Legal Aid for Tenants: An Overview
When we talk about legal aid for renters, we mean both something that the government has set up to help people and something specific to our firm. Legal aid is short for "legal aid certificate," a funding program from Legal Aid Ontario that covers lawyer’s fees for some people, depending on their financial situations and legal issues. Tenant lawyers at Howie Sacks & Henry apply for these certificates when they think that a case merits it for a client. From the context of your case, the lawyer will have decided that legal aid can cover: The government has set aside money and a certain number of certificates for this work. Legal aid staff members review applications before allocating funds. But the word "aid" isn’t quite correct here, because getting a legal aid certificate isn’t a guaranteed right. If you don’t meet the criteria, you are out of luck. And figuring out what that criteria is not always so easy. The easiest case for legal aid is an application in which the tenant wants to bring an application. In other applications, where the party being evicted is bringing the application, it is harder to get a certificate. This is the category where most people asking us about legal aid fall. We will only apply for it if we expect and feel that at least part of what the applicant wants to argue is a type of "violent entry" that allows us to ask for a stay . Legal aid staff not only decide whether or not you qualify, but also make some decisions about what the application might "merit." As tenant lawyers, we know some of these lawyers well, and we know how they will tend to see things. And the cost of the legal aid certificates? The full cost of a simple motion like this is about $600. Legal aid pays for all of this work. Essentially they send the bill to the firm and use the money they get from the province of Ontario to pay us back. We have been speaking here as if legal aid is available only to tenants or clients (but not always the same person). But this isn’t quite true. In certain situations, a landlord can apply for a legal aid certificate – for example, if they have, say, a problem tenant who is 5 months in arrears, and stalling court dates because they can. And they will never leave voluntarily because of safety concerns, including threats. In those special circumstances, a landlord facing eviction will find that they may also have access to legal aid – up to a point. For tenants facing rent assistance under threat of eviction in small claims court, they can also apply for a legal aid certificate. There are other cases as well, but these two are the most common.
Who is Eligible for Rent Assistance?
Typically, to qualify for legal aid related to rent assistance, you have to demonstrate a financial need and meet certain other criteria. Most agencies that provide legal aid for rent assistance look to see if you have an income at or below the federal poverty guideline. As of now, this figure stands at $12,760 for a single individual, with an additional $4,480 for each additional household member. For example, a family of four would need to have an annual income at or below $26,162 to qualify for legal aid services.
Any increase to this guideline is very small from year to year. Therefore, some individuals and families who previously qualified for legal aid may no longer qualify with each passing year. It’s a good idea to check your eligibility periodically so that you know if and when you might need to make other arrangements for legal counsel.
Other factors that could impact your eligibility for legal aid regarding rent assistance include your residency status or whether you have already broken some kind of rule regarding your lease or mortgage. Many legal aid services require you to be a resident of the state in which you are applying for assistance, and some may also restrict assistance to citizens or legal residents of the United States. Even if you meet all these requirements, you may not qualify for assistance if you are deemed to be substantially at fault for something that has gone wrong with your lease or mortgage.
Applying for Legal Aid: A Step-by-Step Guide
If you think you may be eligible to apply for legal aid in rent assistance, the application process is straightforward. The first step is to contact the relevant Legal Aid or Legal Services Commission office within your state or territory. Each state and territory will have dedicated forms or online resources specifically for legal aid regarding housing matters.
Next, gather all of the necessary documentation, which may include your current rental agreement, details of any correspondence with your landlord, and personal identification. It’s a good idea to write a brief description of your situation, outlining the key issues you face and what financial assistance you require. Once you have all your paperwork in order, you can complete your application.
When it comes to documents needed, a Rental Agreement Form is essential to verify your tenancy status. You will also likely need to provide evidence of payment or non-payment of rent, such as bank statements or receipts. Additionally, you may need to submit identification proof along with other forms they may ask for during the application process. Be sure to read through the application requirements carefully, as each commission or department may ask for different documents.
Submitting your application for legal aid for rent assistance can either be done in person or online, depending on the commission or department. If applying in person, you may be asked to bring all necessary documentation to the office. In some cases, you can make an appointment for a dedicated legal advisor to look into your case. Online applications are typically quicker, as they can be submitted from anywhere with Internet access.
In any case, when filling out an online or physical application, make sure to keep copies of any documents you provide. It is also advisable to send the application via a traceable method such as registered mail, so you have proof of application delivery. The review process for legal aid can take some time, but once your application has been processed, you will receive a notification regarding the outcome.
While legal aid for rent assistance may seem daunting, keeping organized and following the application process closely will improve your chances of being awarded financial support.
