ould H ave Likely Entered Em ergency Shelter and Exited Em ergency Shelter for a T em porary H ousing Program B ut For a R ight to C ounsel [d] Estim ated N um ber of Incom e Eligible H ouseholds w ith a H igh Likelihood of A voiding D isruptive D isplacem ent that W ould H ave Likely Entered Em ergency Shelter and Exited Em ergency Shelter for a T em porary H ousing Program B ut For a R ight to C ounsel Estim ated A nnual C ost of T em porary H ousing Program s per H ousehold [e] T otal E stim ated T em porary H ousin g P rogram C osts R elated to D isruptive D isplacem en t C aused by E viction 1,444 58% 838 $6,301 $5,278,437 11 12 13 14 15 16 A nnual M ental/Physical H ealth Institution H ousing C osts R elated to D isruptive D isplacem ent C aused by Eviction Estim ated N um ber of Incom e Eligible H ouseholds w ith a H igh Likelihood of A voiding D isruptive D isplacem ent that W ould H ave Likely Entered Em ergency Shelter B ut For R ight to C ounsel Estim ated Portion of Incom e Eligible H ouseholds w ith a H igh Likelihood of A voiding D isruptive D isplacem ent that W ould H ave Likely Entered Em ergency Shelter and Exited Em ergency Shelter for a M ental/Physical H ealth Institution Program B ut For a R ight to C ounsel [f] Estim ated N um ber of Incom e Eligible H ouseholds w ith a H igh Likelihood of A voiding D isruptive D isplacem ent that W ould H ave Likely Entered Em ergency Shelter and Exited Em ergency Shelter for a M ental/Physical H ealth Institution B ut For a R ight to C ounsel A verage Length of Stay at M ental/Physical H ealth Institution (in D ays) [g] A verage C ost per D ay of M ental/Physical H ealth Institution [h] T otal E stim ated M en tal/P h ysical H ealth In stitution H ousin g C osts R elated to D isruptive D isplacem en t C aused by E viction 17 T otal E stim ated A n n ual E m ergen cy Sh elter, T em porary H ousin g, an d M en tal/P h ysical H ealth In stitution H ousin g C osts R elated to D isruptive D isplacem en t C aused by E viction 1,444 7% 101 9 $485 $441,291 $10,615,735 [a] Stout's calculation of the estim ated num ber of incom e eligible households w ith a high likelihood of avoiding disruptive displacem ent as a result of right to counsel. [b] Estim ated by R obin H ood.https://robinhoodorg-production.s3.am azonaw s.com /uploads/2017/04/M etrics-Equations-for-W ebsite_Sept-2014.pdf.Further supported by m etrics cited in paragraph 60 of the report. [c] See Line 1 of Exhibit B .1. [d] M O H S R eport to the B oard - June 2019.Stout estim ated the 58 percent exit to tem porary housing m etric using data from the M O H S R eport to the B oard – June 2019.W hen data w as able to be collected,approxim ately 58 percent of exits from em ergency shelter w ere to tem porary housing. [e] See Line 2 of Exhibit B .1.Stout is using the cost of R apid R e-housing program s as a proxy for tem porary housing program costs.C ities w ith a C ontinuum of C are Program often use R apid R e-housing w hile assisting w ith finding perm anent housing for people experiencing hom elessness,m aking it an interim , tem porary living arrangem ent and a reasonably proxy for tem porary housing costs. [f] M O H S R eport to the B oard - June 2019.Stout estim ated the seven percent exit to m ental/physical health institution m etric using data from the M O H S R eport to the B oard – June 2019.W hen data w as able to be collected,approxim ately seven percent of exits from em ergency shelter w ere to m ental/physical health institutions. [g] Lee,Sungkyu,Ph.D .,et al."Length of Inpatient Stay of Persons w ith Serious M ental Illness: Effects of H ospital and R egional C haracteristics." Psychiatric Services.Septem ber 1,2012.Stout used the finding in this study that the length of stay w as betw een 7 and 10 days,taking the average of 7 days and 10 days results in Stout's estim ate of a 9 day length of stay. Exhibit C Estim ated State-Provided Foundation Program Funding