Contemplating Reasonable Accommodations Under the Fair Housing Act 

By Holly Webster a 2022 Fellow in the Housing Justice Program. Holly is hosted by South Carolina Legal Services. 

As we recognize National Fair Housing Month, we celebrate the enactment of the Fair Housing Act of 1968 and the protections extended to those seeking to rent or procure housing. As of today, the Act prohibits discrimination in housing based on race, color, sex, national origin, religion, familial status, and disability. 

There are many ways to illustrate fair housing issues. In one case, a landlord might be dishonest about the availability of an apartment based on one or more of the forementioned reasons.  In another case, an advertisement might state who will be denied the opportunity to purchase a house based on one or more of the forementioned reasons. Although these are common examples of fair housing discrimination, the umbrella of fair housing also covers reasonable accommodations for tenants with disabilities. 

A reasonable accommodation is an agreed-upon change to a policy, procedure, or service that allows someone with a disability equal use and enjoyment of their dwelling unit and common areas, as well as an equal opportunity to meet program requirements. There are a variety of reasons someone might need reasonable accommodation. For example, a tenant may want to have a service animal live with them on the property, but live in a pet-free community. A tenant might also need to move to another unit, either because they cannot access any unit above the first floor (i.e., they are wheelchair bound in a building with no elevator) or because they need a unit with certain accommodations not found in all units (i.e., shower rails). These are just a drop in the bucket when it comes to reasonable accommodations for tenants with disabilities 

Another example might be where a tenant with a disability is unable to work relies on monthly disability payments to survive. In this case, if the disability payments are being made in the middle of the month, the tenant may struggle or be unable to pay rent until the middle of the month. In this case, a reasonable accommodation request could be for the landlord to adjust the monthly deadline for the tenant. The tenant would still be required to make monthly payments to the landlord, but they would not be subjected to late fees before their adjusted deadline.

When requesting a reasonable accommodation in writing, it is important to heavily consider the word “reasonable,” as one may encounter push back if the landlord disagrees on whether the proposed accommodation is, in fact, reasonable. When I made a reasonable accommodation request for one of my clients, it was important to explain how the accommodation was “reasonable” and how it was directly related to my client’s disability, as I knew how important this information would be in further discussions. 

There are many potential obstacles that may arise when requesting a reasonable accommodation. For example, money may become an issue in discussions regarding proposed accommodations because a landlord is not required to grant a proposed accommodation that would result in an undue financial burden. Therefore, a proposed reasonable accommodation request may result in back-and-forth communications with the landlord, which is fine, so long as the goal on both ends is to eliminate barriers to use and enjoyment for tenants with disabilities. 

I recently represented a client who was facing eviction for nonpayment of rent. Further investigation revealed that my client Annie* was disabled and unable to work. Annie relied on monthly payments from the Department of Veterans Affairs and Social Security Disability, receiving no additional income for survival. Annie received a check every third of the month and paid rent every month but could only afford to pay rent with a money order via standard mail. As a result, the landlord charged my client a late fee every month the money order arrived after the fifth of the month. This left my client vulnerable to owing additional fees. As the hearing in this eviction action was fast approaching, I submitted a reasonable accommodation request to the landlord on behalf of my client, requesting that the landlord refrain from charging my client a late fee if the money orders for rent were postmarked for before the fifth of the month. When I followed this written request up with a phone call, I was not only able to memorialize confirmation of this reasonable accommodation in writing, but I also secured a settlement agreement for my client regarding the pending eviction action. 

 *For privacy purposes, the client’s name has been changed. 

To learn more about Equal Justice Works Fellows in the Housing Justice Program, click here. To learn more about Holly’s project, click here. 

By DiNesha Rucker a 2022 Fellow in the Housing Justice Program DiNesha is hosted by the Homeless Persons Representation Project, Inc. 

Each April, we celebrate National Fair Housing Month. This year marks the 56th anniversary of the passage of the Fair Housing Act of 1968, which prohibits discrimination based on race, color, religion, sex, familial status, national origin and disability in the sale or rental of homes and other housing-related activities. This April, it is important to reflect on the fervorous fight that led to this landmark legislation and thoroughly reexamine how we, as legal change agents, can continue to shape and transform systems to ensure fair housing for all. 

Through my work, I am often reminded of how important the promise of the Fair Housing Act is. I have observed gaps between the ideals that this Act instills and the realities of navigating housing laws and housing court. As a Homeless Youth advocate, I have seen how the programmatic and bureaucratic structures of federal housing programs negatively impact transition-aged youth struggling with mental illnesses.

My client Pauli’s case illustrated this gap. Pauli* was a 24-year-old Housing Choice voucher recipient facing eviction due to thousands of dollars in unpaid rental payments. At age 24, Pauli already had a long history of homelessness but fortunately received a conversion voucher while residing in residential housing for homeless, transition-aged youth ranging from 18-24 years old. While there, Pauli was diagnosed with several mental and cognitive disabilities including bipolar disorder and depression. These disabilities impacted Pauli’s ability to complete everyday tasks, and as a result, found it difficult to secure and maintain employment.  

