The High Cost of Eviction: Struggling to Contain a Growing Social Problem

By
Judith Fox
41 Mitchell Hamline L.J. of Pub. Pol’y and Prac. Symp. 167 (2020)

Evicted: Poverty and Profit in the American City, Matthew Desmond’s Pulitzer Prize winning book, in a remarkable way, focused public attention on the issue of eviction. As important as the book has been—and it has been quite important—Desmond’s tales were not new to those of us who have been working with low-income tenants for years. In fact, my favorite part of the book was the way in which it made me feel as if I were sharing what I have been observing for years, but what is hidden from most of the people I interact with daily. The symposium—Eviction, Poverty and other Collateral Consequences—sponsored by the Dispute Resolution Institute at Mitchell Hamline School of Law was a similar experience. It was a rare opportunity for academics, policymakers, and those who directly serve impoverished populations most impacted by eviction to meet and discuss this crucial issue. The stories shared at this event were very similar to those Matthew Desmond provided in his book. They are, unfortunately, universal.

Desmond, unlike many scholars, did not simply sit on his laurels after publishing his groundbreaking book. Instead, he has used his moment of fame to try to make a difference. In 2018, he created the Eviction Lab, the first “nationwide database of evictions.” This, even more so than the book, was eye-opening. For the first time, there is a source for eviction statistics nationally. For many, including myself, the number of evictions occurring in their community was shocking. South Bend, Indiana, ranked eighteenth in evictions nationally. Two other Indiana cities, Fort Wayne and Indianapolis, ranked even higher. Community leaders took note and became equally concerned and began to ask why the numbers were so high. Desmond was even invited to town to speak on this issue. These conversations are being repeated across the nation, and this symposium was one such example. It was an opportunity to discuss the problem of eviction and, more importantly, possible solutions, especially those involving alternative dispute resolution. This paper attempts to dig deeper into the reasons behind the eviction numbers and to offer possible policy changes to help address this national crisis.

Part one of the paper examines some of the suggested causes of our current, high eviction numbers. Part two explores one alternative dispute intervention: building coalitions with stakeholders to address deplorable rental conditions. Part three addresses a topic that was central to the symposium: the role of courts in the eviction crisis. Finally, in part four, I offer some policy interventions that may make an impact on this crisis.