Stout’s Independent Evaluation of the Eviction Right to Counsel Pilot Program in Davidson County
Final Report for the Period July 1, 2022 through May 31, 2024
Report Date: February 6, 2025
Executive Summary
The Metropolitan Government of Nashville and Davidson County awarded funding to Legal Aid Society of Middle Tennessee and the Cumberlands (Legal Aid) and Conexión Américas, as fiscal agent, to establish an Eviction Right to Counsel (ERTC) program through various partnerships. Legal Aid and Conexión Américas have leveraged the funding to provide legal representation and legal assistance as well as community outreach and education in Davidson County. Throughout the pilot phase of ERTC, Legal Aid and the Nashville Hispanic Bar Association (Hispanic Bar), as the lead legal services organizations, have worked in partnership with several other nonprofits, including Conexión Américas, the American Muslim Advisory Council (AMAC), the Nashville Conflict Resolution Center (NCRC), and the People’s Alliance for Transportation, Housing, and Employment (PATHE), to provide a comprehensive approach to eviction defense.
Since the launch of ERTC in July 2022:
Legal Aid and Hispanic Bar have assisted clients in achieving approximately 95% of their case goals.
o When the client had the goal to “prevent eviction judgment or involuntary move,” Legal Aid and Hispanic Bar assisted clients in achieving this goal in 95% of cases accepted for extended representation.1
o Approximately 95% of all ERTC clients had the above goal recorded during the intake process.
Stout preliminarily estimates that for every dollar spent on ERTC to date, Davidson County has likely realized at least $2.50 in public fiscal impacts as a result of ERTC. From July 2022 through May 2024, Legal Aid and Hispanic Bar spent approximately $2.2 million providing legal assistance and legal representation through ERTC for Davidson County residents.
Legal Aid and Hispanic Bar calculated a total direct financial impact for ERTC clients separate from Stout’s estimate of approximately $5.7 million since the launch of ERTC, which translates to $2.60 in direct financial impact for ERTC clients for every dollar spent on ERTC.
1 Approximately 43% of ERTC clients assisted from July 2022 through May 2024 received extended services, approximately 43% received counsel and advice, and approximately 14% received limited action.
o As a result of assistance received through ERTC, clients may be able to reduce the amount of back rent or fees owed, secure or maintain subsidized and/or affordable housing, or secure emergency rental assistance. Legal Aid and Hispanic Bar calculate these financial impacts for each client, when applicable. These direct financial impacts are separate and distinct from the public fiscal and economic benefits estimated by Stout.
Taken together, Stout estimates that ERTC generated a total financial return of $5.10 for every dollar invested. Approximately $2.50 of this return is fiscal impact that could be directly realized by Davidson County. An additional estimated $2.60 is financial impact generated by ERTC and realized by its clients.
Approximately 83% of ERTC clients identified as non-white.
Approximately 57% of ERTC clients were working at the time of ERTC intervention. Clients who indicated they were not currently working were more likely to indicate they have a disability (44%) compared to clients who were currently working (21%).
Approximately 74% of ERTC clients have household incomes at or below 200% of the Federal Poverty Guidelines (FPL).2
o To be eligible for ERTC, a Davidson County tenant must have household income at or below 400% of the FPL.
Approximately 91% of ERTC clients were experiencing an eviction filing for nonpayment of rent.
Among ERTC clients who owed back rent, approximately 37% of ERTC clients owed 1 month or less of back rent, and approximately 76% of ERTC clients owed 2 months or less of back rent.
Approximately 60% of ERTC clients who owed back rent indicated they could pay some or all the back rent owed.
ERTC staff distributed more than 70,000 outreach materials across Davidson County as part of its education campaign.
ERTC staff convened or attended more than 360 community outreach events.
Stout estimates that sustainably implementing ERTC in Davidson County could cost approximately $9.3 million annually. The cost estimate includes personnel costs for hiring staff and costs for facilities, technology, equipment, training, outreach, and other costs necessary to provide legal representation under an eviction right to counsel program. At full, sustainable implementation Stout estimates 4,468 tenant households would be fully assisted by legal counsel annually, which is approximately 33% of tenants with an eviction filing.
1 Based on the 2024 Federal Poverty Guidelines, a household of 4 at 200% of the FPL has a household income of $62,400.
Stout also estimates that sustainable implementation of ERTC in Davidson County could create potential fiscal impacts of approximately between $33.4 million and $43.9 million annually for Davidson County. Based on the $9.3 million estimated annual cost of a sustainable ERTC, for every $1 invested, Davidson County could realize between $3.29 and $4.42 in fiscal benefits. This estimate does not include the potential financial impact realized directly by tenants. The estimated return on investment range for a fully implemented sustainable ERTC is higher than the $2.50 estimated return on investment for ERTC from July 1, 2022 through May 31, 2024 provided earlier due to a lower estimated cost per case if ERTC were sustainably fully implemented. That is, Stout estimates that a fully implemented sustainable ERTC in Davidson County would likely experience program efficiencies that would result in a lower cost per case.
Preliminary Analysis of ERTC Client Goals, Goals Achieved, and Financial Impact
ClientGoalsandGoalsAchieved
During the intake process, Legal Aid and Hispanic Bar staff ask clients what their goals are for their case. Generally, only clients who receive extensive services complete the full intake/interview process and have stated goals recorded. For extended service cases opened between February 2023 and May 2024 (the period of expanded data collection, which includes data collection related to goals), Legal Aid and Hispanic Bar assisted clients in achieving approximately 95% of their case goals.
The 3 most common goals and the frequency of the goal being achieved among extended service cases are shown below.
Client Goal
Approximately 38% of clients had multiple goals for their case. Approximately 98% of clients who communicated multiple goals for their case included “prevent eviction judgement or involuntary move” as one of their goals. Between February 2023 and May 2024, the proportion of closed cases by the number of goals was:
FinancialImpactDataCollectedbyLegalAidandHispanicBar
As a result of assistance received through ERTC, clients may be able to reduce the amount of back rent or fees owed, secure or maintain affordable or subsidized housing, secure emergency rental assistance, or have their rent adjusted (for clients living in subsidized housing or who have a subsidy/voucher). In these situations, Legal Aid and Hispanic Bar record the estimated financial impact of their services to the client. For example, if a landlord files suit seeking $4,000 in unpaid rent and court costs, and an ERTC attorney gets the amount reduced to $1,000 at trial, Legal Aid and Hispanic Bar record a $3,000 financial impact of their services for the case. Based on financial impact data calculated by Legal Aid and Hispanic Bar, the average financial impact to an ERTC client (who had a financial impact) was approximately $9,700, and the median financial impact was approximately $7,700. Approximately 26% of clients living in private market housing and approximately 68% of clients living in public housing had financial impacts of $10,000 or more. From July 2022 (when data collection for financial impacts began) through May 2024, the total direct financial impact to ERTC clients was approximately $5.7 million.3
From July 2022 through May 2024, Legal Aid and Hispanic Bar spent approximately $2.2 million providing legal assistance and legal representation through ERTC for Davidson County residents.4 Thus, every dollar spent on the ERTC program yielded approximately $2.60 in direct financial impacts for clients.