Pauli consequently fell behind on nine months of rent. Initially, Pauli continuously tried to contact the Housing Authority’s general inboxes and several staff at the Housing Authority directly to report their loss of income. Those communications either went unanswered or inadequately responded to for months. Pauli, despaired and paralyzed by the fear of returning to homelessness, was under an exorbitant amount of anxiety and fell into frequent bouts of depression. 

Subsequently, eviction proceedings were initiated against Pauli. In response, I worked with Pauli to mount a Fair Housing defense against the eviction and request a retroactive rent adjustment. We were successful with the Housing Authority conceding, on record, that Pauli was not responsible for the alleged amount. However, the question remains: why were my services necessary? Why was this young person’s housing ever in jeopardy?

Although Pauli’s case highlights obstacles that typical participants face while navigating federal housing programs, it is important to consider these obstacles within the context of their specific circumstances. Pauli was not only a transition-aged youth but was also  dealing with several mental and cognitive disabilities. When reexamining programmatic and bureaucratic structures, we must consider the vulnerabilities of these populations. 

Often, transition-aged youth in federal housing programs struggle to effectively navigate the complexities of the program or the structure of housing authorities. Homeless youth are still developing mentally, emotionally, and socially, and require unique services and support until they are able to sufficiently support themselves in adulthood. Additionally, participants may have varying abilities to navigate the systems put in place and respond to issues arising during their program due to mental or cognitive disabilities. 

Practices and patterns of housing authorities may also be harmful to the mental health of those suffering from disabilities. 

The complexities of federal housing programs and the bureaucratic structure of housing authorities generate inaccessibility. Pauli experienced confusion with program requirements and frustration related to how to respond and who to contact regarding emerging issues. When authorities did attempt to respond, direct contact information was gatekept and Pauli was stonewalled by inadequate responses. This threatened Pauli’s housing stability and negatively impacted their mental health for months.  

The spirit permeating through the Fair Housing Act is accessibility. Like a ramp into a building, systems must be structured with equitable safeguards to ensure that our most vulnerable populations have access. The reality remains that many people with disabilities are being evicted, even when meritorious claims exist. It is imperative that we consider how we can possibly ensure that the system protects our most vulnerable populations from the onset—during National Fair Housing Month and throughout the rest of the year. 

*Indicates the client’s name has been changed for the sake of privacy. 

To learn about the other Fellows working to increase access to fair housing through our Housing Justice Program, click here To read more about DiNesha’s work, click here. 

The Equal Justice Works Housing Justice Program (HJP) began as a cohort of eight Fellows in Richmond, Virginia in 2019 and has since grown to offer 32 Fellowships for attorneys and community organizers across Maryland, South Carolina, and Virginia. Based on the incredible success of the first cohort of HJP Fellows, Equal Justice Works grew the program from eight Fellows hosted at three organizations in 2019 to 32 Fellows across 18 organizations in 2023. These Fellows combine direct legal services, education, outreach, and impact litigation to advance renters’ rights and hold bad-actor landlords accountable.

Housing Justice Program Fellows have made significant progress on the goals of the program since onboarding in Summer 2022. To date, Fellows have helped 3,344 households avoid evictions through direct legal services, provided one-on-one resident services to 1,999 households, trained 6,403 community members about tenants’ rights, and conducted outreach to 11,842 households. As a result of organizing and education efforts by the Fellows, 48 administrative and legislative policies to stabilize housing were influenced.

“It’s been incredible watching the impact of our Fellows’ hard work,” said Laura Roach, senior program manager for the Housing Justice Program. “Year over year, it is inspiring to see how our Fellows rise to meet the immense demand for legal assistance and help communities to influence systems that promote overall housing stability.”

Beyond impact numbers, Fellows were able to achieve many lasting legal wins in their communities. For example, Fellows helped tenants secure rent stabilization in Prince George’s and Montgomery Counties, which is just one example of the impact that Fellows are having across their states. In South Carolina, Fellows have secured an Order from the Supreme Court, which allows counties across the state to establish Housing Courts to help tenants access representation in eviction cases. Fellows also helped tenants in Virginia advocate for a bill that allows localities to pass rent stabilization ordinances.

The impact of tenants was also personal. Hosted by South Carolina Legal Services, 2022 Fellow Holly Webster represented a client with multiple disabilities who was distressed by his landlord’s decision to file an eviction action against him. The client lived in Project Based Section 8 housing, but the landlord filed an eviction action for end of lease term. Holly argued at the eviction hearing that HUD requires good cause to terminate a lease in Section 8 housing. The judge agreed and dismissed the action, allowing the client to remain in his unit. The tenant had not been aware of this legal defense, and without an attorney he may have been evicted.

Fellows Emily Blackshire and Sloan Wilson were also able to advance tenant rights to safe and healthy housing when they worked together to address insufficient housing conditions in properties owned by the Columbia Housing Authority in South Carolina. Using testimonies from more than 20 tenants, Fellows submitted a FOIA request and attended a Housing Authority board meeting to make a public statement about the conditions they had witnessed. The Fellows were interviewed by local news, which raised community awareness.

