The expected enactment of H.B.18, “Access to Counsel in Evictions,” will make Maryland the second state in the nation, after Washington state, to ensure a legal right to counsel. Maryland Governor Larry Hogan announced on May 28 that the bill will become law without his signature. H.B.18 mandates that all income-eligible renters will have access to free legal counsel in evictions and subsidy terminations by 2025, and it requires landlords to send tenants a 10-day notice of intent to file an eviction complaint for past due rent.
Five out of ten Black and brown Maryland households are behind on rent and report they are very likely or somewhat likely to leave their home due to an eviction in the coming months. Despite the federal moratorium, landlords have been able to evict tenants, by not giving tenants with expired leases the opportunity to renew, and then taking legal action against them. A study from Stout found that while most landlords have representation in eviction cases, most renters do not.
Legal representation helps tenants win eviction cases and can lessen the blow if an eviction is unavoidable. In unavoidable instances, attorneys can prevent an eviction from being formerly entered or obtain extra time for a tenant to move, reducing the risk of homelessness. An eviction on one’s record makes it harder for tenants to find future housing, leading them with limited housing options.
H.B.18 was sponsored by Delegates Wanika Fisher, Sandy Rosenberg, Vaughn Stewart, and Jheanelle Wilkins, and by Senators Shelly Hettleman, Jill Carter, Michael Jackson, Susan Lee, William Smith, Charles Sydnor, Jeff Waldstreicher, and Christopher West. With the bill’s passage, renters in Maryland will have more tools to stave off evictions, although many advocates are concerned about implementation of the program. The state attorney general, Maryland Legal Services Corporation, and the Maryland Access to Justice Commission have proposed a gradual rollout, seeking $5-7 million in fiscal year 2022 (FY22) and working toward full implementation by FY25.
Renters United Maryland is urging the state to use money from the American Rescue Plan Act (ARPA) to implement a right to counsel immediately. More than 144,000 Maryland households face eviction due to the economic impacts of COVID-19, and 82% are households of color. The $800 million in rental assistance provided to the state can keep renters stably housed, but not if those renters are evicted before the money can be distributed.
“If there’s not rapidly some way to fund this bill, then it just becomes almost like an illusory reform,” said Zafar Shah, a public housing attorney with the Public Justice Center. “Really hard to hang your hat on that, especially during a pandemic.”
To learn more about Renters United Maryland and its efforts to pass right to counsel and other tenant rights legislation, visit: https://rentersunitedmaryland.org/