The table below shows the distribution of financial impacts (by quartile5) for ERTC clients who had their cases closed between July 2022 and May 2024.6 Figure 1 shows the distribution of financial impacts for all ERTC clients. Figures 2-4 show the distribution of financial impacts for ERTC clients living in private market housing, public housing, and subsidized housing, respectively.
1st Quartile
2nd Quartile (median)
3rd Quartile
4th Quartile (maximum)
$2,414
$7,671
$13,722
$116,229
3 The financial impact to ERTC clients was calculated by Legal Aid and Hispanic Bar. Stout did not independently evaluate the methodology Legal Aid and Hispanic Bar developed and currently deploy to quantify the financial impact to ERTC clients.
4 This figure is based on invoices sent by Legal Aid and Hispanic Bar to oversight bodies.
5 A quartile is a statistical term that describes the division of data into 4 intervals based on how they compare to the entire dataset. For example, the first quartile, or 25th percentile, is the value at which 75% of the values are greater than that value and 25% of the values are less than that value.
6 Legal Aid and Hispanic Bar have collected financial impact data since the inception of ERTC.
The higher dollar amounts of financial impact are generally related to Legal Aid and Hispanic Bar: (1) assisting tenants in avoiding a subsidy termination and (2) assisting tenants with securing rent assistance funds. Legal Aid and Hispanic Bar estimate the financial impact of their services in subsidy termination cases by calculating the difference between fair market rent and subsidized rent for a 1-year tenancy term. Legal Aid and Hispanic Bar record the financial impact of their services in circumstances where they are able to secure rent assistance funds for clients as the total amount of funds secured. The financial impact data skews toward the higher amounts because Legal Aid prioritizes cases in subsidized housing when resources were limited. Furthermore, the financial impact data skews toward higher amounts in the first year of the pilot due to the wider availability of rent assistance funds and the higher amounts of back rent owed by tenants during the height of the pandemic and closer to the launch of ERTC. Rental assistance has not been widely available in Davidson County since late summer 2023.
Key Descriptive Metrics for ERTC Clients
The following descriptive metrics are for all ERTC clients (regardless of the extensiveness of services provided based on the client circumstances) who interacted with Legal Aid and Hispanic Bar. These metrics are limited to ERTC clients (tenants who were facing eviction and sought legal assistance) and may not necessarily apply to all eviction filings in Davidson County.
ClientsAssistedandLevelofService
From July 2022 through May 2024, Legal Aid and Hispanic Bar assisted 2,919 Davidson County residents with their eviction cases.7 Approximately 43% of ERTC clients assisted from July 2022 through May 2024 received extended services, approximately 43% received counsel and advice, and approximately 14% received limited action (Figure 5).8
The level of service provided is determined based on assessment of client circumstances and need. ERTC prioritizes providing extended services to the following case categories: illegal lockouts and utility shutoffs, evictions from public or subsidized housing, voucher terminations, discrimination, and assistance to tenants experiencing domestic violence. ERTC generally has sufficient capacity to provide extended services to all eligible tenants
7 ERTC’s contracts were executed in October 2022 but the effective date was July 1, 2022. Legal Aid and Hispanic Bar were fully staffed as of November 2022. Between July and October 2022, preexisting Legal Aid staff handled ongoing housing cases using ERTC funding. In November 2022, Hispanic Bar began accepting cases, and the number of clients assisted by Legal Aid increased as new staff were onboarded.
8 Extended service cases involve longer-term assistance, such as representation in court. Counsel and advice is legal advice provided to clients (often via phone call or e-mail), such as explaining how to request repairs in writing, what may happen if a default judgment is entered against them, or how to negotiate with the rental property owner to pay-and-stay. Limited action includes situations where an attorney took action on behalf of a client to address their legal problem, but the legal problem was not so complex as to require extended service. Examples of limited action are communications by letter or phone to a third party on the client’s behalf, preparing a simple legal document, or assisting a client in preparing a legal document.
with the previously mentioned case or household characteristics. Second priority cases include evictions from private market housing that involve repairs issues and or are for reasons other than unpaid rent. ERTC frequently, though not universally, is able to provide extended services to second priority cases. Remaining cases are screened and provided representation based on capacity and client need.
Approximately 73% of clients who lived in public housing and approximately 43% of clients who lived in federally subsidized housing received extended services compared to approximately 27% of clients who lived in private market housing. This difference can be attributed in part to Legal Aid and Hispanic Bar prioritizing clients in public and subsidized housing due to capacity constraints.
Of cases opened from July through December 2022 (the period during which ERTC was operating with greatest capacity constraints9), where the client received extended services, approximately 65% of clients lived in public housing, approximately 24% of clients lived in private market housing, and approximately 11% of clients lived in federally subsidized housing.
Of cases opened from January 2023 through May 2024 (the period during which ERTC was operating with increased capacity), where the client received extended services, approximately 45% lived in private market housing, approximately 41% lived in public housing, and approximately 14% lived in federally subsidized housing. Even once ERTC had capacity to accept more clients in 2023, clients who received extended services were more likely to live in public or subsidized housing than private market housing.
Clients who lived in public or federally subsidized housing often face more complex issues such as subsidy termination, issues with rent recertifications, and issues with property management (approximately 66% of clients living in public or federally subsidized housing had issues with property management compared to approximately 45% of clients who lived private market housing) that can require more extensive legal services.
9 See footnote 7. ERTC was not fully staffed until late 2022.
ClientRace/Ethnicity
Figure 6 shows the race/ethnicities of ERTC clients. Approximately 66% of clients identified as Black/African American, approximately 17% identified as White, approximately 12% identified as Hispanic, approximately 3% identified as Other, and less than 1% identified as Asian, Multi-racial, or Native American Indian (individually). Approximately 56% of Davidson County residents identify as White, approximately 25% identify as Black/African American, approximately 11% identify as Hispanic, approximately 4% identify as Asian, approximately 4% identify as Multi-racial, and less than 1% identify as Other, Native American, or Pacific Islander (individually).10
Of Davidson County households with incomes below 50% of the FPL, approximately 37% identify as White, approximately 27% identify as Black/African American, approximately 16% identify as Hispanic, approximately 10% identify as an Other race/ethnicity, approximately 8% identify as Multi-racial, and approximately 1% identify as Asian. Of Davidson County households with incomes between 50% and 100% of FPL, approximately 29% identify as White, approximately 19% identify as Black/African American, approximately 15% identify as Hispanic, approximately 9% identify as an Other race/ethnicity, approximately 27% identify as Multi-racial, and approximately 1% identify as Asian.11
Pursuant to its mission to support Nashville’s immigrant population, Hispanic Bar served clients from 25 different countries. Data from the United States Census Bureau indicates approximately 11% of Davidson County residents identify as Hispanic12 while 37% of Hispanic Bar’s ERTC clients identified as Hispanic.