These successes by Housing Justice Program Fellows did not come easily. Fellows were met with many challenges along the way, as rent prices have increased and communities are met with record low rental vacancy rates. These factors led to a higher volume of people seeking housing-related legal aid. To illustrate the extent of this issue, Equal Justice Works conducted a needs assessment earlier this year, which indicated that 93% of organizations did not have the capacity to serve all eligible individuals seeking services for housing and eviction-related issues.

Fellows met this challenge by prioritizing the most urgent and persisting cases. In one case, organizers in Baltimore alerted an Attorney Fellow to mass eviction filings by the Housing Authority. Together, Fellows and host organizations were able to respond and prevent hundreds of evictions.

Moving forward, the Housing Justice Program aims to address two rising issues that have been identified in the communities that Fellows serve: the high volume of need for housing-related legal aid and the inconsistent application of the law. To address the first point, Fellows formed a working group to support households who must represent themselves. This group will develop and distribute high-quality legal self-help materials to tenants who represent themselves. They will also advocate with local courts and clerk offices to increase access to legal defense for self-represented tenants.

The second point was identified as Fellows across all jurisdictions have observed judges and clerks misinforming tenants and inconsistently applying the law. In response, Fellows can improve outcomes by influencing court practices and enforcing tenants’ rights in courtrooms where judges and clerks may not be fully familiar with the law. During the next reporting period, Komenge will work with Fellows to develop and engage in strategies to support and train judges and judicial systems to be more understanding and legally responsive to the communities served by civil legal aid. Equal Justice Works will also continue to facilitate trainings with subject matter experts for Fellows to ensure that they are as prepared as possible to safeguard rights of tenants in courts across their states. 

Visit here to read more stories about the work of our Housing Justice Program Fellows and how they are advocating for policies and practices that protect the rights of all tenants.

The Housing Justice Program includes Fellows hosted across Maryland, South Carolina, and Virginia. The Housing Justice Program is made possible thanks to the generosity of The JPB Foundation, JPMorgan Chase & Co., Abell Foundation, Community Foundation for a greater Richmond, Maryland Legal Services Corporation, and Sisters of Charity Foundation of South Carolina.

The expiration of pandemic-era tenant protections and rising rents have yielded an increase in eviction filing rates and the number of tenants in need of legal representation. The Equal Justice Works Housing Justice Program conducted a nationwide community needs assessment in May 2023 to understand how organizations are meeting the increasing need for housing legal services. Equal Justice Works distributed this needs assessment to more than 300 partners nationally and received 92 responses from across 29 states and the District of Columbia. The responses confirmed that there is a significant gap between community need and the capacity of legal aid organizations to provide housing-related legal services. The results of the needs assessment illustrated that:

• 93% of legal services respondents indicated that their organization does not have the capacity to serve all eligible individuals seeking services for housing and eviction related issues.
• 76% of respondents indicated that their service area does not have adequate access to free or affordable legal services related to housing stability.
• 45% of respondents reported receiving a large increase in requests for housing-related services in 2023 (21-50% increase from normal intake), and 12% reported a massive increase in requests for services (51%-100%+ increase from normal intake).

Respondents noted several internal challenges related to meeting legal needs, including difficulty with staffing, retention, and increased caseloads. Despite 70% of respondents employing dedicated housing attorneys, only 5% are fully staffed to handle all eligible clients seeking housing services. To increase capacity, organizations have sought to grow the number of housing attorneys on staff. Seventy-five percent of respondents have increased the number of full-time housing attorney positions at their organizations since 2020; however, filling the positions is not always easy. Thirty-five percent of respondents reported that it typically takes 4-6 months to recruit a housing attorney and 10% reported that the process takes 7-9 months. Once hired, respondents indicated housing attorneys typically only stay for 1-3 years. Since most organizations do not have the staff capacity to serve all eligible individuals, they often must refer them to other providers, pro se materials, or provide limited scope service to try to address needs in their service areas.

Equal Justice Works enhances the capacity of legal aid to provide housing services by attracting and training talent through our Housing Justice Program. The needs assessment results indicate that 93% of respondents are interested in hosting an Equal Justice Works Housing Justice Program Attorney Fellow to increase their service capacity. Several organizations elaborated on their desire to partner with the Housing Justice Program:

• “We could really use help with hiring an EPP attorney in Columbia, SC. An Equal Justice Works Fellow would be a revelation!”
• “We are in dire need of capacity building strategies and support, and would welcome conversations to build this in NYC.”
• “The housing issue in L.A. is dire and our clients, specifically transition-age youth and nonminor dependents, often slip through the advocacy cracks… We are excited to expand our advocacy efforts to include housing and hopeful that we can take these steps to build our program soon.”

Respondents to the needs assessment explained that, in addition to hiring more attorneys, they hope to improve housing stability in their communities through organizing and encouraging legislative change.

• 33% of organizations currently engage in tenant and community organizing.
• 67% of organizations participate in policy advocacy. The most common policies advocated for are right to counsel, just cause protections, and emergency rental assistance.
• Of the organizations that participate in policy advocacy and tenant organizing, 80% are interested in hosting an Equal Justice Works Housing Justice Program Organizer Fellow.