for Baltim ore City Public Schools Lost as a Result of Chronic Absences of Students Experiencing H om elessness as a Result of D isruptive D isplacem ent T h e E con om ic Im pact of an E viction R igh t to C oun sel in B altim ore C ity E xh ibit C - E stim ated State-P rovided Foun dation P rogram Fun din g for B altim ore C ity P ublic Sch ools Lost as a R esult of C h ron ic A bsen ces of Studen ts E xperien cin g H om elessn ess as a R esult of D isruptive D isplacem en t C ost T ype State-P rovided Foun dation al P rogram Fun din g for B altim ore C ity P ublic Schools E stim ated Stu den ts E xperien cin g H om elessn ess C on sidered to be C h ron ically A bsen t [a] 1,382 E stim ated P ortion of E stim ated Stu den ts Stu den ts E xperien cin g E xperien cin g H om elessn ess as a H om elessn ess D u e to R esu lt of D isru ptive D isru ptive D isplacem en t D isplacem en t C on sidered to be [b] C h ron ically A bsen t 25% 346 E stim ated P ortion of Stu den ts W h o W ou ld H ave A voided th e H igh Likelih ood of D isru ptive D isplacem en t if a R igh t to C ou n sel W ere Im plem en ted [c] 92% [a] D ata provided to Stout by B altim ore C ity P ublic Schools. [b] Estim ated by R obin H ood.https://robin hoodorg-production .s3.am azon aw s.com /uploads/2017/04/M etrics-Equation s-for-W ebsite_Sept-2014.pdf.Further supported by m etrics cited in paragraph 60 of the report. [c] Estim ated by Stout usin g case in form ation from five civil legal aid providers in B altim ore C ity w ho represen t ten an ts in eviction proceedin gs. [d] C alculation by M arylan d State D epartm en t of Education for M ajor State A id P rogram s for Fiscal Y ear 2020. E stim ated State-P rovided Fou n dation P rogram Fu n din g for B altim ore C ity P u blic Sch ools Lost as a R esu lt of C h ron ic A bsen ces of Stu den ts E xperien cin g P er P u pil Fou n dation H om elessn ess as a R esu lt of D isru ptive Fu n din g [d] D isplacem en t $7,244 $2,302,578 Exhibit D Estim ated AnnualTransportation Costs Avoided Related to Students Experiencing H om elessness in Baltim ore City Public Schools T h e E con om ic Im pact of an E viction R igh t to C oun sel in B altim ore C ity E xh ibit D - E stim ated A n n ual T ran sportation C osts A voided R elated to Studen ts E xperien cin g H om elessn ess in B altim ore C ity P ublic Sch ools 1 R eported T ran sportation C ost A ssociated w ith Studen ts Experiencin g H om elessn ess in B altim ore C ity Public Schools [a] 2 Students Experiencing H om elessn ess in B altim ore C ity Public Schools w ith T ran sportation N eeds [a] 3 A nnual Estim ated T ransportation C ost per Studen t Experiencing H om elessness in B altim ore C ity Public Schools w ith T ransportation N eeds 4 5 6 7 8 9 Students Experiencing H om elessn ess in B altim ore C ity Public Schools w ith T ran sportation N eeds [a] Estim ated P ortion of Studen ts Experien cin g H om elessn ess as a R esult of D isruptive D isplacem en t [b] A nnual Estim ated N um ber of Studen ts Experien cin g H om elessness in B altim ore C ity P ublic Schools w ith T ransportation N eeds D ue to D isruptive D isplacem ent Estim ated P ortion of Studen ts W ho W ould H ave A voided the H igh Likelihood of D isruptive D isplacem en t if a R ight to C oun sel W ere Im plem ented [c] A nnual Estim ated T ransportation C ost per Studen t Experiencing H om elessness in B altim ore C ity Public Schools w ith T ransportation N eeds E stim ated A n n u al T ran sportation C osts A voided R elated to Stu den ts E xperien cin g H om elessn ess in B altim ore C ity P ublic Sch ools $10,600,000 1,197 $8,855 1,197 25% 299 92% $8,855 $2,438,000 [a] D ata provided to Stout by B altim ore C ity P ublic Schools. [b] Estim ated by R obin H ood.https://robin hoodorg-production .s3.am azon aw s.com /uploads/2017/04/M etrics-Equation s-for-W ebsite_Sept-2014.pdf.Further supported by m etrics cited in paragraph 60 of the