Navigating Landlord Tenant Court and Housing Law in D.C.

It’s hard to believe that my summer internship is almost over. It’s been a jam packed summer full of learning moments. I’ve become familiar with not only my host organization but also the city of DC, as well. From navigating the metro to exploring the museums there is always something to do.  Washington DC is a great place to be as an intern. There are many events geared towards interns. My cohort of interns have been to multiple events hosted by the Washington Lawyers Committee that explores law and politics. Recently we went to a panel featuring D.C. judges entitled “Poverty From the Bench”. We heard judges discuss poverty and how it affects our judicial system. They also shared how they try to make rulings that are not biased. It was inspiring to hear these judges speak.

As an undergraduate intern, in the housing unit at the Legal Aid Society of the District of Columbia, I have  interacted with members of the client community in person and over the phone. As part of my internship, I spend two days of the week working at our courthouse project. The courthouse project provides clients with same day representation on their first court appearances in their housing cases. These cases tend to be eviction cases. In D.C. if a landlord wants to evict a tenant, they have to go through the courts in order to do so. I believe that this is a good process due to the fact that tenants have the right to fight against the eviction. However, I have learned that in practice there are many problems with the landlord tenant court proceedings.

A very important statistic that I learned early on in my internship is that 90% of landlords have lawyers in these proceedings, while only 10% of tenants are represented. This creates a power differential between landlords and tenants. Often times, tenants that are unrepresented get intimated by their landlords’ lawyers and consent to a move-out agreement even though they  frequently do not have anywhere else to live. There is a book by Matthew Desmond that goes into detail about eviction statistics entitled “Evicted: Poverty and Profit in the American City”.

Photo From the Evicted Exhibit

There is currently an exhibit dedicated to this book and eviction work at the National Building Museum. Ironically, the museum is directly across the street from the landlord Tenant Courthouse in D.C.. As part of our internship program, I went to this exhibit with my fellow interns. It was truly an eye opening experience for me. I don’t think I ever knew just how bad evictions were not only in D.C. but across the country as a whole. The exhibition contained a section that talked about the Right To Counsel. Right To Counsel (RTC) is a movement that supports individuals having guaranteed representation in civil matters. While the sixth amendment of the constitution grants us a right to an attorney in criminal matters, it does not apply to civil matters such as housing cases.

Photo From the Evicted Exhibit

The Legal Aid Society of D.C’s Courthouse project is  a part of this movement. Housing lawyers are down at the courthouse five days a week to serve as “AOD” (Attorney of the Day) to help represent as many clients as possible. Unfortunately, there are to many cases on the docket and not enough attorneys. The average number of eviction cases on any given day is roughly 160. Of those cases, approximately half are deemed defaults which means that the tenant did not show up for court. This is very disheartening and something that the attorneys I work with are hoping will change. Being able to work down at the courthouse has been inspiring and motivating. It has led me to believe that my desire to go to law school is very much what I want to do in the future. I want to be able to help provide legal services to those that are underrepresented. I believe that everyone should have a right to counsel in cases that can have an affect on their well being such as eviction cases.

 

My First Week At Legal Aid

 

This summer, I am interning at the Legal Aid Society of the District of Columbia. At the Legal Aid Society, the attorneys are committed to “Making Justice Real” for their clients. The organization is composed of 4 practice areas which are, Consumer Law, Domestic Violence/Family Law, Housing Law, and Public Benefits Law. This summer, I will be working in the housing unit. The housing unit is the biggest area of practice at Legal Aid. A majority of the housing cases that legal attorneys work on are centered on evictions.

In the District of Columbia, there is a two tier court system. There is the lower level court system, the Superior Court and the Court of Appeals (which is equivalent to a state’s supreme court). This two tier system is  unique to D.C. due to it operation as a city-state.  Fun Fact: Judges in D.C. are not elected but appointed  by the President and confirmed by Congress. Currently, there are vacant Judges seats on both the Superior Court level and the Court of Appeals level. This has resulted in Judges having to hear more cases than they normally would. Housing matters are heard in Landlord Tenant Court, which is apart of the Superior Court system. The Landlord Tenant Court has its own building due to the high volume of cases that occur daily. During my first week, I was able to take a tour of Landlord Tenant Court. On any given day, there are approximately 160 cases on the docket.

The District of Columbia has one of the highest income gaps in the country. This has led to wide gentrification throughout the city. Historically, D.C was a city that had a majority African American population. However, many of the families that have been here for a long time are being pushed out of the city in to areas of Maryland and Virginia. There is a book entitled, Dream City that goes into depth about the racial makeup of the city. It’s a good read for those interested in learning more about D.C.. The majority of clients that Legal Aid serve are apart minority groups.

I am very excited to be working at this amazing organization for the summer. As someone that is very much interested in law and social justice, the Legal Aid Society seems to be the perfect fit for me. I have academic, career, and personal goals for the summer. My academic goal is to be able to apply legal terms and concepts that I have learned in my legal studies courses to real world cases. My career goal is to learn more about Public Interest/Poverty Law. My personal goal is to develop and improve different skills that I have. Rather it be in foreign language, oral and written communication, or analytical skills.

I am apart of a robust internship program. There are many things I have to look forward to this Summer, including being able to go to the Supreme Court. There are a total of 11 interns in my cohort (8 law students and 3 undergraduate students). I’m excited to get to know and learn from them. Week One was a success, and I can’t wait to start “Making Justice Real” throughout my internship.


– La’Dericka Hall