Housing Justice Program Organizer Fellows assist their host organization and service area by advocating for reforms, conducting outreach and education on tenants’ rights, and helping form tenants’ associations. They also bolster the work of the Attorney Fellows by building trust between community members and legal service organizations and emphasizing the importance of having representation in court. Current Housing Justice Program Organizer Fellow DeAnna Smith recently wrote about the importance of community outreach and how it can help remove barriers to accessing legal counsel.

The results of the needs assessment underscore how the Housing Justice Program can continue to enhance the capacity of legal aid organizations across the country to meet the needs of low-income renters. As the nation’s largest facilitator of public interest fellowships, Equal Justice Works attracts top talent to our programs and provides tailored training to support the work of our Fellows. Our Housing Justice Program Fellows have helped nearly 4,000 households avoid eviction, secured $2.3 million in economic relief for tenants, and helped to pass tenant protections such as rent control. The program currently operates in Maryland, South Carolina, and Virginia, and aims to expand into new states in 2024.

Learn more about the key findings of the Housing Justice Program Needs Assessment by reading the report here.

If you or your organization are interested in lending support to expand the Housing Justice Program to meet the community needs highlighted in this report, please contact us at [email protected].

The Housing Justice Program includes Fellows hosted across Maryland, South Carolina, and Virginia. The Housing Justice Program is made possible thanks to the generosity of The JPB Foundation, JPMorgan Chase & Co., Abell Foundation, Maryland Legal Services Corporation, and Sisters of Charity Foundation of South Carolina, and the Community Foundation for a Greater Richmond.

Equal Justice Works is proud to introduce the 2023 class of Housing Justice Program Student Fellows. These four law students will spend their summer working alongside Housing Justice Program Fellows to increase access to housing justice in South Carolina. This inaugural class of Housing Justice Program summer law student Fellows is made possible through a partnership with the Charleston School of Law.

“Housing crises continue to affect communities across the country, and navigating eviction and landlord-tenant law is incredibly difficult without access to a legal advocate” said Laura Roach, Housing Justice Program at Equal Justice Works. “We are excited to support these four Student Fellows as they expand critical civil legal services in their communities and advocate for tenants’ rights to fair housing.”

Through the Housing Justice Program, Student Fellows will provide educational resources to communities, gain experience working with clients, and learn about the processes of representing tenants in housing court.

Meet our Housing Justice Program Student Fellows and learn more about how they will advocate for tenants’ rights and provide civil legal aid for tenants in South Carolina.

Austin Morgan, Charleston Law School

At South Carolina Legal Services, Austin Morgan will help address housing instability for low-income clients in the Charleston area. Austin will also work collaboratively with housing attorneys by assisting with case management, which includes the intake process, interviewing witnesses, and trial preparation.

Casey Popowski, Charleston Law School

At Charleston Pro Bono, Casey Popowski will work alongside 2022 Fellow Mary Templeton to prevent evictions and improve housing stability for low-income households. Casey will assist Mary by conducting outreach, client intake, and participating in courtroom observations.

Alyssa Munger, Charleston Law School

At Charleston Legal Access, Alyssa Munger will assist 2022 Fellow Taylor Rumble with implementing Housing Courts in Berkeley and Dorchester Counties. Alyssa will work with the court clerks’ office to coordinate dockets, conduct intakes with tenants, case management, and obtain pleadings. She will also provide administrative support and conduct community outreach.

Lindsay Barton, Charleston Law School

At Charleston Legal Access, Lindsay Barton will assist 2022 Fellow Taylor Rumble with implementing Housing Courts in Berkeley and Dorchester Counties. Lindsay will work with the court clerks’ office to coordinate dockets, conduct intakes with tenants, case management, and obtain pleadings. She will also provide administrative support and conduct community outreach.

Visit here to learn about the work of our Housing Justice Program Fellows and how they are advocating for policies and practices that protect the rights of all tenants.

The Housing Justice Program includes Fellows hosted across Maryland, South Carolina, and Virginia. The Housing Justice Program is made possible thanks to the generosity of The JPB Foundation, JPMorgan Chase & Co., Abell Foundation, Maryland Legal Services Corporation, and Sisters of Charity Foundation of South Carolina.

By Laura Roach, program manager for the Housing Justice Program at Equal Justice Works.

Equal Justice Works is currently conducting a legal needs assessment to understand the capacity of community-based organizations to meet the legal needs of low-income communities affected by evictions and involuntary displacement. The information collected through this assessment will help to inform strategic expansion of our Housing Justice Program, which places attorneys and community organizers at nonprofits to provide eviction prevention and advocacy services. If you belong to a legal aid organization interested in hosting a Housing Justice Program Fellow, please consider completing this needs assessment by Friday, May 26.