report. [c] Estim ated by Stout usin g case in form ation from five civil legal aid providers in B altim ore C ity w ho represent ten ants in eviction proceedin gs. Exhibits E.1 and E.2 Estim ated AnnualAdditionalM edicaid Spending by Baltim ore City and M aryland Related to Individuals Experiencing H om elessness as a Result of D isruptive D isplacem ent T h e E con om ic Im pact of an E viction R igh t to C oun sel in B altim ore C ity E xh ibit E .1 - E stim ated A n n ual A ddition al M edicaid Spen din g by B altim ore C ity R elated to In dividuals E xperien cin g H om elessn ess as a R esult of D isruptive D isplacem en t C ost T ype 1 2 3 In-patient C are Em ergency R oom C are T otal In dividu als A voidin g th e H igh Likelih ood of D isru ptive D isplacem en t [a] P ortion of In dividu als E xperien cin g H om elessn ess D u e to D isru ptive D isplacem en t [b] In dividu als E xperien cin g H om elessn ess as a R esu lt of D isru ptive D isplacem en t U tilization R ate by P eople E xperien cin g H om elessn ess [c] 17,331 17,331 25% 25% 4,333 4,333 23% 32% P ortion of In dividu als E xperien cin g H om elessn ess In dividu als E xperien cin g as a R esu lt of D isru ptive H om elessn ess as a R esu lt D isplacem en t U tilizin g of D isru ptive H ealth care Services B u t For D isplacem en t U tilizin g E xperien cin g H om elessn ess H ealth care Services [c,d] 997 1,386 80% 75% P ortion of In dividuals E xperien cin g H om elessn ess as a R esult of D isruptive D isplacem en t E n rolled in M edicaid [e] 84% 84% A verage C ost per In dividual E xperien cin g H om elessn ess [f] $37,906 $7,602 E stim ated A n n ual A ddition al E stim ated A n n ual A ddition al M edicaid Spen din g by H ealth C are C ost R elated to B altim ore C ity R elated to In dividuals E xperien cin g N on -Federal P ortion Local G overn m en t P ortion of In dividuals E xperien cin g H om elessn ess as a R esult of of M edicaid N on -Federal P ortion of H om elessn ess as a R esult of D isruptive D isplacem en t E xpen ditures [g] M edicaid E xpen ditures [h ] D isruptive D isplacem en t $25,384,505 39% 16% $1,583,993 $6,640,213 39% 16% $414,349 $1,998,342 [a] Stout's estim ation of individuals experiencing hom elessness as a result of disruptive displacem ent. [b] Estim ated by R obin H ood.https://robinhoodorg-production.s3.am azonaw s.com /uploads/2017/04/M etrics-Equations-for-W ebsite_Sept-2014.pdf.Further supported by m etrics cited in paragraph 60 of the report. [c] K ushel,M argot,et.al."Factors A ssociated W ith the H ealth C are U tilization of H om eless Persons." T he Journal of the A m erican M edical A ssociation.January 10,2001. [d] K ushel,M argot,et.al."Em ergency D epartm ent U se A m ong the H om eless and M arginally H oused: R esults From a C om m unity-B ased Study." T he A m erican Journal of Public H ealth.M ay 2002. [e] D iPietro,B arbara et al."Early Im pacts of the M edicaid Expansion for the H om eless Population." T he K aiser C om m ission on M edicaid and the U nderinsured.N ovem ber 2014. [f] B altim ore C ity data received by Stout from the M aryland H ospital A ssociation using IC D -10 code Z 49.0. [g] "Federal and State Share of M edicaid Spending." K aiser Fam ily Foundation.R eferencing U rban Institute estim ates based on data from C M S (Form 64),as of A ugust 2019. [h] "M edicaid Financing States'Increased R eliance on Funds from H ealth C are Providers and Local G overnm ents W arrants Im proved C M S D ata C ollection." U nited States G overnm ent A ccountability O ffice.July 2014. T h e E con om ic Im pact of an E viction R igh t to C oun sel in B altim ore C ity E xh ibit E .2 - E stim ated A n n ual A ddition al M edicaid Spen din g by th e State of M arylan d R elated to In dividuals E xperien cin g H om elessn ess as a R esult of D isruptive D isplacem en t C ost T ype 1 2 3 In-patient C are Em ergency R oom C are T otal In dividu als A voidin g th e