10 United States Census Bureau. Population Estimates. 2023.
11 United States Census Bureau. American Community Survey. S1703. 2023.
12 United States Census Bureau. Population Estimates. 2023.
ClientEmploymentStatus
As shown in Figure 7, approximately 57% of ERTC clients indicated they were currently working. ERTC clients living in public or subsidized housing were significantly less likely to be currently working (35%) compared to ERTC clients living in private market housing (65%). Clients who indicated they were not currently working were more likely to indicate they have a disability (44%) compared to clients who were currently working (21%). When asked the reason for non-payment of rent, approximately 38% of clients who were behind on rent indicated that they had lost their job or had their work hours reduced.
ClientHouseholdIncomeandFederalPovertyLevel(FPL)
As shown in Figure 8, approximately 27% of clients had household incomes at or below 100% of the FPL. Approximately 56% of clients with household incomes at or below 100% of the FPL had at least one child in the household. Approximately 44% of clients with household incomes at or below 100% of the FPL indicated they had a disability, compared to approximately 23% of clients with household incomes greater than 100% of the FPL. Additionally, approximately 53% of clients with household incomes at or below 100% of the FPL were not currently working, compared to 21% of clients with household incomes greater than 100% of the FPL.
MonthsofBackRentOwed
Among clients who owed back rent, approximately 37% owed 1 month or less of rent, and approximately 76% owed 2 months or less of rent (Figure 9).
Clients were behind on their rent by a median of 2 months and an average of 2.2 months. Clients who owed 6 or more months of rent typically lived in public housing. The 3 most common reasons stated for not paying rent were job loss/reduced hours (38%), unexpected expenses (24%), and withholding rent due to defective conditions (8%).13 The distribution of responses to why clients did not pay rent varied by months of back rent owed. Clients who owed more than 1 month of back rent cited job loss (39%) more frequently and cited unexpected expense (20%) and withholding rent due to defective conditions (7%) less frequently as reasons for not paying rent compared to clients who owed less than 1 month of back rent (30% cited job loss, 29% cited an unexpected expense, and 15% withheld rent due to defective conditions).
Stout did not observe any meaningful difference in client goal achievement rates based on the number of months of back rent owed or the client’s ability to pay toward the back rent owed.
Clients’AbilitytoPayTowardtheAmountofBackRentOwed
Approximately 60% of clients indicated that they could pay toward the amount of back rent owed – approximately 40% of clients indicated that they could pay a portion of the back rent owed, and approximately 20% indicated that they could pay all the back rent owed. Approximately 40% of clients indicated that they could not pay anything toward the amount of back rent owed. Figure 10 shows these metrics.
13 Clients can state more than one reason for non-payment of rent.
10
Clients who indicated that they could pay all the back rent owed an average of approximately 1.7 months of rent. Clients who indicated that they could pay a portion of the back rent owed an average of approximately 2 months of rent. Clients who indicated that they could not pay anything toward the amount of back rent owed an average of approximately 2.6 months of rent. Of clients who owed back rent, approximately 44% indicated that they have a plan to catch up on their rent.
The Estimated Cost to Fully Implement ERTC in Davidson County
Stout worked with Legal Aid and Hispanic Bar to estimate the cost to fully implement ERTC in Davidson County. Stout estimates the cost to fully and sustainably implement ERTC in Davidson County is approximately $9.3 million annually. The cost estimate includes personnel costs for hiring staff attorneys, supervising attorneys, paralegals / intake specialists, and social workers. The cost estimate also includes costs for facilities, technology, equipment, training, outreach, and other costs necessary to provide legal representation under an eviction right to counsel program. The list below shows the staffing required and estimates of other select metrics at full, sustainable implementation of ERTC.
30 staff attorneys
8 supervising attorneys
10 paralegals
10 social workers
8 intake specialists
6 program administration staff
2 project directors
2 designated outreach staff
1 project manager
4,468 tenant households fully assisted by legal counsel annually
An estimated $2,078 cost per case
Legal Aid and Hispanic Bar estimated that approximately 70% of ERTC cases would require extended services at an estimated 12 hours per case, and approximately 30% of ERTC cases would have case characteristics where counsel and advice would be the most appropriate level of service at an estimated 1 hour per case. These estimates result in a weighted average of approximately 9 hours per ERTC case.
The estimated cost per case of $2,078 within the range of estimated costs per case Stout has observed in other jurisdictions, although it is toward the higher end of the range. Factors contributing to the marginally higher estimated cost per case for ERTC include but are not limited to: (1) an income eligibility of 400% of FPL; (2) a concerted effort to increase community outreach and build community partnerships, which can increase the cost of ERTC but not necessarily the number of cases where services are provided; and (3) incorporating non-attorney staff such as social workers due to the paucity of other community resources available for tenants who are navigating circumstances connected with or tangential to their eviction.
Directional Estimates of ERTC Public Fiscal Impacts
The impacts and costs of eviction to states, cities, counties, and municipalities are significant and multi-dimensional. Substantial reporting has documented the negative impact that evictions have on individuals, families, and communities. While many of these impacts are not yet quantifiable, clear fiscal impacts or economic costs of eviction exist. This section details directional estimates of the fiscal impact that ERTC is having on publicly funded social safety net systems in Davidson County. These directional estimates of fiscal impact provide insight into how representation in eviction cases could mitigate these costs or assist in redirecting the funds to other efforts undertaken by the Metropolitan Council. It is important to note that these estimated public fiscal impacts are directional and based on data that is currently available.
Stout relied on ERTC client interview data from Legal Aid and Hispanic Bar to develop these estimates. Client circumstances and case characteristics often vary. Because of this variation, not all interview questions are applicable to all ERTC clients and, therefore, are not asked to all clients. While the goal is to ask all ERTC clients all questions applicable to their circumstance and case, ERTC staff exercise discretion during the interview process. There may be interview questions not asked based on a client’s circumstances, comfort level with certain topics, and/or having to recount traumatic experiences. A primary data element for Stout’s directional fiscal impact calculations is how clients answered the interview question, “If you have to move, where could your household stay?” Answers to this question inform the degree to which clients would need assistance from publicly funded social safety net systems in Davidson County and the likelihood of other fiscal impacts.