Housing is a fundamental human need and the basis for stability and security for families and individuals. Without adequate housing, other necessities of life—such as doing homework, holding down a job, cooking, or washing—can quickly become difficult. Home is the foundation around which we build our lives, and yet housing is portrayed as an investment vehicle for building wealth in the United States. Those who own houses are motivated to ensure the value of their properties rise while the “have-nots” must navigate the rental market where landlords are often bolstered not only by wealth, but by the law.

The Equal Justice Works Housing Justice Program seeks to even the playing field between landlords and renters by providing legal and community organizing support to low-income communities where landlords have the upper hand. First launched in Richmond, Virginia, in 2019, the Housing Justice Program (HJP) mobilizes lawyers and organizers as Fellows to provide legal assistance to those facing eviction and to advocate for reforms to advance housing stability. Based on the incredible success of the first cohort of HJP Fellows, Equal Justice Works grew the program from eight Fellows hosted at three organizations in 2019 to 32 Fellows across 18 organizations in 2022. Serving across three states, these Fellows combine direct legal services, education, outreach, and impact litigation to advance renters’ rights and hold bad-actor landlords accountable.

In sheer numbers, the current cohort of HJP Fellows made a significant impact during the first year of their Fellowships. Since Summer 2022, the Fellows have provided housing-related direct legal services to 1,989 households comprising more than 4,900 low-income individuals. Most cases were failure-to-pay-rent eviction cases brought by private landlords. When Fellows provided extended representation, they prevailed in 77% of cases, often preventing or delaying evictions to provide time for the affected households to find alternative housing. Fellows also secured over $1,580,000 in recovered and avoided monetary benefits for households at risk of displacement.

The Housing Justice Program is unique among Equal Justice Works Fellowships because attorney Fellows work in concert with organizer Fellows who build community relationships. As reported by host organization Virginia Poverty Law Center, “[the Fellow] has established relationships of trust with tenants in communities in Richmond and Henrico. Because of these relationships, tenants have been more willing to contact legal aid attorneys, attend tenant meetings and, most importantly, appear in court.” In fact, organizer Fellows referred 383 households to attorney Fellows for legal support. The referral relationship between organizer Fellows and attorney Fellows is reciprocal: attorneys frequently refer clients to organizers for resident services like rent and utility relief. To date, organizer Fellows provided resident services to 950 households, primarily led by Latina women with children, and comprised of more than 2,100 total individuals.

Through direct services, systemic injustices are clarified and HJP Fellows work together to advance tenant protections and advocacy efforts. To make housing more affordable, Fellows helped tenants secure rent stabilization in Prince George’s County, Maryland. The city of Mount Rainier passed a permanent Rent Stabilization bill capping rent increases at 60% of the Consumer Price Index (CPI) annually, making it the first municipality in Prince George’s County to pass such a measure. This bill will ensure that rent is more affordable and consistent for working families. In South Carolina, Fellows helped secure an Order from the Supreme Court, allowing counties across the state to establish Housing Courts that will help tenants access representation in eviction cases. In the Charleston Pilot Housing Court, 75–100% of tenants represented had their evictions dismissed or delayed.

As a collective force to be reckoned with, Housing Justice Program Fellows continue to advocate for the rights of families and individuals to live in stable and healthy homes. Fellows support local and state initiatives to establish permanent rental assistance, improve the accessibility of legal materials, and promote a right to counsel in eviction cases.

Building on the momentum of the Fellows, Equal Justice Works is currently conducting a legal needs assessment to understand the capacity of community-based organizations to meet the legal needs of low–income communities affected by evictions and involuntary displacement. The information collected through this needs assessment will help to inform strategic expansion of our Housing Justice Program, which places attorneys and community organizers at nonprofits to provide eviction prevention and advocacy services. If you belong to a legal aid organization interested in hosting a Housing Justice Program Fellow please consider completing this needs assessment by Friday, May 26.

Visit here to read more stories about the work of our Housing Justice Program Fellows and how they are advocating for policies and practices that protect the rights of all tenants.

The Housing Justice Program includes Fellows hosted across Maryland, South Carolina, and Virginia. The Housing Justice Program is made possible thanks to the generosity of The JPB Foundation, JPMorgan Chase & Co., Abell Foundation, Maryland Legal Services Corporation, and Sisters of Charity Foundation of South Carolina.

By Emily Blackshire and Sloan Wilson, 2022 Equal Justice Works Fellows who serve in the Housing Justice Program. Emily and Sloan are hosted by South Carolina Appleseed Legal Justice Center.

In every crevice of her home, there were cockroaches. There were leaks in the walls, holes in the ceiling, and sewage in the bathtub. She was still paying $750 each month in rent alone, and with an outdated and faulty electrical system, she was also paying upwards of $1500 a month in combined rent and utilities.

Like many other renters, Ms. R’s housing options were limited because, in her words, she had “no other choice.” She had an eviction filed against her a decade earlier, and despite the charge being dismissed by the landlord prior to her court date, it was still appearing on tenant record checks performed by prospective landlords. In spite of steady employment for years and a clean rental record, she also had a low credit score that would bar her from rental properties with credit checks in the application. She had a partner with a minor criminal history, removing the option of using his better credit or eviction-less record to secure an apartment. And she was a Black woman in South Carolina.

