Skip to main content

Maryland Access to Justice Commission Advances Efforts for Permanent Access to Counsel in Evictions

Page 1

ACCESS TO JUSTICE COMMISSION | UPDATE

In fiscal year 2024 alone,

ACE ATTORNEYS CLOSED OVER civil legal aid groups. The event highlighted legislative priorities, such as increasing access to civil legal aid and strengthening tenant protections, but also covered a broad swath of legal issues that are harmful to vulnerable Marylanders, including tax sales, expungements, consumer debt, immigration and more. By coordinating advocacy and strategic communications efforts, A2JC and PILC aim to build momentum and ensure alignment on key legislative goals, including the permanent funding of ACE.

Maryland Access to Justice Commission Advances Efforts for Permanent Access to Counsel in Evictions Funding THE MARYLAND ACCESS TO JUSTICE COMMISSION (A2JC) remains

BY REENA SHAH, ESQ.

a critical advocate for ensuring access to legal representation in eviction cases, with a focus on securing permanent funding for the Access to Counsel in Evictions (ACE) program. This program, established in 2021, provides income-eligible Marylanders with the right to legal representation during eviction proceedings. Since its inception, ACE has proven to reduce eviction rates, save the state money, and address inequities in the justice system.

Broad Engagement Across the Legal Community A2JC has worked tirelessly to engage stakeholders and amplify its advocacy efforts. On January 13, the Public Interest Law Committee (PILC) hosted its 2nd Annual Legislative Preview, drawing over 85 attendees and representatives from 15 organizations, including the Office of the Public Defender, the Office of the Attorney General and numerous 18

MSBA.ORG | VOLUME 6 ISSUE 3

Legislative Priorities: Why Permanent Funding for ACE Is Critical A cornerstone of A2JC’s legislative efforts is securing permanent funding for the ACE program, as the current funding from the state’s abandoned property fund is set to sunset in 2027. Without permanent funding, the program’s success and long-term sustainability are at risk. The program’s funding challenges stem from the high volume of eviction cases in Maryland, with over 400,000 cases filed annually—one of the highest rates in the country. While the program is currently supported by $14 million annually from the abandoned property fund until 2027, an additional $6–10 million per year is required to meet the full scope of needs statewide and there needs to be ongoing investment in the program for it to continue to keep Marylanders housed. The importance of the ACE program is demonstrated by its success. In fiscal year 2024 alone, ACE attorneys closed over 9,100 cases, benefiting more than 21,000 Marylanders, including 9,100 children. The program proved to be 88% effective in preventing eviction or disruptive displacement for those tenants who wanted to

9,100

remain in their homes. A2JC Executive Director Reena Shah highlighted these points in her January 15 testimony before the Senate Budget and Taxation Committee in support of Senate Bill 154 (SB154), cross-filed with House Bill 103 (HB103). Sponsored by Senator Hettleman and Chair Guzzone, the bill seeks to lift the sunset provision on the program’s funding, ensuring consistent support for ACE’s continued implementation. Shah emphasized that ACE has been particularly effective in addressing disparities, as Black women and single mothers are disproportionately affected by evictions.

cases

BENEFITING MORE THAN

21,000 Marylanders INCLUDING

9,100 children

She also discussed how investing in ACE in a tight budget year is the right thing to do because of how the program saves the state money. For every $1 spent on the program, the state receives almost $4 in return. In just the first year, the state saved over $45M dollars because of the ACE program. If the ACE program's funding is left to expire, not only will Marylanders will lose their homes, but the state will have to pay the heavy price tag of shelter costs, medical expenses and it will see declines in educational achievement and economic prosperity. ACE Task Force: Addressing Implementation Challenges In its fifth annual report, delivered in January 2025, the Access to Counsel in Evictions Task Force, chaired by Shah at the request of Attorney General Anthony Brown, outlined several key recommendations to strengthen the program’s implementation.

Establishing a Permanent Funding Source The Task Force recommended that the Maryland General Assembly secure a permanent funding source for the ACE program by lifting the sunset on the $14 million annually provided through the state’s abandoned property fund. While this funding is critical, it is not sufficient to meet the program’s projected annual costs of $20–24 million. The Task Force also urged the legislature to provide supplemental funding to close this gap, ensuring that all income-eligible tenants across Maryland can access the representation they need. Standardizing Implementation Across Courts The Task Force emphasized the importance of consistent implementation of the ACE law in courts statewide. Currently, tenants' experiences under the ACE program can vary depending on their location,

MARYLAND BAR JOURNAL | VOLUME 6 ISSUE 3

19