Boulder may not be an epicenter of COVID-19 infections, but the virus and economic fallout are upending lives all the same. Almost 20,000 Boulder residents have lost their jobs since March, and thousands of towns and cities across the country face similar circumstances. With moratoriums on evictions set to lift soon and no federal emergency rent relief in sight, millions nationwide are at risk of eviction, including thousands in Boulder.
With or without a global pandemic, fair access to housing is a legal right — including for tenants who are summoned to eviction court. Under the current system, however, tenants do not have a right to legal representation to better understand and negotiate proceedings. This is a serious imbalance of power between landlords and tenants that prevents many tenants from exercising — and even knowing about — their legal rights.
The odds are stacked heavily against tenants in eviction court. Less than 2% of tenants summoned to court can find or afford legal representation — not surprising considering that many are facing eviction because they cannot afford their rent. Meanwhile, the vast majority of landlords are armed with legal representation and the protection of professional organizations that lobby on their behalf. Many tenants don’t even get to the courthouse because of the severe financial burdens they already bear. Again, this creates an imbalance of power that favors the landlord over the tenant.
In Boulder, the ACLU of Colorado is fighting alongside the No Eviction Without Representation campaign and other housing justice advocates to challenge unjust evictions by supporting Ballot Issue 2B on the November ballot to ensure legal representation for all tenants facing eviction in the City of Boulder. Ballot Issue 2B will also establish a rental assistance fund and an education process that will notify Boulder renters of their rights. Other cities that have adopted right to counsel measures in eviction proceedings — including New York and San Francisco — have seen reductions in the number of evictions. In securing a universal right to counsel in eviction proceedings, Ballot Issue 2B will ensure that tenants have the tools and knowledge they need to safeguard their rights and help balance power between landlords and tenants.
Losing your home is always devastating, but losing it during a global pandemic is even more dangerous. Evicted tenants often lose their ability to social distance or shelter-in-place. Many are forced into situations that make it difficult or even impossible to follow CDC-recommended disease prevention guidelines: crowd into the home of a friend or family member, or move into a homeless shelter, where the virus can spread rapidly due to close quarters and limited access to hygiene.
Due to decades of inequalities in our housing system, communities of color and low-income women feel the impacts of eviction the most — black women in particular. The numbers say it all: Black women are more than twice as likely to be evicted as white people. Less than half of black and Latinx families own their homes compared to 73% of white families. Income and wealth inequality also put communities of color at higher risk of eviction.
The harms of eviction run deep: having an eviction on your record can make it difficult to secure future housing, since some landlords will not consider a prospective renter who has been evicted in the past. Eviction marginalizes already-vulnerable groups with limited financial means.
The eviction system was grossly unjust before the pandemic. Now is our chance to reform policies that harm vulnerable communities and ensure that all people — regardless of their circumstances or background — have access to safe and stable housing, through the pandemic and beyond. Boulder residents can take a critical step towards ensuring this by voting Yes on Ballot Issue 2B this November.
Lucy Carlson-Krakoff is an ACLU of Colorado volunteer and student at Wellesley College.
This opinion column does not necessarily reflect the views of Boulder Weekly.
