According to New Jersey's Administrative Office of the Courts, 98.8% of tenants facing eviction in the state appeared in court without legal representation.
Volunteer Lawyers for Justice (VLJ), a grantee partner of The Tepper Foundation, offers New Jersey residents experiencing poverty an array of free civil legal services, including combating improper evictions. In 2020, The Tepper Foundation supported the build-out of VLJ’s work fighting improper evictions through the New Jersey Pandemic Relief Fund.
“We are always thinking about the underrepresented litigants and how the system typically doesn’t work for them,” said Jessica Kitson, Director of Advocacy at VLJ. “We know that the legal system was created by lawyers for lawyers, and nowhere is that more clear than in our eviction courts.”
One-quarter of the state’s eviction filings are in Essex County alone, leading to a large backlog in cases and a population of people at risk of or currently experiencing homelessness in a community that already faces job and housing insecurity. The tenant is often unrepresented in these filings, meaning the judges typically only hear legal arguments from the landlord, furthering inequities.
According to VLJ’s research and first-hand experience, Kitson suggests that there is a two-part, sustainable solution to this injustice: a right to counsel and expanded quality, affordable housing options. “There is no universal right to an attorney for civil matters. But what we’ve seen in other jurisdictions that have implemented right to counsel for evictions, is that it not only helps preserve the housing of the people who get access to counsel, but the number of eviction filings in the state actually go down,” noted Kitson.
When our systems are set up to benefit community members by allowing them to exercise their right to counsel and ensuring quality affordable housing options, there is a positive ripple effect. Kitson concluded, “Housing stability has many implications for families, and the communities where they live, including impacts on physical health, childrens’ performance in school, community relations and investment, and more. It is a crucial aspect of helping New Jerseyans thrive. We are grateful for supportive partners like The Tepper Foundation, who are interested in not only getting people the legal help they need, but are committed to addressing the broader housing policy issues as well. That is where together, we make real, lasting impact.”
To learn more about the work of Volunteer Lawyers for Justice, visit their website. Read Jessica Kitson's op-ed here for more information on VLJ’s eviction-prevention work.