Clark County, Nevada, which encompasses the cities of Las Vegas, Henderson, and Paradise, recently announced an expansion of its eviction diversion program. Launched with a $1.25 million grant from the National Center for State Courts and spearheaded by the Las Vegas Justice Court, Legal Aid of Southern Nevada, and the Neighborhood Justice Center, the program will provide legal aid services and rental assistance support for eligible residents in order to promote housing stability amid a wave of evictions. The initiative focuses specifically on marginalized renters, such as those on a fixed income, seniors, and those living with a disability, and will involve collaboration with specialists in the Clark County area to connect individuals to resources, services, housing assistance, and mediators.
The expansion of legal support services through the county’s eviction diversion program is a critical support service offered to tenants facing the threat of eviction in the Clark County area. Known commonly as “right to counsel” protections, which can be passed as standalone laws or as part of existent court-based initiatives (as in Clark County), such protections are meant to guarantee that tenants facing the threat of eviction will be provided with legal representation in court. The ability to consult legal experts during eviction proceedings ensures the enforcement of tenants’ rights, holds landlords accountable during the formal eviction process, and helps tenants avoid eviction and involuntary moves. The National Coalition for a Civil Right to Counsel found that, nationwide, only 4% of tenants have legal representation during eviction proceedings, compared to 83% of landlords.
Access to legal resources during the eviction process are particularly useful in the Clark County area, as the county has reported more than 190,000 eviction filings since the start of the pandemic in March 2020 – over 20% more than the county’s pre-pandemic average. Moreover, the eviction process in Nevada is unique: tenants are required to initiate a case with the courts after receiving an initial “notice to quit” or pay-to-quit notice from a landlord. The process creates an overwhelming power imbalance between landlords and tenants, insofar as it puts the onus in navigating the court system squarely on the tenant. Because the eviction process in Nevada is relatively fast-moving as well, such circumstances can result in default eviction judgements against tenants.
Since the start of the eviction diversion program, however, courts have amended existing state laws to support tenants by requiring that eviction filing forms include clear language, among other things. Las Vegas Justice Court staff also use a “tenant answer form” to initiate court proceedings to screen eligibility for the eviction prevention program. If individuals are deemed eligible, they automatically receive a court order explaining necessary documents for an appointment aimed at providing legal assistance and information on financial and housing stability programs.
Another measure embedded in Clark County’s Eviction Prevention program is assistance for those who are behind in rent, even if they have not been served with an eviction notice. Resources are available as a one-time benefit covering utility assistance and up to one year of past due rent and three months of future rent. There is also the possibility for relocation assistance for individuals who have already been evicted or for whom eviction is unavoidable. To be eligible, individuals must be past due on their rent with a plan to pay going forward and make at or below 60% of the area median income for Clark County, or $3,035 per month or less for a one-person household.
Additionally, individuals with a fixed income through programs administered by the Social Security Administration, Veterans Affairs, pensions, or disability benefits are eligible for rent and utility assistance if they have experienced a rental increase in the last year and have been served an eviction notice. Residents must be making at or below 50% of the current Area Median income, or $2,530 for a one-person household.
Previously, financial support for the county’s rental assistance programs, was allocated through “Assembly Bill 396,” which allocated $12,000,000 in funding to be distributed over two years to the county’s eviction diversion program. Smaller amounts have also been allocated to the cities of Sparks and Reno for the same purpose.
As noted, since the end of the federal eviction moratorium in August 2021, evictions have increased each year in Nevada, while at the same time, statewide allocations to eviction diversion that were effective during the pandemic have also dwindled. When it was active, the Clark County Cares Housing Assistance Program distributed more than $375 million in rental assistance to more than 70,000 local households and utility assistance to 60,000 households.
Furthermore, Las Vegas continues to face a shortage of quality, affordable, and available homes. In the summer of 2023, the Las Vegas Review-Journal reported that out-of-state, institutional investors, which are financed corporate landlords, purchased hundreds of Clark County single-family rental homes, concentrated mostly in North Las Vegas and Las Vegas. The homes were bought by a Miami-based investment firm and sold to the Dallas-based Invitation Homes for $98 million. Studies show that corporate investors buying large amounts of properties contribute to housing shortages, leading to rental increases.
According to NLIHC’s The Gap Report, Las Vegas faces a shortage of over 60,000 rental units for extremely low-income renter households. Only 13 of every 100 rental homes are affordable and available for those making at or below 30% of the Area Median Income, or $18,200 for a 1-person household. Of extremely low-income renters, nearly 90% must allocate more than half of their income toward housing and utility costs. Meanwhile, the NLIHC’s Out of Reach Report finds that workers must earn an hourly wage of $31.60 to afford a two-bedroom apartment at Fair Market Rent, or work 103 hours a week at minimum wage.
In response to the affordable housing crisis, lawmakers have taken steps to ease the affordability crisis for renters. Notably, Nevada lawmakers Steven Horsford (D-NV 4th District) and Jacky Rosen (D-NV) have written a letter to the Department of Housing and Urban Development requesting that Southern Nevada Regional Housing Authority’s (SNRHA) Housing Choice Vouchers be increased by 10,000. Currently, the program has a waitlist of over 42,000 individuals.
The expansion of the eviction diversion program was supported by the Nevada Housing Coalition (NHC), an organization dedicated to housing advocacy. An NLIHC partner, the NHC collaborates with stakeholders, community leaders, and the private sector to advance solutions addressing the lack of affordable housing in the state. On the new program, NHC executive director Maurice Page says "The Nevada Housing Coalition applauds the $1.25 million grant from the National Center for State Courts initiative in launching this eviction diversion program. This critical effort aims to prevent evictions, reduce associated costs, and connect at-risk residents with necessary resources to maintain housing stability. By keeping people housed throughout Las Vegas, we are ensuring stronger, more resilient communities. The program's focus on community partnerships and judicial supervision is essential in addressing the housing crisis effectively.”
For more information on rental assistance, please see Clark County's Eviction Prevention program.