Fair Housing is a term that emerged in the 1950s and 1960s as a part of the “open housing” movement that sought to open exclusionary white neighborhoods to residents of color and ultimately resulted in the codification of the Fair Housing Act in 1968. When we talk about Fair Housing, historically we have referred to de facto segregation as a means of excluding residents based on their race, color, religion, gender, disability, or family status. But often, the reason we see low-income people of color excluded from housing is more nuanced than explicit bigotry in their landlord’s tenant selection. Across South Carolina, we hear reports of tenants unable to secure a place to live simply because an eviction was filed against them at some point, regardless of whether a writ of ejectment is formally signed finalizing their eviction.

South Carolina Appleseed is a legal justice center that focuses on policy and advocacy work for low-income South Carolinians. While we don’t directly represent clients in court; we work with communities directly to ensure that we can advocate for what legislative changes would benefit our neighbors. Time and time again, the communities we work with report barriers to housing that are tethered to their status in protected classes, but indirectly. And while conversations about Fair Housing aren’t historically tied to credit scores, eviction records, or criminal records, these experiences, disproportionately reflective of class and race, are explicit barriers to housing that is safe, fair, and affordable.

In our conversations about increasing Fair Housing, we encourage discourse about the underlying barriers to housing, too. In order to even the playing field for our neighbors, we need to advocate for policies that allow for eviction record sealing and expungements of past evictions. We must advocate for the right to counsel in eviction proceedings and eviction diversion programs that prevent these marks on tenant records in the first place. We must advocate for units with reasonable accommodations for tenants with disabilities and hold landlords who fail to meet the needs of disabled residents accountable. We must stay vigilant about potential Fair Housing violations, including discrimination through criminal arrest data and credit scores alike. And overall, we must take care of our neighbors and community members who all deserve safe, stable, affordable, and quality housing.

Our Equal Justice Works fellowships have allowed us to collaborate with tenants across the Midlands directly and regularly. From sharing about how the eviction filed against them kept them from safe, stable housing, to how an attorney at their court date could have kept them in their home, the tenants we get to work with guide each decision we make and each policy we ultimately choose to pursue. EJW has granted us the chance to both plug in with these tenants and to be a part of a multi-state network of like-minded attorneys and organizers working toward similar goals. Through these collaborations, both with tenants in our area and with other EJW fellows, we are equipped with invaluable context to hopefully, eventually shape housing policy across South Carolina.

The Housing Justice Program is creating a pipeline of passionate public service leaders who are advancing the ideals of fair housing. Visit here to read more stories about the work of our Fellows and how they are advocating for policies and practices that protect the rights of all tenants.

The Housing Justice Program is made possible thanks to the generosity of The JPB Foundation, JPMorgan Chase & Co., Abell Foundation, Maryland Legal Services Corporation, and Sisters of Charity Foundation of South Carolina.

The Housing Justice Program is the only Equal Justice Works Fellowship program that employs both lawyers and organizers. Fellows are hosted at legal aid and grassroots organizations in areas where evictions and housing instability have reached epidemic proportions. While lawyers can provide legal advice and representation to tenants facing involuntary displacement, organizers are imperative connectors and resources to communities.

By DeAnna B. Smith, a 2022 Housing Justice Program Fellow conducting outreach in support of tenants in Virginia

I started with the Legal Aid Society of Eastern Virginia in June 2021 as a Rent Relief Navigator, assisting thousands of Hampton Roads tenants apply for Virginia’s Rent Relief Program. Now, as an Equal Justice Works Fellow in the Housing Justice Program, I am focusing on conducting direct outreach through community partnerships, building tenant education programs, and supporting tenant-led advocacy groups in low-income public and subsidized housing in Southeast Newport News, South Norfolk (Chesapeake), and Portsmouth Virginia. Working with local community leaders and two attorney Fellows, the project is to connect tenants with the legal assistance, knowledge, and resources they need to address systemic issues plaguing the local housing markets.

The communities of focus are predominantly Black and low-income with a high concentration of public and subsidized housing. The current policy of the local public housing authorities is to reduce the availability of subsidized housing in favor of Housing Choice Vouchers, which increases competition at the bottom tier of the market, or to pursue HUD alternatives for public housing properties such as changing rental assistance types and demolishing or selling properties to private owners. Tenants in these communities are most impacted by increased rents, unsafe housing conditions, high eviction rates, and displacement.

Outreach is crucial, not only to this project but in the larger picture of housing justice, because it means reaching tenants who are marginalized, and most times ignored. People face different barriers trying to access legal assistance and knowledge and outreach is one way to remove some of them.

My role as a Fellow is to go into the communities and set up at local food panties and churches, attend community meetings and local events that center access to community resources. It is action-oriented, community-focused, and requires an openness to learning. I’ve learned a lot sitting outside of the courtroom on the day of court taking applications for legal services, working on a needs assessment with a local tenant’s association, and listening to tenants and other community advocates talk about the common issues they hear or see. It’s a collaborative effort that relies so much on these relationships in order to make a solution possible. Providing resources to make tenants stronger and more confident and connecting them with legal assistance is only one half of the movement. It is what we do with it and how we use it to make real change that determines the success of the work. My goal is to support tenants on their journey in finding and using their power to fight for safe, sanitary, and affordable housing.