Stout used the percentage of ERTC clients for whom Legal Aid and Hispanic Bar were able to achieve their goals (for the 3 most frequently cited goals) as the basis for the percentage of clients who likely avoided disruptive displacement because of ERTC. Using this data, Stout estimates Legal Aid and Hispanic Bar assisted in avoiding disruptive displacement for approximately 95% of ERTC clients. Stout uses the phrase “disruptive displacement” to capture outcomes of cases beyond “winning” and “losing.” For example, there may be circumstances where tenants did not have a formal eviction order issued against them and, therefore, were not displaced. However, they have still experienced disruption in their lives because of the landlord-tenant filing, such as entering a negotiated settlement with unrealistic payment terms resulting in additional financial strain. Additionally, there may be circumstances where a tenant loses possession of their home but is granted extra time to vacate. In this situation, disruptive displacement may have been avoided because of the additional time to find alternative, suitable housing.
Stout’s estimated return on investment calculation has 2 components: (1) the number of ERTC clients who received extensive services and for whom Legal Aid and Hispanic Bar were able to achieve their goals and (2) tota l expenditures by Legal Aid and Hispanic Bar providing services (e.g., extended service, counsel and advice, and limited action). Because Legal Aid and Hispanic Bar do not know or collect data indicating the outcome or likelihood of an ERTC client who received counsel and advice or limited action of avoiding disruptive displacement (as such information is not available at the conclusion of these services), Stout is not attributing any economic or fiscal impacts to the outcomes of these cases in its return on investment calculation. Stout’s inclusion of the total expenditures by Legal Aid and Hispanic Bar on ERTC results in a conservative, programwide return on investment estimate. That is, Stout’s calculation includes all of the costs of the program, but not all of the potential fiscal impact. As such, the return on investment associated with only those cases receiving extended services would be greater than what has been calculated for the program as a whole (the fiscal impacts would be the same, but the associated costs would be less).
In June 2022, the Metropolitan Council allocated $2.6 million of American Rescue Plan Act funds to Legal Aid and Conexión Américas (which served as the fiscal agent for Hispanic Bar, American Muslim Advisory Council, Nashville Conflict Resolution Center, and People’s Alliance for Transit, Housing, and Employment) to provide legal assistance, representation, and outreach to residents in landlord-tenant proceedings. From July 2022 through May 2024, Legal Aid and Hispanic Bar spent approximately $2.2 million providing legal assistance and legal representation through ERTC for Davidson County residents.
Stout estimated that Davidson County likely realized fiscal benefits and economic activity benefits of at least approximately $5.5 million between July 2022 and May 2024,
as a result of ERTC. For every $1 spent on ERTC, Davidson County likely realized at least $2.50 in fiscal benefits.14 In its evaluations and cost-benefit analyses (pre- and postlegislation) of eviction right to counsel programs throughout the country, Stout has found the estimated dollar value of a right to counsel generally ranges from $2.76 to $4.80. The estimated quantifiable fiscal benefits in Davidson County between July 2022 and May 2024 include:
$4.1 million in housing social safety net responses
$410,000 in retained economic value by minimizing out-migration
$320,000 responding to forcible entry and vehicle theft crimes
$180,000 in additional Medicaid spending on health care
$170,000 related to increased educational attainment
$150,000 related to employment stability
$100,000 in federal and state funding retained for Davidson County Public Schools
$80,000 related to criminalizing people experiencing homelessness
Taken together, Stout estimates that ERTC is generating a total financial return of $4.56 for every dollar invested. Approximately $2.50 of this return is fiscal impact that could be directly realized by Davidson County. An additional estimated $2.06 is financial impact generated by ERTC and realized by its clients.
EstimatedHousingSocialSafetyNetResponseFiscalImpacts
While homelessness may not always be experienced immediately following an eviction, eviction remains a leading cause of homelessness. According to data from the Nashville Office of Homeless Services, there were 2,094 people experiencing homelessness in Davidson County in 2024, a decrease of approximately 2% compared to 2023.15
Stout estimates that 567 households in Davidson County avoided disruptive displacement from July 2022 through May 2024 due to ERTC. Using data collected by Legal Aid and Hispanic Bar, Stout estimates that approximately 42% of these households would have likely experienced homelessness but for ERTC.16
14 Using a proportional allocation of overall ERTC expenditures to levels of service other than extended service, the estimated return on investment for only extended services cases would be $5.81. However, it is important to appreciate the significant limitations of a proportional allocation of overall program costs to cases based on level of service, which include but are not limited to: challenges associated with understanding the time required to provide advice and counsel or limited representation, lack of detailed time records, and variation in the resources required to provide advice and counsel or limited representation.
15 Nashville-Davidson County Point in Time Count 2024. Nashville Office of Homeless Services.
16 Data from Stout’s evaluations of eviction right to counsel / access to counsel programs in Connecticut, Cleveland, Maryland, Milwaukee, and Oklahoma indicates that between 15% and 30% of clients indicated they would experience homelessness in some form if they were forced to move.
Based on publicly available data from the Nashville-Davidson County Metro Homeless Impact Division, the estimated annual cost to provide a temporary housing and social services response for these client households in Davidson County would have been approximately $12,400 per household if Legal Aid or Hispanic Bar were unable to avoid disruptive displacement for these clients.17 Applying the estimated $12,400 per household cost to the approximately 238 households who would likely would have required a temporary housing and social services response but for ERTC results in a fiscal impact of approximately $2.9 million for Davidson County.
A portion of the households that would have required a temporary housing and social services response would also likely have needed a second housing social safety net response. According to data from the Nashville-Davidson County Metro Homeless Impact Division, an estimated 38% of households that exit temporary housing return to homelessness and require additional temporary housing and social services.18 Applying the 38% metric to the 238 households that would have experienced homelessness results in 90 households experiencing homelessness a second time and requiring a subsequent housing social safety net program. At an estimated cost of $12,400 per household for housing social safety net programs, the cost of 90 households requiring a second housing social safety net program would have been approximately $1.2 million.
The total estimated fiscal impact to Davidson County related to people avoiding experiencing homelessness and requiring a housing social safety net response as a result of ERTC is approximately $4.1 million.
RetainedEconomicValuebyMinimizingOut-Migration
Based on data collected by legal services providers in jurisdictions where Stout is conducting eviction right to counsel evaluations, an estimated 3% of eviction right to counsel clients indicated that they would migrate out of the jurisdiction if they were forced to move. Using this metric and an estimated $12,000 in economic value (e.g., federal funding, state and local tax revenue, dollars spent in state and local economies) per person,19 Stout estimates that Davidson County has likely retained $410,000 in economic value from July 2022 through May 2024 as a result of ERTC.
17 Nashville Homelessness American Rescue Plan Programs by Nashville Davidson County Continuum of Care, as of April 2024.
18 Ibid.
19 Estimated by Stout using data from: (1) Aguilar, Louis. "Detroit population continues to decline, according to Census estimate." Bridge Michigan. May 2020. (2) "State and Local Expenditures." Urban Institute. 2018. Referencing State & Local Government Finance Data Query System and Data from U.S. Census Bureau, Annual Survey of State and Local Government Finances, Volume 4. 2020. (3) Present value of investments that cities and states have been willing to make to attract new residents.