H igh Likelih ood of D isru ptive D isplacem en t [a] P ortion of In dividu als E xperien cin g H om elessn ess D u e to D isru ptive D isplacem en t [b] In dividu als E xperien cin g H om elessn ess as a R esu lt of D isru ptive D isplacem en t U tilization R ate by P eople E xperien cin g H om elessn ess [c] 17,331 17,331 25% 25% 4,333 4,333 23% 32% P ortion of In dividu als E xperien cin g H om elessn ess In dividu als E xperien cin g as a R esu lt of D isru ptive H om elessn ess as a R esu lt D isplacem en t U tilizin g of D isru ptive H ealth care Services B u t For D isplacem en t U tilizin g E xperien cin g H om elessn ess H ealth care Services [c,d] 997 1,386 80% 75% P ortion of In dividuals E xperien cin g H om elessn ess as a R esult of D isruptive D isplacem en t E n rolled in M edicaid [e] 84% 84% [a] Stout's estim ation of individuals experiencing hom elessness as a result of disruptive displacem ent. [b] Estim ated by R obin H ood.https://robinhoodorg-production.s3.am azonaw s.com /uploads/2017/04/M etrics-Equations-for-W ebsite_Sept-2014.pdf.Further supported by m etrics cited in paragraph 60 of the report. [c] K ushel,M argot,et.al."Factors A ssociated W ith the H ealth C are U tilization of H om eless Persons." T he Journal of the A m erican M edical A ssociation.January 10,2001. [d] K ushel,M argot,et.al."Em ergency D epartm ent U se A m ong the H om eless and M arginally H oused: R esults From a C om m unity-B ased Study." T he A m erican Journal of Public H ealth.M ay 2002. [e] D iPietro,B arbara et al."Early Im pacts of the M edicaid Expansion for the H om eless Population." T he K aiser C om m ission on M edicaid and the U nderinsured.N ovem ber 2014. [f] B altim ore C ity data received by Stout from the M aryland H ospital A ssociation using IC D -10 code Z 49.0. [g] "Federal and State Share of M edicaid Spending." K aiser Fam ily Foundation.R eferencing U rban Institute estim ates based on data from C M S (Form 64),as of A ugust 2019. A verage C ost per In dividual E xperien cin g H om elessn ess [f] $37,906 $7,602 E stim ated A n n ual A ddition al H ealth C are C ost R elated to In dividuals E xperien cin g N on -Federal P ortion H om elessn ess as a R esult of of M edicaid D isruptive D isplacem en t E xpen ditures [f] $25,384,505 39% $6,640,213 39% E stim ated A n n ual A ddition al M edicaid Spen din g by M arylan d R elated to State P ortion of N on In dividuals E xperien cin g Federal P ortion of M edicaid H om elessn ess as a R esult of E xpen ditures [f] D isruptive D isplacem en t 84% $8,315,964 84% $2,175,334 $10,491,298 Exhibit F.1 and F.2 Estim ated AnnualFoster Care Boarding and Adm inistrative Costs Avoided by Baltim ore City and M aryland as a Result of D isruptive D isplacem ent T h e Econ om ic Im pact of an Eviction R igh t to C oun sel in B altim ore C ity Exh ibit F.1 - Estim ated A n n ual Foster C are B oardin g an d A dm in istrative C osts A voided by B altim ore C ity as a R esult of D isruptive D isplacem en t C ost T ype 1 Estim ated A nnual Foster C are B oarding Expenditures 2 Estim ated A nnual A dm inistrative C ost In com e Eligible H ouseh olds Likely to Estim ated P ortion Estim ated N um ber A void th e H igh Likelih ood of H ouseh olds of H ouseh olds P ortion of C h ildren of Experien cin g Experien cin g an Experien cin g an A verage N um ber from Evicted D isruptive D isplacem en t Eviction Filin g w ith Eviction Filin g w ith of C h ildren per Fam ilies P laced in [a] C h ildren [b] C h ildren H ouseh old [c] Foster C are [d] 5,777 62% 3,582 2 4% 5,777 62% 3,582 2 4% 3 T otal Estim ated A n n ual Foster Estim ated P ortion C are B oardin g C osts P aid Estim ated C ost of Foster C are by B altim ore C ity as a per C h ild per C osts P aid by th e R esult of D isruptive Y ear [e] C ity [f] D isplacem en t $29,351 1% $84,103 $6,675 1% $19,126 $103,229 [a] Stout's estim ation of incom e eligible households likely to avoid the high likelihood of experiencing disruptive displacem ent as a result of a right to counsel. [b] D esm ond,M atthew et al.