The Season of “What’s Next?”

During this last legislative session, Shelterwell got its first taste of policymaking in Oklahoma.  As members of the Housing Stability Coalition, we joined other organizations in Oklahoma to strategize and mobilize efforts for greater education and awareness of issues impacting renters in Oklahoma. As members of the Oklahoma Coalition for Affordable Housing, we brought concerns directly to lawmakers at the capitol.  The power citizens have in shaping these issues surprised me and brought me hope for the future of our communities.  

One very crucial win this session was the passage of HB2792.  This bill will convert court forms associated with filing evictions into plain language that anyone (not just attorneys) can understand.  The current forms are outdated and were written at a time when both parties, tenants and landlords, largely represented themselves.  This is no longer the case.  For eviction hearings in Oklahoma County court in June of this year, 64% of plaintiffs were represented by an attorney, while tenants secured legal representation 9% of the time.  Making court forms easier to understand will level a playing field that gets more uneven by the day. 

Another hopeful sign of progress was the passage of HB1031, which will create a housing stability program, including $215 million for the construction of single-family homes. In Oklahoma, there are only 46 homes available for every 100 extremely low-income renter households.  Oklahoma desperately needs to remove barriers to increase affordable housing stock; this bill is encouraging progress.   

As the legislative session has come to an end, we find ourselves in a season of “What’s Next?”  The wins should be celebrated, but the marathon for “Housing Stability for All” continues.  Our attention must shift to furthering the progress made in this last session and raising awareness of issues that continue to impact renters, families, and our communities.  While there is no shortage of issues regarding housing stability, the following areas are just a few that I believe should be our focus moving forward:  

Filing Fees

A landlord can file an eviction case at the Oklahoma County courthouse for about $58.  For perspective, that costs $276 in Alabama.  When filing fees are low, the courts are susceptible to being used as a bargaining chip, with landlords believing the threat of removal is the only effective way to get tenants to pay.  In research conducted by Eviction Lab, they found that raising filing fees could reduce eviction rates to the same degree as increasing tenants’ incomes by tens of thousands of dollars.  Eviction filing fees in Oklahoma County do not reflect the actual cost of the court administrative process.  Raising fees could reduce the strain on court staff while encouraging landlords to replace eviction filings with direct communication or dispute resolution avenues, such as mediation. 

Eviction Timeline

Currently, in Oklahoma County, an eviction case can be scheduled five days after filing, including weekends and holidays.  With the majority of cases concluding at the first court date and lock-out notices happening 48 hours later, a tenant could be served with an eviction notice on a Wednesday and removed from their home the following week. This process is much faster than in other parts of the country.  In Sedwick County, Kansas, the first court date is generally set 5-10 days after filing and landlords do not need to be present for the first hearing.  If the tenant disputes the eviction or an agreement is not reached, a trial is scheduled ten days later.  In Madison, Wisconsin, the first hearing is ten days from filing, but the case is conducted over Zoom.  A hearing is set before a judge weeks later if an agreement still needs to be reached.

On average, about 70% of judgments in Oklahoma County are by default due to the tenant not being present in court.  Extending the timeline for evictions will give more opportunity for alternative solutions, and should those fail, at least allow tenants more time to prepare to be present in court.  

Anti-Retaliation

Unfortunately, HB2109, a bill that would have protected tenants from retaliatory actions of landlords and provided tenants a path for legal recourse, fell short at the buzzer this last session.  This bill could have empowered tenants to issue health-code complaints and repair requests without risk of eviction, harassment, or fees.  While part of the bill’s failure was due to well-intentioned efforts to protect local landlords, the fact remains that we continue to see issues with out-of-state corporate entities buying up Oklahoma properties, including evictions in their business model, and yet failing to address the conditions of the property, as recently seen with Midwest Pointe Apartments. 

 A rising tide lifts all boats.  Rights are not finite.  Increasing rights for tenants does not mean decreasing rights for landlords.  Like the eviction forms previously mentioned, the laws governing landlord-tenant relations also need a modern update.  

Right to Counsel:

Right-to-counsel programs nationwide have proven to increase better results for those involved.  As previously stated, landlords are represented by attorneys at a disproportionately higher rate than tenants – at a rate of seven to one.  The system only works effectively when fair and just for all involved.  Guaranteeing tenants a right to counsel is another step to equalizing the playing field.  A Hamilton County, Ohio report found that tenants with lawyers in eviction court had an 84% lower risk of receiving an eviction order.  Open Justice Oklahoma found that tenant legal representation increased the odds of unit retention by 75%.  In New York City, the eviction filing rate dropped 30% after funding began for expanded representation.  

Guaranteeing tenants the right to legal counsel has produced better outcomes nationwide.  It’s time for Oklahoma to catch up.  

It will be challenging to gain traction and awareness on these issues.  It will take time, work, and the participation of everyone. In the most recent Point in Time count, of the 448 of our community members who were unsheltered at the time of the count, 18% had previously experienced an eviction.  Of the 1,590 evictions filed in Oklahoma County in June, 745 cases resulted in a tenant losing their home.  We can immediately begin to reduce the growing reservoir of citizens experiencing homelessness if we focus upstream on the tributaries that lead to it.  Please join Shelterwell in this effort.  If you are facing eviction or have in the past, please share your story with us here.  Eviction data specific to Oklahoma County can be viewed here.