EstimatedFiscalImpactsofRespondingtoForcibleEntryandVehicleTheftCrimes
Researchers have found that higher rates of eviction correspond to higher rates of vehicle theft and forced entry.20 Fewer evictions were shown to result in a decrease in “rough sleep crimes,” where the primary motivation is accessing shelter.21 Legal Aid and Hispanic Bar achieved clients’ goals in 95% of cases, resulting in 567 households avoiding disruptive displacement. Using these findings, Stout estimates that Davidson County avoided approximately 46 forcible entries and 9 vehicle thefts from July 2022 through May 2024 as a result of ERTC.
There is considerable research estimating the criminal justice cost of crime, from which dollar value impacts of crime have been developed. The most recent research indicates that the cost of a vehicle theft is approximately $3,867 ($5,700 in 2024 dollars), and the cost of a burglary is approximately $4,127 ($6,000 in 2024 dollars).22 Applying these estimated criminal justice costs of crime to the forcible entries and vehicle thefts avoided as a result of ERTC results in an estimated fiscal impact of $320,000 to Davidson County.23
EstimatedAdditionalMedicaidSpendingonHealthCare
A significant body of research has documented the connection between health and housing, and recent research has examined the connection between eviction filing rates and mortality rates.24 People experiencing homelessness, including those experiencing homelessness because of eviction or disruptive displacement, often utilize in-patient and emergency room care more frequently than people who are stably housed. Stout found in its independent evaluation of Cook County’s (Chicago) Early Resolution Program approximately 41% of clients facing eviction indicated that if they were not able
20 Falcone, Stefano. "Forcing Out, Breaking In: Do Evictions Increase Crime?" July 2022. See also Semenza, D. C., Stansfield, R., Grosholz, J. M., & Link, N. W. “Eviction and Crime: A Neighborhood Analysis in Philadelphia.” Crime & Delinquency. August 2022.
21 Ibid. See Table B.1.
22 McCollister KE, French MT, Fang H. The Cost of Crime to Society: New Crime-Specific Estimates for Policy and Program Evaluation. Drug Alcohol Depend. April 2010. Stout used the Bureau of Labor Statistics Consumer Price Index Inflation Calculator to adjust the dollar amounts to 2024 dollars. https://data.bls.gov/cgi-bin/cpicalc.pl.
23 Current research only calculates the cost of burglary. For a crime to be considered a burglary, there must be forcible entry. Federal Bureau of Investigation. Uniform Crime Report, Burglary.
24 Rao, Shreya et al. “Association of US County-Level Eviction Rates and All-Cause Mortality.” National Library of Medicine. November 2022. The researchers analyzed 2016 eviction data for nearly 700 counties and found that eviction rates were significantly associated with all-cause mortality with the strongest associations observed in counties with the highest proportion of Black and female residents. All-cause mortality increased by approximately 9 deaths per 100,000 residents for every 1% increase in eviction rates.
to effectively resolve their case, they would likely experience increased stress and health concerns.
Of the estimated 1,302 individuals who avoided disruptive displacement from July 2022 through May 2024, approximately 44% indicated they would experience homelessness in some form.25 This results in approximately 573 individuals experiencing homelessness in some form in Davidson County but for ERTC. Using utilization rates of in-patient and emergency room care for people experiencing homelessness, average cost data, Medicaid enrollment, and the estimated portion of Medicaid funded by Davidson County, Stout estimates that Davidson County realized approximately $180,000 in fiscal benefits related to decreased Medicaid spending as a result of ERTC.
EstimatedFiscalImpactsRelatedtoIncreasedEducationalAttainment
School-aged children who experience homelessness face significant mental and physical health challenges that prevent students from focusing on their education.26 These challenges can result in students experiencing homelessness becoming chronically absent from school.27 After just one year of chronic absenteeism, students are significantly less likely to complete high school.28
Research has demonstrated that not completing high school has a significant impact on an individual’s future income.29 Additionally, a relationship between higher levels of education and lower likelihood of welfare program utilization has been identified.30 Graduation from high school and college have been shown to significantly decrease the likelihood of the future need for cash and housing assistance,31 applying for and utilizing Supplemental Nutrition Assistance Program benefits,32 and being enrolled in Medicaid.33
Based on data collected by Legal Aid and Hispanic Bar and statistics from the National Center for Education Statistics and the National Center for Homeless Education, Stout
25 This includes individuals who would have stayed in a hotel or motel following disruptive displacement.
26 Bishop, Joseph. “Our Children Can’t Wait: The Urgency of Reinventing Education Policy in America.” December 2023.
27 "Chronic Absenteeism Among Students Experiencing Homelessness in America." National Center for Homeless Education. 2022.
28 "Research Brief: Chronic Absenteeism." University of Utah, Utah Education Policy Center. 2012.
29 Tamborini, et al. "Education and Lifetime Earnings in the United States." Demography. 2016.
30 Cliff, Aiden. “The Relationship Between Education and Welfare Dependency.” The Brown Journal of Philosophy, Politics & Economics.
31 Waldfogel, J, et al. “Public Assistance Programs: How Much Could be Saved with Improved Education?” Working Paper for Education Symposium, Teacher’s College, Columbia University. 2005.
32 Rank, M and Hirschl, T. “The Likelihood of Using Food Stamps During the Adult Years.” Journal of Nutrition and Behavior. 2005.
33 Muennig, P. “Health Returns to Educational Interventions.” Columbia University. 2005.
estimates that approximately 20 high-school aged children likely would not have completed high school due to disruptive displacement.
Stout estimated that increased educational attainment due to ERTC increasing housing stability results in approximately $9,000 less in social safety net spending per child who would have failed to graduate high school.34 Applying this to the 20 children who likely would have not completed high school but for ERTC results in $170,000 in social safety fiscal impacts in Davidson County annually.
The impact of experiencing housing instability has an impact on children beyond educational outcomes. The experiences of children who are living in unstable housing, as characterized by high housing costs, poor housing quality, unstable neighborhoods, overcrowding, and experiencing homelessness, can result in children having adverse childhood experiences (ACEs).35 Housing instability is often associated with having anxiety and depression throughout childhood and adulthood.36 Research indicates that children between the ages of 3 and 5 who experience housing instability have worse neurological outcomes and developmental delays compared to their stably housed peers.37
EstimatedFiscalImpactsRelatedtoEmploymentStability
Research has demonstrated the impact of eviction on employment stability, particularly the increased likelihood of a person experiencing job loss after being evicted. Using this research, Stout estimated approximately 15% of ERTC clients would have likely experienced job loss because of disruptive displacement caused by eviction.38 Applying this to the 567 households that avoided disruptive displacement results in 86 households that would have likely experienced job loss but for ERTC. When the head a of household experiences job loss and no or reduced income, they could become eligible for social safety net.
