Volume 41, Issue 3
May 2020
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An Intentional Conversation about ADR Interventions: Eviction, Poverty and Other Collateral Consequences
The Dispute Resolution Institute (DRI) held its biennial symposium, An Intentional Conversation About ADR Interventions: Eviction, Poverty and Other Collateral Consequences at Mitchell Hamline School of Law (MHSL) from October 10 through 12, 2019. It is DRI’s tradition to design the symposia as “intentional conversations” about particular topics. This means that all participants attend by…
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Minnesota Evictions: Where Do We Go from Here
Eviction is “a summary court proceeding to remove a tenant or occupant from or otherwise recover possession of real property by the process of law.” Minnesota eviction law is governed by Minnesota Statutes Chapter 504B which was adopted in 1999. Specifically, Chapter 504B.281 through 504B.371 deal with the eviction process, the execution process, and the…
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Not with Strong Hands, nor with a Multitude of People: The Statutory History of the Eviction Procedure in Minnesota
Minnesota became a territory on March 3, 1849, and Minnesota’s first territorial laws were established in 1851. Eviction actions, then called Unlawful Detainer actions, were covered primarily in Chapter 87 of these territorial laws, which began: No person or persons shall hereafter make an entry into lands, tenements, or other possessions, but in cases where…
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A Framework for Effective and Strategic Eviction Prevention
Eviction prevention can reduce health, education, employment, and economic risks that affect residents of every county in the United States and disproportionately harm Black and Latinx mothers and children. Evictions, however, have long sat on the sidelines of housing policy. Decades of federal, state, and local housing policy have expressed goals related to public health,…
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Justice Served, Housing Preserved: The Ramsey County Housing Court Model
In July 2018, a new Housing Clinic launched at the Ramsey County Courthouse. It had been a year in the making. The goal was a bold one: to reduce evictions by fifty percent in five years. The idea sprung from a chief district court judge and group of community partners who were able to identify…
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Eviction Mediation: An Intentional Conversation Followed by Five More
Noam: … I guess that’s it. I’ll see you next week! Sharon: Are you excited? Noam: You know I’m always excited when I pack for a visit to DRI. Specifically, for this symposium, I have mixed emotions, but I’m always excited to explore a new category of situations where ADR can be helpful. It creates…
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Disrupting the Eviction Crisis with Conflict Resolution Strategies
Our nation faces a serious eviction epidemic. More than 2.3 million eviction actions are filed every year. That equates to about four per minute. The eviction crisis is a multi-faceted problem that will require a systemic, interdisciplinary approach. Studies have found “a complex combination of financial, social, relational and health factors contributes to the inability…
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The High Cost of Eviction: Struggling to Contain a Growing Social Problem
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.…
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“Everybody Loves the Landlord”: Evictions & the Coming Prevention Revolution
In the 1960’s and early 70’s, landlord-tenant law experienced a legal revolution. Tenants secured procedural rights and substantive rights they had never before been able to assert in landlord-tenant proceedings. This development resulted in major changes in how landlord-tenant cases were litigated and many jurisdictions across the country embraced developments in other state courts by…
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A Home Is a Good Thing: An Argument for Changing the Eviction Process
Stable housing is a good thing, and the loss of stable housing carries significant and well-documented consequences both for the individual and for society. Unstable housing makes regular medical care, access to medical treatment and adherence to complex treatment regimens more difficult. Housing stability concerns are linked to high levels of stress and mental health…
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Mediating Disputes That Divide Communities: What Constitutes “Success”?
Some events trigger intense divisions within a community. Examples include controversies involving police practices, school shootings, immigration policies, political speakers at a university campus, or situations unmasked by the #MeToo movement. There is a resurgent interest in using “third-party interveners” such as mediators and facilitators to help community leaders and citizens address such matters. If…