PHOENIX — Noelle Lewis is one of thousands of people across Maricopa County who faced eviction in 2023. When she got the eviction notice, it was after her rent had increased to more than what she could pay.
"I was given, like, numbers to call and different programs," Lewis said. "But it seemed like my emergency wasn't necessarily their urgency, because I can imagine how many other people may have needed that same assistance."
While nearly all landlords are represented by legal counsel at eviction hearings, according to the William E. Morris Institute for Justice, less than one percent of tenants are represented. Now, the City of Phoenix is discussing ways to help more tenants have representation by funding a program permanently.
Evicted
Lewis said she got a note on her door about the eviction process starting in November 2023.
"At that time, my lease had just gone up," Lewis said. "So it went up month to month, so it did increase, and once it increased it was you know, even more than, you know, what I was able to pay at that time within that window."
And Lewis isn't alone. Last year, Maricopa County saw the most eviction filings in a year since 2005.
Her experience with the eviction process is what led to Lewis speaking in front of Phoenix City Council's Economic Development and Housing Subcommittee Wednesday.
"I would love for us to get into our heart space and really push for a right to counsel because we're all human and this is a part of our rights," Lewis said.
A case for counsel
Phoenix has used $3.6 million of federal funding since July 2020 to create the Tenants Eviction Assistance Project with Community Legal Services.
The program allows residents making at or below 200% of the federal poverty level, which is just above $30,000 for a single-person household, to have legal representation at eviction hearings.
Phoenix Deputy Human Services Director Susan Hallett said in the last half of 2023, they were able to stop eviction in 31 cases, and in 17 other cases, go to trial and win.
In addition to other positive outcomes Phoenix has seen, Hallett said there are broader impacts that other cities with permanent right-to-counsel programs have seen too.
"Right-to-counsel policies have also lessened the community costs associated with job loss, physical and mental health issues, (and) increased shelter in emergency housing," Hallett said.
As an example of savings, city staff looked to Philadelphia, which has had right to counsel since February 2022 in select zip codes.
"This resulted in a $3.5 million investment saving their community over $45 million, " Hallett said.
Funding questions
But the question still remains: How can the program could be funded permanently?
Phoenix is projected to have an $80 million surplus this coming fiscal year. However, shortfalls are anticipated in the following two years.
All three council members asked staff to look at options.
"I would like to see us explore what other opportunities are available, both governmental, as well as the private sector," Councilmember for District 6 Kevin Robinson said.
Councilmember Kesha Hodge Washington for District 8 also said she'd like staff to look into what it would take to have the program expanded beyond the income level the TEAP program currently serves.
"It is one of the tools that the city can use to help address the homeless crisis and ensure we don't continue to increase that number," Hodge Washington said.
But advocates are calling for action now.
"They're saving $80 million for a rainy day, but unfortunately, it's raining today for a lot of our people," Sebastian Del Portillo Estrada, campaign manager with Take Back Our Homes Campaign, said.
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