Stout estimated that the average low-income household whose head-of-household experiences unemployment due to disprutve displacement receives approximately
34 Stout estimated per household social safety net benefits expenditures for individuals who do not complete high school in Tennessee using per household state and federal welfare expenditures by level of educational attainment.
35 “Homelessness and Adverse Childhood Experiences: The Health and Behavioral Consequences of Childhood Trauma.” National Healthcare for the Homeless Council. February 2019.
36 Keen, Ryan et al. “Prospective Associations of Childhood Anxiety and Depression Symptoms During Childhood and Adulthood.” Journal of the American Medical Association. June 2023.
37 DeCandia, Carmela et al. “Evolving our Understanding: Housing Instability as an ACE for Young Children.” Adversity and Resilience Science. October 2022.
38 Estimated using Desmond, Matthew and Gerhenson, Carl. “Housing and Employment Insecurity among the Working Poor.” Harvard University. January 11, 2016.
$1,700 in social safety net benefits during the period of unemployment.39 This results in $150,000 in social safety net fiscal impacts to Davidson County as a result of ERTC.
EstimatedFederalandStateFundingRetainedforDavidsonCountyPublicSchools
During the 2022-2023 school year, approximately 4,000 students in Metro Nashville Public Schools were unstably housed.40 Because Metro Nashville Public Schools are allocated federal and state funding based on the number of students enrolled, when students leave Davidson County, funding is lost.
Of the 567 ERTC households who avoided disruptive displacement from July 2022 through May 2024, Stout estimates 3% would have migrated out of Davidson County as a result of disruptive displacement if not for ERTC.41 Applying the 3% metric to the 567 households results in an estimated 17 ERTC households that would likely move outside of Davidson County if they were disruptively displaced. Approximately 55% of ERTC households have children, and on average there are 2 children per household, resulting in an estimated 19 children who would have likely migrated out of Davidson County if they experienced disruptive displacement.
Metro Nashville Public Schools receives approximately $1,440 in federal funding and $3,750 in state funding per student enrolled.42 The estimated 19 children who likely remained in Davidson County because of ERTC resulted in an estimated $100,000 in retained federal and state funding for Metro Nashville Public Schools.
EstimatedFiscalImpactofCriminalizingPeopleExperiencingHomelessness
Individuals experiencing homelessness are more likely to interact with police, be fined for quality-of-life crimes, and be arrested relative to housed individuals.43 A study on homelessness in Minnesota found that 12% of adults experiencing homelessness had
39 Stout estimated per household social safety net benefits expenditure due to unemployment in Nashville using per household state and federal welfare expenditures. Not every individual will be approved for every social safety net benefit program and eligibility for programs vary.
40 H.E.R.O. Program - Metro Nashville Public Schools.
41 Based on Stout’s findings in its independent evaluations of Cleveland, Oklahoma, and Connecticut’s eviction access to counsel programs.
42 Estimated using data from Summary of Public Elementary-Secondary School System Finances by State for Fiscal Year 2021 compiled by the United States Census Bureau.
43 Speiglman, Richard, Green, Rex S. “Homeless and Non-Homeless Arrestees: Distinctions in Prevalence and in Sociodemographic, Drug Use, and Arrest Characteristics Across DUF Sites.” National Institute of Justice. 1999. See also Herring, Chris. “Complaint-Oriented Policing: Regulating Homelessness in Public Space.” American Sociological Association. 2019; Bailey, Madeline, Crew, Erica, Reeve, Madz. “No Access to Justice: Breaking the Cycle of Homelessness and Jail.” Vera Institute of Justice. 2020; Zakrison, Tanya, Hamel, Paul, Hwang, Stephen. “Homeless People’s Trust and Interactions with Police and Paramedics.” Journal of Urban Health. 2004.
The average length of a jail stay in Davidson County in 2019 was approximately 30 days.46 The cost of one night in jail in Davidson County is approximately $78.47 Applying these metrics to the 36 estimated individuals who would have experienced homelessness and have been incarcerated but for ERTC, results in estimated cost savings of approximately $80,000 to Davidson County.
Preliminary Findings from Client Surveys
In June 2024, Stout collaborated with Legal Aid and Hispanic Bar to develop and disseminate 2 online surveys. The purpose of the surveys was to gather feedback from Davidson County residents who interacted with Legal Aid and either received counsel and advice or received legal information via flyers, “know your rights,” or “how-to” materials. The survey questions were designed to qualitatively assess the impact of these activities.
Stout received 27 total responses – 19 to the survey related to counsel and advice and 8 to the survey related to outreach.48 Given the low number of responses, the metrics below are based on a small sample size, should be considered as preliminary, and conclusions should not be drawn from the surveys.
Approximately 93% of respondents who received counsel and advice indicated that the advice was “very easy” (54%) or “somewhat easy” (39%) to understand.
Approximately 79% of respondents who received counsel and advice indicated that they had an eviction hearing scheduled, and of those with an eviction hearing scheduled, approximately 91% attended their hearing.
44 “Overview of Homelessness in Minnesota 2006.” Wilder Research. 2007.
45 Metraux, Stephen, Caterina, Roman, Cho, Richard. “Incarceration and Homelessness.” US Department of Veterans Affairs. 2008.
46 2020 Annual Projection Planning Report: Criminal Justice Reporting. Metropolitan Government of Nashville and Davidson County.
47 “What Jails Cost: Davidson County, Tennessee.” Vera Institute.
48 Legal Aid indicated that the survey was sent to approximately 850 people.
21 been incarcerated within the past year.44 A similar study conducted in New York City found that 23% of emergency shelter residents had been incarcerated within the past 2 years.45 Stout used the 12% metric identified in the Minnesota study, given that it is on an annual basis, to estimate that approximately 12% of individuals who would have experienced unsheltered homelessness would have also experienced incarceration but for ERTC in Davidson County. Approximately 296 adults indicated they would experience homelessness if they experienced disruptive displacement. Applying the 12% who would have faced incarceration results in approximately 36 individuals who would have faced incarceration but for ERTC.
Of respondents who received counsel and advice and attended their hearing, approximately 60% indicated that the advice they received was “very helpful” or “somewhat helpful.”
Responses to other survey questions varied considerably and did not demonstrate a clear pattern.
Although the number of responses to the surveys was limited, the preliminary insights offer opportunities for further research, analysis, and engagement of Davidson County residents who sought assistance navigating the eviction process.
Examples of Client Experiences
Legal Aid and Hispanic Bar shared client stories with Stout that highlight the impact of ERTC. The client names in the following stories have been changed to maintain confidentiality.
“The Juarez family came to the United States from Honduras to escape violence and build a better life. Tragically, their dreams were shattered when their teenage son was found dead. As the family mourned this unimaginable loss, their landlords did something unthinkable - threw away all their belongings without warning. Not only did the family lose their beloved son and brother, but they also lost the few cherished reminders they had of him - his clothes, shoes and family photos. ERTC and another local non-profit filed a federal suit against the landlords and achieved a substantial settlement for the client.”