“Evicting C hildren.” Social Forces.2013. [c] U .S.C ensus.A verage N um ber of C hildren per Fam ily and per Fam ily w ith C hildren by State.2004. [d] B erg,Lisa and B rannstrom ,Lars."Evicted children and subsequent placem ent in out-of-hom e care: a cohort study." Public Library of Science.A pril 18.2018. [e] Stout calculated the w eighted average annual foster care boarding cost per child based on type of foster care (R egular,Interm ediate,Public T reatm ent,Private T reatm ent,and Em ergency C are).Sources for this calculation include: "Fiscal Y ear 2018 Interagency R ates C om m ittee Provider R ates." M aryland D epartm ent of Education.; "G uidelines for Foster C are B oard R ate and Expenditures." M aryland D epartm ent of H um an Services.July 1,2019.; and "C asey C hild W elfare Financing Survey: Fam ily Foster C are Provider C lassifications and R ates,M aryland Profile." C hild T rends.N .d.Stout used the annual adm inistrative cost estim ate presented in Z ill,N icholas."B etter Prospects,Low er C ost: T he C ase for Increasing Foster C are A doption." A doption A dvocate,N ational C ouncil for A doption.M ay 2011. [f] "C hild W elfare A gency Spending in M aryland" C hild T rends.D ecem ber 2018. T h e Econ om ic Im pact of an Eviction R igh t to C oun sel in B altim ore C ity Exh ibit F.2 - Estim ated A n n ual Foster C are B oardin g an d A dm in istrative C osts A voided by th e State of M arylan d as a R esult of D isruptive D isplacem en t C ost T ype 1 Estim ated A nnual Foster C are B oarding Expenditures 2 Estim ated A nnual A dm inistrative C ost 3 T otal In com e Eligible H ouseh olds Likely to Estim ated P ortion Estim ated N um ber A void th e H igh Likelih ood of H ouseh olds of H ouseh olds P ortion of C h ildren of Experien cin g Experien cin g an Experien cin g an A verage N um ber from Evicted D isruptive D isplacem en t Eviction Filin g w ith Eviction Filin g w ith of C h ildren per Fam ilies P laced in [a] C h ildren [b] C h ildren H ouseh old [c] Foster C are [d] 5,777 62% 3,582 2 4% 5,777 62% 3,582 2 4% W eigh ted Estim ated P ortion A verage Foster of Foster C are Estim ated A n n ual Foster C are B oardin g C osts P aid by th e C are B oardin g C osts P aid C ost per C h ild State of M arylan d by M arylan d as a R esult of per Y ear [e] [f] D isruptive D isplacem en t $29,351 74% $6,223,608 $6,675 74% $1,415,360 $7,638,969 [a] Stout's estim ation of incom e eligible households likely to avoid the high likelihood of experiencing disruptive displacem ent as a result of a right to counsel. [b] D esm ond,M atthew et al.“Evicting C hildren.” Social Forces.2013. [c] U .S.C ensus.A verage N um ber of C hildren per Fam ily and per Fam ily w ith C hildren by State.2004. [d] B erg,Lisa and B rannstrom ,Lars."Evicted children and subsequent placem ent in out-of-hom e care: a cohort study." Public Library of Science.A pril 18.2018. [e] Stout calculated the w eighted average annual foster care boarding cost per child based on type of foster care (R egular,Interm ediate,Public T reatm ent,Private T reatm ent,and Em ergency C are).Sources for this calculation include: "Fiscal Y ear 2018 Interagency R ates C om m ittee Provider R ates." M aryland D epartm ent of Education.; "G uidelines for Foster C are B oard R ate and Expenditures." M aryland D epartm ent of H um an Services.July 1,2019.; and "C asey C hild W elfare Financing Survey: Fam ily Foster C are Provider C lassifications and R ates,M aryland Profile." C hild T rends.N .d.Stout used the annual adm inistrative cost estim ate presented in Z ill,N icholas."B etter Prospects,Low er C ost: T he C ase for Increasing Foster C are A doption." A doption A dvocate,N ational C ouncil for A doption.M ay 2011. [f] "C hild W elfare A gency Spending in M aryland" C hild T rends.D ecem ber 2018.