Lehigh County and the Allentown area have some of the highest rates of eviction statewide, worsening the region’s affordable housing and homelessness problem.
But what if eviction proceedings took place in a “housing court,” where a judge presides exclusively over civil housing-related issues like evictions and code violations?
It’s something Allentown is considering as part of its “comprehensive housing strategy,” which it will unveil publicly this year. Could a housing court help curb staggering levels of eviction in the city?
Allentown Community and Economic Development Director Vicki Kistler said the city has “not fully fleshed out” what a housing court would look like or if it would be feasible to implement, but said it could be a tool to tackle soaring rates of eviction.
“We would have to approach our partners and our presiding judge who deals with the oversight of the magistrate and have a conversation,” Kistler said. “But I think that in reading the description of the housing court and the purpose of a housing court, it certainly fits into some of the options that have been brought up … as possible ways to address and to expedite, as well as to fully change, the way we all approach eviction and the housing issues.”
Indeed, Allentown has markedly high rates of eviction than the statewide average. In some parts of Allentown, the Lehigh County seat — specifically ZIP code 18102 in Center City — over 40% of renters are at risk of eviction.
Lehigh County as a whole has the third highest eviction rate in Pennsylvania, with almost 14 out of every 100 renters likely to face eviction post-pandemic, compared with the state average of 7 out of 100, according to a study from the Housing Alliance of Pennsylvania. Northampton County was ranked eighth, with just over 8 out of 100 renters facing eviction.
A state moratorium on evictions, as well as federal emergency rental assistance programs, helped curb eviction filings during the pandemic: Rates reached a low of 3.59 eviction filings for every 100 households between July 2020 and June 2021.
But as those programs expired, eviction filings have returned to the same rate as pre-pandemic and, in Lehigh County, rates are even higher than they were before 2020.
The Lehigh Valley has a well-documented affordable housing problem and tenants who cannot keep up on rent payments — usually those in poverty who are “cost-burdened,” meaning they spend more than 30% of their total income on housing costs, or more than 50% if they are “extremely” cost-burdened — are at high risk of being evicted.
“If something goes awry, you can’t afford to pay for your housing; if you fall behind enough, your landlord will file an eviction notice and it begins to spiral,” said Lori Malloy, executive director of the nonprofit North Penn Legal Services. “You may be able to resolve that but it adds hundreds of dollars in fees.”
North Penn provides legal representation to tenants facing eviction in Lehigh and Northampton counties at two local magistrates, but it does not have the resources to represent every tenant facing eviction, Malloy said, and the scheduling of evictions at district courthouses can present challenges.
Evictions, which are heard at the district judge level, are scheduled intermittently alongside other types of hearings — traffic citations, small claims, misdemeanors — which can make it difficult to have a lawyer available to represent tenants.
“It’s very difficult for a program, even if they just wanted to send over a support staff person about rental assistance, to be there all day long, all day for when a landlord-tenant case might come in,” Malloy said. “So that’s where the scheduling in a particular afternoon or morning or one day depending on the volume is helpful to be able to provide representation.”
The prospect of a housing-specific court has a precedent in Pennsylvania.
In Philadelphia, one courtroom is dedicated solely to eviction proceedings, called the Landlord-Tenant Court. And since 2017, thanks to a city initiative called the Philadelphia Eviction Prevention Project, public interest firm Community Legal Services staffs a “lawyer of the day” program, which makes a lawyer as well as paralegals and court navigators available to tenants facing eviction.
Very few tenants facing eviction have the means to hire a lawyer, but legal representation can make a huge difference in the outcome of their case. For example, according to a study published in the Harvard Law Review, tenants that had legal representation saw a 77% decrease in eviction judgments.
“When you have an attorney, you’re able to understand what your options are,” said Rachel Garland, a co-managing attorney at Community Legal Services in Philadelphia. “We talk through their situation, we talk through what the evidence is, what the landlord has, and list out for them the pros and cons and work with them whatever their goal is to try and reach that goal.”
Sometimes that looks like a payment agreement reached between between the tenant and the landlord, or connecting the tenant to a rental assistance program to help them make up the difference with what they can afford for their rent payment. No matter the outcome, legal representation can help a tenant avoid the traumatic experience of an eviction, Garland said.
And bolstering legal representation for tenants could be a tool to combat rising homelessness in the area: According to the Lehigh Valley Regional Homeless Advisory Board‘s 2023 point-in-time count, 465 households made up of 686 people were homeless in Lehigh and Northampton counties, a 6.6% increase since before the pandemic. That number is expected to increase “dramatically” in 2024, according to an advisory board news release.
Allentown’s comprehensive housing strategy, which it expects to make public before the summer, could outline if and how the city would establish a housing court.
Because it is a third-class city, it cannot follow the exact framework of Philadelphia, a first-class city with its own municipal courts.
But a state statute allows the Court of Common Pleas in a given judicial district to establish a housing court with jurisdiction over most housing-related legal issues. The city could lobby local judicial offices to do just that.
Advocates say a housing court could be an important step forward, but should be done in tandem with bolstering legal representation programs and rental assistance and resources, to prevent eviction and keep people from homelessness.
“If the county courts would work with them to create a housing court on those issues, that may be helpful,” Malloy said. “What that looks like, I don’t know.”
Reporter Lindsay Weber can be reached at [email protected].