Tenant Rights and Protections
After a landlord has given you an eviction notice for non-payment of rent or an eviction notice under the Landlord and Tenant Act, you may receive court documents for your hearing that are known as a Notice of Claim. The Notice of Claim will likely include a date for your court hearing regarding the eviction/possession action. The Notice of Claim and the date of the hearing will provide you a clear opportunity to protect your rights to "Stop the eviction." A lawful eviction occurs only after a successful lawsuit is filed and won by the landlord. The most common type of eviction suit is an action for possession of rented premises because of unpaid rent. In this situation, once you are served your written eviction notice (on or after the 7th day following your non-payment of rent), you have 7 days to pay your back rent if you want to continue to rent your home. If you want to continue to rent your home, you must pay your back rent within the 7-day time period or you face an "unlawful" eviction.
If you don’t pay the rent during the period of time provided in the Notice of Claim, you will be subject to "proper" removal or "eviction" after the hearing unless you have done something about it ("stopped the unlawful eviction"). Your best option to "Stop the unlawful eviction" is to hire a legal aid attorney or Free Legal Clinic counsel for assistance. With an attorney, you can bring a counterclaim against the Evictor/landlord for any damages you are entitled to under the law. If you file a successful counterclaim against the Evictor/landlord, the landlord/Evictor is responsible for your legal fees. The court at the hearing will determine the amount of your damages against the Evictor/landlord and order the award of those damages to you . Once you are awarded your damages against the Evictor/landlord it is very easy to collect: You hire an attorney to garnish the Evictor/landlord’s wages! Winning your eviction/possession action does not mean your problem is solved. At the end of the case if you have successful defended the action you will need evidence to offer to the court (under the rules of evidence) that lawyers know little about and will not be helpful to you about. Free help is available if you want to "Stop the unlawful eviction" at the next stage of the hearing process.
Landlord/Tenant Laws in California protect you from "unlawful" forced entry and ejection from your home or apartment. These laws protect you as a tenant from forceful ejection from your apartment or home by the landlord, any of his/her agents or employees, and the police. If you are threatened with a "self-help" eviction (without the lawful intervention of local law enforcement), you have the right to call the police and insist the threat against you be removed from you, your family and your property. If you are experiencing a potential "self-help" eviction, you may want to seek the advice of a lawyer.
The following is a list of common illegal "self-help" evictions that can/may lead to an unlawful entry on your person or in your building and/or your apartment:
In addition to the above, the following landlord actions are also illegal "self-help" evictions and may lead to unlawful entry on your person or unlawful entry into your apartment, house or mobile home:
Before using any of the above listed "self-help" techniques, remember the law requires you ask the local authorities (police) to intervene and safeguard you against the "self-help" eviction attempt.
Agencies and Organizations Providing Assistance
Resources and Organizations Offering Help with Legal Aid for Rent Assistance
Legal aid for tenants facing rent disputes or eviction can be found at both national and local levels. Although coverage and availability may vary, there are a number of resources that state and local agencies and non-profit organizations can turn to.
National Organizations
The National Low Income Housing Coalition (NLIHC) provides a state-by-state map of housing assistance resources. Their federal resources page can also provide assistance, as it is dedicated to information and resources that help people find affordable housing.
Federal agency resources are also available through the Department of Housing & Urban Development (HUD). Clickable state-maps with information such as local offices, fair housing assistance, and housing counselors make it easy to find specific resources.
State and Local Organizations
Tenants must go through the proper channels in order to seek legal aid for various needs related to rent and housing. Tenant’s Rights states that most states allow tenants to recover attorneys’ fees when filing a legal claim against their landlord. There may also be stipulations as to whether funding is allocated on a per-case basis or a per-organization basis, which could limit the availability of certain programs for interested parties.
1. Self-help
Many states provide free legal assistance to low-income residents who are facing issues with their landlord at any stage, including eviction. The legal documents used during any stage in the process may also be available for tenants. Tenants can usually find this information on the official website for their state or locality.
2. Non-Profit
Many community-based organizations are dedicated to aiding tenants through different stages of the legal aid process. Organizations such as "HelpFinder" and the United Way are two examples of non-profits providing services to those in need of legal aid.
3. Legal Clinics
Some law schools offer "free legal assistance to individuals of limited means in the community through a series of clinical programs." Individuals interested in working with a legal counselor should call any local law campus handling cases for more information on how to get informal legal advice.
Case Examples: Renters who Won
The legal aid success stories for renters are numerous and spread across many facets of the rental market. For every tenant evicted from a rent-controlled apartment who is able to stay because of assistance from a lawyer, there is a working parent who is able to stay in a home because a Housing Authority won an appeal on the legality of their housing application countable income. Here are just three of the many legal aid success stories for renters that have helped tenants cross the proverbial line to legal apartments: Luis is a 35-year old with mental health impairments and AIDS who was living in Section 8 housing with his longtime partner. Luis was also in recovery from several health complications. His partner was never added to his Section 8 application , and he feared eviction if his partner were to remain at home. He received volunteer legal aid representation and was granted permission by a Hearing Officer to add his partner to his Section 8 lease as if he had applied when he first moved in. Without legal aid, Luis would not have fully qualified for housing assistance hours from his Housing Authority. Because of legal aid representation, Luis was able to continue receiving Section 8 assistance at the same time as his partner received community care hours for Medicaid.