Learn to Earn Dayton has aligned with community partners to implement a local pilot program
that would “level the playing field” for tenants facing eviction, by providing low-income renters
with legal representation to help them navigate the complex court system. The new pilot
program seeks to provide legal counsel and wrap-around services to 125 tenants who face
eviction in northwest Dayton.
During the October 23rd City Commission Work Session, Erica Fields, Senior Director of Strategic Initiatives, shared that the “Without an attorney, tenants are at a significant disadvantage and left to navigate the complex eviction process on their own, demonstrating a critical inequity in the current housing court system.”
About 97% of tenants in eviction cases in Dayton Municipal Court are self-represented,
according to court data shared during a Dayton City Commission work session last month.
In contrast, only about one in 10 landlords and property owners in local eviction cases are self-
represented. The vast majority have private lawyers.
“Legal counsel helps tenants in eviction cases obtain more favorable outcomes, which could
include negotiating a move-out or a repayment plan,” said Debra Lavey, senior attorney with
ABLE.
Lavey said, “The main goal is to keep people in their homes when possible. Providing tenants
with legal counsel should help prevent homelessness and increase housing stability.”
The pilot hopes to meet the varied needs of tenants, providing legal representation and social
work, education, and empowerment. While the underlying goal is eviction prevention, the
outcome could look different depending on the tenant’s needs. The program will pay for a full-
time staff attorney with Advocates for Basic Legal Equality Inc. (ABLE) to represent tenants. It
also will help cover the cost of services and support from a part-time social worker, a paralegal and an administrative assistant.
Supporters say lowering eviction rates has proven to significantly impact family economic
mobility, neighborhood stability, and student success.
“Our tracked data underscores the critical role of housing in student achievement. Chronic
absenteeism significantly heightens the risk of dropout, lower academic performance, and
unpreparedness for college or career. Housing instability is by far the greatest predictor of
students’ chronic absenteeism from school. This highlights how the housing insecurity crisis
disproportionately affects our young learners,” said Fields.
According to court data shared by Emma Smales, Director of Data and Impact for Learn to Earn Dayton, more than 3,100 eviction cases were filed in Dayton Municipal Court last year. About half of those filings were associated with residential properties in the 45405 and 45406 ZIP codes, which cover large parts of northwest Dayton.
Partners shared that residents have long advocated for an access to counsel program in
Northwest Dayton through The Power of Place Plan, a comprehensive community vision for NW Dayton neighborhoods.
A key aspect of this pilot is the data tracking and comprehensive evaluation, as the team works to determine how to scale to program to a larger geography and track if eviction prevention now may lead to greater economic mobility. Using the expanded data, the team will review of the challenges and successes in implementation, determine the estimated cost and fiscal impacts of implementing an ongoing eviction right to counsel in Northwest Dayton and in scaling across the region.
Partners shared that jurisdictions implementing right to counsel programs have seen cost
savings related to housing social safety net responses and in economic value preserved by
retaining residency.
The pilot recently launched Nov. 12 and has been designed leveraging the national expertise of Stout, and will be implemented by local legal aid organization, Advocates for Basic Legal
Equality, Inc. (ABLE). Support for the program has been provided by Blue Meridian Partners
and the Dayton Legal Heritage Foundation of The Dayton Foundation, with support from the
Wright-Patt Credit Union Sunshine Community Fund.
Additional partners include Dayton Tenants Union, Omega CDC Learn to Earn Dayton and
others.
Tenants facing eviction living in Northwest Dayton (zip codes 45405 and 45406) with a household income below 200% of the Federal Poverty Level, pregnant or have children living in the home are encouraged to apply directly or through a referral agency for ABLE’s services through the Legal Aid Line intake line at 1-888-534-1432 or www.legalaidline.org or visit ABLE’s Dayton office a 130 West Second Street, Ste. 700, Dayton, Ohio 45402.
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