“Ms. Jamison is a devoted single mother of four, who despite many obstacles managed to secure income-based housing. However, Ms. Jamison family’s security was abruptly threatened when her landlord accused her of her dog biting a neighbor's child, even though she did not own a dog. This bogus allegation started an extremely stressful eviction process. [Hispanic Bar] represented Ms. Jamison through a trial and the case was dismissed, resulting in the preservation of the Jamison family’s home.”
“Ms. Harden had to move out of her apartment on short notice to escape domestic violence. When a tenant breaks a lease early, the lease often requires payment of a fixed fee. For Ms. Harden, the fee was three months' rent and the forfeiture of her security deposit—which together totaled more than $10,000. The landlord also wanted to hold Ms. Harden responsible for prior unpaid rent on the unit. ERTC staff helped Ms. Harden invoke Tennessee laws that allow survivors of domestic violence to break their leases without paying a fee. With support from LAS, Ms. Harden negotiated that her landlord would hold her abuser accountable for the
back rent and any lease break fees, avoiding any financial penalty for her altogether.”
“Mr. Fisher was barely making ends meet on his disability benefits. When those payments were briefly suspended, he fell behind on rent and his landlord filed for eviction. His apartment was in terrible condition, so Mr. Fisher was open to moving out. But he needed time. Mr. Fisher’s serious disabilities mean he uses a walker and can’t lift things, making moving unusually difficult. And with his disability payments suspended, he couldn’t afford to hire movers. An ERTC attorney presented evidence of the poor conditions to the landlord’s attorney and requested a reasonable accommodation in the form of additional time to move. The landlord agreed. With the extra time, ERTC staff supported Mr. Fisher through the process of finding a new apartment that provides subsidized housing to tenants with disabilities.”
“For Ms. Snyder, a hard-working young single mother, the arrival of her third child should have been a celebratory moment. In a matter of weeks, Ms. Snyder’s income drastically decreased when her work hours at the warehouse were slashed from 40 to just 8 per week—a penalty for attending prenatal appointments. Despite her best efforts, the rent payments quickly fell behind and an eviction was filed against her for non-payment. Ms. Snyder contacted ERTC when she was in active labor, the day before her court date. [Hispanic Bar] represented Ms. Snyder in court and convinced the landlord to allow for a pay-and-stay arrangement49. As a result, Ms. Snyder and her baby had a home to return to after being discharged from the hospital.”
“Ms. Ahmed is a mother of four and her teenage son was accused of starting a fire in a laundry room of the apartment complex. Video showed that two other children had caused the spark. Ms. Ahmed’s son had taken steps to stop the fire, which ultimately extinguished on its own. Even though Ms. Ahmed’s son did the right thing, the family soon after received a letter demanding they vacate the premises within three days. [Hispanic Bar] represented the client in the eviction proceeding. The landlord dismissed the case and the Ahmeds got to keep their Section 8 Voucher. By the end of the school year, Ms. Ahmed’s daughter, who would have been homeless without the intervention of[Hispanic Bar], finished her school year graduating as salutatorian of her high school.”
49 A pay-and-stay arrangement is when a tenant avoids an eviction judgment by paying the back rent owed and is able to stay in their home.
“[Hispanic Bar] represented a Ms. Louisa, a Latinx woman with limited English proficiency who was pregnant with her sixth child. Ms. Louisa moved into a home in December and upon moving in, she learned that the heat didn’t work. Ms. Louisa requested that the landlord repair the heat, but he refused—simply providing a single space heater for the entire single-family home. Ms. Louisa’s attempt to use the space heater led to her discovery that the home’s electrical wiring was unsafe. Beyond these issues, the water became contaminated to the point that debris would come out of the sink faucet. The client withheld rent in response to the landlord’s failure to provide necessary repair, and the landlord filed an eviction against her. Before the eviction could be heard, Ms. Louisa and her children moved out of the home. [Hispanic Bar] represented Ms. Louisa in the eviction hearing and also filed a counterclaim on her behalf. After a trial on the matter, the General Sessions Court awarded Ms. Louisa the refund of her security deposit and dismissed the landlord’s claim. The landlord appealed the decision and [Hispanic Bar] was able to settle the case for even more than the client was awarded in General Sessions Court.”
Stakeholder Engagement and Feedback
During the evaluation period, Stout engaged with a variety of Davidson County stakeholders (including attorneys who represent landlords) with experience and expertise interacting with the local rental housing / eviction ecosystem. The purpose of these meetings was to learn from local stakeholders who have different perspectives and experiences with the eviction process or who have observed the impact of evictions on Davidson County residents and rental property owners. Stout met with more than a dozen stakeholders who shared:
“Well over 50% of families that come into our program have an eviction on their record, and probably 25% of them have an eviction in the past 1 to 2 years that has led to their homelessness.”
“Children who are unstably housed are not consistently attending school.”
Sharing their experience assisting people with substance abuse disorder to secure housing: “Once a client finds housing, it’s the golden ticket to recovery. We often see that a month after being stably housed, they find a job, they can buy food, and they are able to be sober.”
Sharing the importance of building relationships and collaboration among tenant advocates, community-based organizations, and rental property owners: “I want landlords to know that when rent is late, call me. We can help reduce the amount of back rent owed and [if the person moves] the amount of time the unit stays vacant.”
The plaintiff counsel with whom Stout engaged represented rental property owners who filed approximately 80% of all Davidson County landlord-tenant cases in 2023. Feedback and observations from plaintiff counsel included:
A recognition of the benefits of having tenant representation, which included more efficient and effective resolutions, more realistic settlement agreements, and higher likelihoods of tenants being connected to other community resources for assistance;
Rental property owners have been less willing to offer settlement agreements that allow the tenant to pay and stay – not as a result of ERTC but rather frustration with emergency rental assistance disbursement processes;
The dynamic between plaintiff and defendant counsel has changed to be more collaborative than adversarial; and
Constructive criticism related to announcements regarding the availability of ERTC attorneys at the dockets that could be construed as unsolicited legal advice and the raising of reasonable accommodation defenses to non-payment when a tenant had not previously requested a reasonable accommodation or made the rental property owner aware of their disability.
Community Partnerships, Outreach, and Material Distribution
CommunityPartnerships
The following partner organizations received funding from ERTC grants or subgrants. All have worked independently and in partnership with Legal Aid and Hispanic Bar to inform tenants about their rights and provide related services.
Affordable Housing Solutions d/b/a People’s Alliance for Transit, Housing, and Employment
The People’s Alliance for Transit, Housing, and Employment (PATHE) is a grassroots organization that was founded in 2015 to focus on the need for a transit system in Davidson County. PATHE recognized concern among community organizers that the then-projected transit plan would not adequately address the community’s intersecting housing and employment needs. In 2020, when Davidson County was impacted both by a tornado in one of the oldest historically black communities and by the COVID-19 pandemic, PATHE’s focus shifted to affordable housing. PATHE’s membership includes renters, people experiencing homelessness, and residents of Davidson County, and it contracted with ERTC to increase outreach efforts through door-knocking and community building.
