The American Bar Association passed the “ABA Ten Guidelines for Residential Eviction Laws” resolution on Monday, February 14.
In recognition that evictions are “high stakes legal matters” and “a core racial justice issue,” the Resolution "urges all federal, state, local, territorial, and tribal legislative, and other governmental bodies to implement the ABA Ten Guidelines for Residential Eviction Laws." Resolutions reflect the formal policy of the American Bar Association.
Notably, the Guidelines emphasize limiting lease termination to good cause, urge pre-litigation diversion programs focused on maintaining housing stability, call for full, quality representation by an attorney for tenants facing evictions, and support rigorous court case-sealing practices. In the Report that accompanied the resolution, the ABA recognized that “residential evictions are high-stakes legal matters" and that "eviction itself is a core racial justice issue."
The list of ten Guidelines is below. Please see the Resolution and Report for more detail.
ABA Ten Guidelines for Residential Eviction Laws
- Tenants should receive reasonable notice and an opportunity to cure before facing eviction for a lease violation.
- An eviction court should have emergency procedures for tenants who are locked out or otherwise extrajudicially evicted from their homes.
- No tenant should be evicted without a meaningful opportunity to present proofs and arguments in a hearing and before a trained judicial officer that has the authority to consider any legal or equitable defense.
- A tenant should have an adequate opportunity to prepare for an eviction hearing, including by conducting civil discovery.
- Courts should require landlords and tenants to participate in pre-litigation diversion programs focused on maintaining housing stability.
- No tenant should face eviction without access to full, quality representation by an attorney.
- A tenant facing eviction for nonpayment of rent should have the right to redeem the tenancy by paying off a judgment at any time before an eviction judgment.
- A tenant should have the right to appeal an eviction judgment and without unreasonable bond requirements.
- Lease termination, including non-renewal, should be limited to circumstances where good cause exists.
- A court that hears eviction cases should automatically seal the names of defendants before a final judgment and in dismissed cases, and courts should have practical procedures for sealing or otherwise protecting the privacy of defendants where other good cause exists.
The National Housing Law Project is dedicated to advancing housing justice for poor people and communities. NHLP achieves this by strengthening and enforcing the rights of tenants, increasing housing opportunities for underserved communities, and preserving and expanding the nation’s supply of safe and affordable homes.
(source: National Housing Law Project 2/16/2022 Newsletter)