Visit here to read more stories about the work of our Housing Justice Program Fellows and how they are advocating for policies and practices that protect the rights of all tenants.

The Housing Justice Program includes Fellows hosted across Maryland, South Carolina, and Virginia. The Housing Justice Program is made possible thanks to the generosity of The JPB Foundation, JPMorgan Chase & Co., Abell Foundation, Maryland Legal Services Corporation, and Sisters of Charity Foundation of South Carolina.

Equal Justice Works is proud to introduce the 2022 class of Housing Justice Program Fellows. Thirty-one Fellows will be hosted at eighteen legal aid and grassroots organizations in areas where evictions and housing instability have reached epidemic proportions. The program has expanded from Richmond to Northern and Eastern Virginia, and into South Carolina and Maryland.

The Equal Justice Works Housing Justice Program uniquely combines the efforts of lawyers and community organizers, working collaboratively as Fellows, to advocate for low-income and under-resourced communities.

Evictions have a disproportionate effect on communities of color, women, and children. Without access to safe and stable housing, individuals and families can face a variety of negative outcomes, including economic hardships and health problems.

Meet some of our Housing Justice Program Fellows and learn more about how they will be building collaborative partnerships among tenant groups and community members and engaging in activities to effect systemic change.

Equal Justice Works Fellows in the Housing Justice Program’s 2022 class have created projects to address a wide range of housing-related legal issues. Examples of these projects include:

Benjamin Apt, Legal Aid Justice Center

Benjamin’s Fellowship aims to foster the growth of affordable housing programs for low-income residents in Northern Virginia through research, representation, and advocacy. He has partnered with the Legal Aid Justice Center to raise awareness of the economic vulnerabilities that very low-income tenants, many of whom are immigrants, face.

DeAnna B. Smith, Legal Aid Society of Eastern Virginia

At the Legal Aid Society of Eastern Virginia, DeAnna will work with the Attorney Fellows to connect tenants with the legal assistance and knowledge they need to address the systemic problems plaguing local housing markets. DeAnna will also support tenants in low-income public and subsidized housing, conduct outreach, organize education sessions, and build partnerships with community organizations to provide a network of support in addition to legal services.

Emily Blackshire, South Carolina Appleseed Legal Justice Center

Emily’s project focuses on expanding tenants’ rights in counties across South Carolina. Throughout the Fellowship, Emily will partner with various actors and organizers in the community to create infrastructure for a housing court system that provides access to counsel for all tenants at risk of eviction.

Anne Boyle, Pro Bono Resource Center of Maryland

Anne will participate in her host organization’s rent clinic, where she will provide day-of-court, limited-scope representation to tenants in district courts for Baltimore City and County. She will also take on an in-house, landlord-tenant caseload and help the Pro Bono Resource Center to recruit, mentor, and support volunteer attorneys.

Warren Buff, Community Legal Services of Prince Georges County, Inc.

At his host organization, Warren will address housing insecurity by focusing on eviction defense in Prince George’s County, Maryland. He will also train local attorney volunteers to assist in tenant defense during eviction proceedings and will participate in education and outreach programs to help local tenants avoid eviction proceedings before they begin.

Jamesa D. Parker, Legal Aid Society of Eastern Virginia

Jamesa will connect tenants with the legal assistance and knowledge they need to address the systemic problems plaguing local housing markets in Virginia. This Fellowship will also connect with community allies to identify and provide direct and targeted legal services to the community.

Marianela Funes, Tenants and Workers United

As a Fellow, Marianela will engage in community outreach, relationship building, leadership development, and community organizing to build power and advance changes in local housing policies that preserve and expand deeply affordable housing for households at the lowest income levels.

Jake Kmiech, CASA, Inc.

In response to housing instability in Maryland, Jake is partnering with CASA, Inc. to represent immigrant communities facing housing instability throughout Maryland, ensuring they have access to safe housing and justice.

Brandon L. Ballard, Legal Aid Society of Eastern Virginia

Brandon will collaborate with activists and organizations in the community to tackle systemic barriers to housing by providing direct, targeted legal services to a subsidized—or otherwise low-income—multifamily complex. Brandon plans to empower the community by way of a tenant advocacy group, workshops, and door-to-door outreach.

Rebecca Leussing, Legal Services of Northern Virginia, Inc.

At Legal Services of Northern Virginia, Inc., Rebecca will provide legal representation to low-income clients facing eviction and exploitation by their landlords. She will work to build the network of organizations and community leaders who serve low-income individuals facing housing instability. She also aims to create accessible legal materials to arm people with knowledge of their rights and resources.

Malique Parker, Baltimore Renters United

Malique will work to increase tenant engagement by organizing in Baltimore City, where he will facilitate tenant-led organizing. He will develop a plan for Baltimore Renters United to conduct outreach in community spaces, implement bi-monthly city-wide tenant organizing meetings, offer trainings, and recruit tenant leaders to participate in national training with other tenant-led organizing groups.

