In an attempt to resolve evictions before they go to trial, the Los Angeles County Superior Court has launched new programs that seek to facilitate settlements by providing free attorneys to tenants and financial relief to landlords who are owed back rent.
Presiding Judge Sergio Tapia said these pilot programs are designed to stem the tide of evictions, which have risen sharply since the COVID-19 pandemic.
“We're trying to show litigants across the board, whether it’s tenants or landlords, that the court is the opportunity to try to find resolution faster,” Tapia told LAist.
Both tenant and landlord attorneys agree that settlements can often be the best path for both parties.
One program launched last month in downtown L.A.’s Stanley Mosk Courthouse gives tenants the right to request a mandatory settlement conference overseen by a court-appointed settlement officer.
These tenants, who rarely come to court with legal representation, will be given a free attorney to guide them though the settlement conferences, as long as they earn less than 125% of the federal poverty level.
But lawyers who represent landlords say their clients often feel local government is increasingly putting money toward helping renters, while leaving property owners struggling.
Where does funding come from?
Facing eviction without a lawyer “puts people at such an enormous disadvantage, when landlords normally have lawyers,” said Conway Collis, president of the Mayor’s Fund for Los Angeles, a nonprofit that is helping to fund the Mosk program’s free attorneys.
Other funding comes from Stay Housed L.A., a legal aid partnership funded by the county of L.A. and the city of L.A. through its “mansion tax.”
Landlords will be required to notify tenants about the program in the eviction paperwork they serve to tenants.
Settlement officers come from the court’s pool of temporary judges, who handle lower-level cases, such as traffic infractions. Other officers are retired judges or trained lawyers.
The settlement conferences are being held on the same day as regularly scheduled court hearings, one floor down from the Mosk courthouse’s eviction department.
How are the conferences working so far?
Elena Popp, the executive director of the Eviction Defense Network, which is providing lawyers for the program, said that on one recent day, landlords and tenants were able to reach mutually agreeable settlements in about half the conferences.
“We settled one,” Popp said. “We are very close to settling a second one. The other two are way further apart because the tenant really wants to stay on, but the landlord really wants them to go.”
Settlement deals look different in each case, Popp said. Sometimes they involve landlords letting tenants stay if they pay overdue rent. In other cases, tenants are given additional time to find new housing before they must leave. When settlements are reached, cases are sealed so that evictions won’t be visible on a tenant’s record, a black mark that makes it very difficult to find new housing.
When settlements can’t be reached, landlords and tenants go back upstairs to resume their normal proceedings, Popp said.
No matter how cases are resolved, she said, tenants can’t be expected to navigate legally complex processes on their own.
“One of the things that we stressed when we were setting this up is that you absolutely have to have a lawyer,” Popp said.
Compton program pairs settlements with money to landlords
Another pilot program launched last month at the Compton courthouse offers up to $10,000 to cover rent owed to landlords in cases that settle. Landlords will be required to inform tenants about the settlement conferences. To qualify, either the tenant or the landlord must earn no more than 120% of the area’s median income.
The settlement conferences at the Compton courthouse are overseen by Community Legal Aid of Southern California, and rent relief funding is administered by L.A. County’s Department of Consumer and Business Affairs.
Attorney Aaron Kohanim, who represents landlords, said he advises his clients to settle whenever possible, because going to trial is “a casino — you don't know if you're going to win.”
But he also said landlords generally view taxpayer-funded attorneys for tenants as unfair.
“Only one side gets a piece of that pot,” Kohanim said. “Landlords have to pay out of pocket for their attorneys. And on top of that, they are not allowed to collect rent in the middle of the case, so they're getting beaten by two different angles, versus a tenant who is just living there rent-free and they get a free lawyer.”
Tapia said the programs are currently limited to the Mosk and Compton courthouses because of funding constraints and limited resources. But the judge said if they prove successful, they could be expanded county-wide.
“If we're able to show success, that will allow us to recruit a more robust set of settlement officers to perhaps expand,” Tapia said. “We need to see how this pilot plays out first.”