From July 2022 through June 2024, PATHE reported knocking on 2,179 doors to remind people of impending court dates and to discuss the importance of attending court.
PATHE also reported distributing 3,895 printed materials. In addition to direct-to-tenant outreach efforts, PATHE reported engaging in 83 community relationship building events.
American Muslim Advisory Council
The American Muslim Advisory Council (AMAC) was founded in early 2012 and, while headquartered in Davidson County, operates throughout Tennessee. AMAC’s mission is “to empower Muslims across Tennessee through civic engagement, community building and media relations in order to protect all Tennesseans from prejudice and targeted violence.”50 Approximately 45,000 Muslims live in Davidson County51, which also has the largest Kurdish population in the United States.52
AMAC partnered with ERTC to conduct outreach and educational sessions. AMAC translated ERTC informational materials into Amharic, Arabic, Dari, Kurdish, Pashto, and Somali and distributed these resources within the Muslim community in Davidson County.
In addition to educational initiatives, AMAC provided support in 10 eviction cases, offering cultural and language assistance throughout the process. ERTC attorneys indicated that AMAC’s assistance not only facilitated smoother legal proceedings but also enabled the identification of broader client needs, such as identification of domestic violence.
From July 2022 through June 2024, AMAC reported conducting 44 outreach events, reaching 14,326 individuals. Additionally, AMAC reported distributing 2,621 printed materials and making 121 social media and newsletter posts.
Nashville Conflict Resolution Center
The Nashville Conflict Resolution Center (NCRC) was founded in 2000 by members of the Nashville Bar Association. NCRC’s mission is “to provide access to justice for all Tennesseans. Through a restorative approach of mediation, we help people resolve legal crises quickly, safely, and effectively outside of a courtroom.”53
As an element of ERTC, NCRC provides free mediation for rental property owners and tenants. From July 2022 through June 2024, NCRC mediated 200 disputes between unrepresented rental property owners and tenants and distributed 600 printed materials.
50 https://www.amactn.org/
51 https://www.newschannel5.com/news/islamic-center-of-nashville-invites-public-to-annual-ramadaniftar-dinner-and-presentation-events.
52 https://www.tennessean.com/story/news/local/2017/06/23/who-kurds-and-why-theynashville/97706968/
53 https://www.nashvilleconflict.org/about-us
Conexión Américas
Conexión Américas (Conexión) served as the fiscal agent in contract with Metro Nashville for Hispanic Bar, PATHE, AMAC, and NCRC.
Since its inception in 2002, Conexión’s mission has been “to build a welcoming community and create opportunities where Latino families can belong, contribute and succeed.”54
In addition to its role as fiscal agent, Conexión led outreach and awareness initiatives related to the ERTC program among Latino families in Davidson County. Between December 2022 and June 2024, Conexión reported distributing 8,858 flyers and attending 306 events targeting Latino families.
MaterialsDistributionandOutreachEvents
Legal Aid tracks material distribution and community outreach efforts undertaken by ERTC staff. In total, Legal Aid staff distributed 62,490 materials as of the end of May 2024.
Legal Aid has also participated in 235 outreach events since ERTC launched, including in-court presence at a help desk, attending community events, and training staff at local nonprofits about tenants’ rights.
The court help desk is a joint effort between Legal Aid and Hispanic Bar. The help desk was launched in early 2023 and originally staffed only on the two busiest days of the week. Over the course of the next year and a half, the programs added a third day and then a fourth and fifth. The help desk is now staffed every day court is in session.
The help desk is a centerpiece of ERTC outreach efforts, distributing materials and connecting clients to the ERTC intake process.
Opportunities for Sustaining and Expanding ERTC
Based on quantitative and qualitative findings of Stout’s independent evaluation of ERTC, Stout recommends the following for sustaining and expanding ERTC:
1. Should Legal Aid and Hispanic Bar expand ERTC, they should assess internal capacity and continually assess personnel needs, reasonable caseloads, and the ability to expand sustainably. If ERTC were expanded, Legal Aid and Hispanic Bar should consider seeking regular feedback from the local rental property owner community, including attorneys representing rental property owners, regarding the implementation of the expanded ERTC.
54 https://www.conexionamericas.org/
2. Maintain a commitment to robust data collection and data analysis and consider opportunities for refined or enhanced data collection. In other jurisdictions where Stout is conducting independent eviction right to counsel or access to counsel evaluations, legal services providers are collecting data about whether there are potential defenses, whether counterclaims were filed, if the client experienced homelessness because of a past eviction, and if the client experienced barriers (e.g., child care, transportation, missing work) to attending their hearing, among other data points demonstrating client circumstances and the impact of representation.
3. Explore pathways for preventing eviction filings and opportunities for early intervention. There may be opportunities for Legal Aid and Hispanic Bar to collaborate or partner with rental property owners or housing authorities to create pilot programs with the goal of avoiding eviction filings for tenants and the eviction process for rental property owners. Among clients who owed back rent, approximately 37% owed 1 month or less of rent, and approximately 76% owed 2 months or less of rent. Clients who indicated that they could pay all the back rent owed an average of approximately 1.7 months of rent. Clients who indicated that they could pay a portion of the back rent owed an average of approximately 2 months of rent.
4. Develop a methodology for estimating the potential need for sustainable rental assistance. Stout has received feedback from stakeholders in jurisdictions throughout the country (including rental property owners) identifying sustainable rent assistance as an important complement to eviction right to counsel programs, particularly in assisting with the efficient and effective resolution of cases without substantive legal issues.
5. Consider mechanisms for collecting client feedback at different intervals after service delivery. Client feedback after service delivery may provide insights into external challenges clients are experiencing that contribute to ongoing housing insecurity for ERTC clients. Legal Aid may also consider redistributing the 2 online surveys to collect additional responses and make progress toward a meaningful sample size to be analyzed.
6. Develop a deeper understanding of circumstances where ERTC is most and least impactful. Stout learned from Legal Aid and Hispanic Bar that there are situations where effective assistance for clients may be a service level other than extended service. Segmenting clients and cases by certain characteristics can assist with resource planning, particularly when capacity is limited. Additionally, Legal Aid and Hispanic Bar (or partner organizations) may consider a pilot activity to collect the court assigned case disposition of cases where an ERTC attorney provided a client brief services, counsel and advice, or limited representation.
7. Engage with the General Sessions Court to assess further opportunities for collaboration. There may be opportunities for Legal Aid and Hispanic Bar to work with court personnel to develop best practices for improving messaging to people facing eviction, including when tenants are appearing pro se and may be eligible for ERTC.
8. Consider the role of housing navigators and other non-attorney staff as complements to attorneys and to assist with non-legal work.