DiNesha Rucker, Homeless Persons Representation Project, Inc.

DiNesha’s Fellowship will focus on eviction defense and increasing access to permanent housing for youth and young adults in Baltimore City, Maryland. By providing legal and educational assistance specifically for youths under 25 years old, DiNesha will seek to increase youth and young adults access to permanent housing.

Taylor Rumble, Charleston Legal Access

As a Fellow, Taylor will collaborate with local organizations to defeat barriers to legal representation in eviction hearings. By establishing Housing Court in at least two additional South Carolina counties, she will support tenants facing housing instability through the legal process.

Denise Thomas-Brown, Virginia Poverty Law Center

Denise will identify and support grass roots tenant organizations and groups throughout the state to help coordinate and guide them on policy advocacy. She will accomplish this by providing education and training, collaborating with tenant organizations, and conducting advocacy trainings.

Sloan Wilson, SC Appleseed Legal Justice Center

In response to rising rent prices and a rental home shortage, Sloan will provide resources and support for tenant-led advocacy groups in low-income housing complexes though community organization partnerships, distributed organizing outreach, educational sessions, and legal aid.

Charlie Zenker, Legal Services of Northern Virginia, Inc.

Charlie’s Fellowship will provide community outreach and legal services to promote housing justice in Northern Virginia. This project will partner with the community in know-your-rights trainings, outreach events, and direct legal services to make legal information and resources more accessible.

The Housing Justice Program is made possible thanks to the generosity of The JPB Foundation, JPMorgan Chase & Co., Abell Foundation, and Maryland Legal Services Corporation. Learn more about the program here.

This summer, Equal Justice Works is expanding its successful Housing Justice Program to communities in Maryland and South Carolina. The program began as a cohort of eight Fellows in Richmond, Virginia, in 2019 and has grown to offer 31 Fellowships for attorneys and community organizers across three states. The Housing Justice Program and host organizations are currently seeking 20 Fellows in cities throughout Maryland and South Carolina to start as early as August. The expansion of the Housing Justice Program is due to the tremendous achievements of the first cohort of Fellows, which are detailed in a report by Philliber Research and Evaluation, an independent research firm.

Equal Justice Works launched the Housing Justice Program in 2019 to provide legal assistance to those facing eviction and advance systemic reforms to address underlying inequities related to housing in Greater Richmond. Three civil legal services organizations in Richmond partnered with Equal Justice Works as host organizations for the 2019 cohort, which included six Attorney Fellows and two Organizer Fellows. These Fellows combined direct legal services, education, outreach, and impact litigation to advance the rights of renters and hold bad-actor landlords accountable.

To understand the impact of the Housing Justice Program, Philliber Research & Evaluation used a mixed methods approach to evaluate its success. This analysis determined that the Housing Justice Program strengthened the legal community’s capacity in Greater Richmond and increased access to justice for low-income tenants.

According to Philliber’s evaluation, the first cohort of Housing Justice Program Fellows increased access to justice by providing direct legal services and filing group action cases on behalf of low-income tenants. Fellows delivered briefs and extended services to nearly 2,000 low-income tenants, who had a median income of $12,528. Seven in ten of their closed cases were won and only 3% of the cases were noted as lost. In addition to direct legal services, Fellows filed and won three affirmative group cases that could impact larger groups of tenants with similar bad-actor landlords. Other cases, such as an ongoing Richmond Redevelopment and Housing Agency voucher denial case, could set precedence and ultimately benefit many public housing tenants.

Philliber also found that the Housing Justice Program strengthened low-income tenants’ capacity to advocate for themselves by facilitating “Know Your Rights” trainings and tenant town hall meetings. Through their outreach efforts, Housing Justice Program Fellows reached more than 40,000 people. Fellows further mobilized tenants by helping them to form or strengthen fifteen tenant organizations. Tenants became more engaged in advocating for their interests, with many renters attending meetings at the Richmond Redevelopment Housing Authority (RRHA) as it was reviewing an annual plan, policies, and planning for redevelopment. As a result, RRHA instituted an eviction moratorium in November 2019, and followed many of the Housing Justice Program team’s recommendations. Additionally, they succeeded in making changes to RRHA’s Admission, continued occupancy policies, and practices; and the agency agreed to participate in Richmond’s eviction diversion program, which has prevented hundreds of evictions in the city by facilitating payments plans for back-rent and connecting tenants with financial assistance.

Finally, Philliber’s evaluation showed that Fellows and their host organizations contributed to system advocacy efforts, which achieved changes to Virginia’s landlord-tenant laws that provided more protections for tenants. They strategically produced more than 100 media placements, conducted meetings with policymakers at the local and statewide level, published policy papers associated with General Assembly advocacy, and raised the voices of tenants during the legislative session. Through their efforts, Fellows supported the passing of legislation, including a bill to the right of redemption which allows tenants to pay rent-owed and cancel an eviction, and bills to strengthen protections against unlawful evictions.

Learn more about the key findings of the Housing Justice Program Evaluation by reading the summary report.