Document Type

Working Paper

Publication Date

6-27-2017

SSRN Discipline

LSN Subject Matter eJournals; ERN Subject Matter eJournals; Financial Economics Network; Sustainability Research & Policy Network; Management Research Network; Economics Research Network; Legal Scholarship Network; Law School Research Papers - Legal Studies; Law & Society eJournals; Law & Society: Private Law eJournals; Law & Society: Public Law eJournals; SRPN Subject Matter eJournals; Health Law eJournals

Abstract

People spend more time in their homes than in any other location As a result the majority of allergen irritant and toxic substance exposure occurs in the home Substandard housing conditions disproportionately impact lowincome minority tenants who are confined to areas where the housing stock is poorly maintained For tenants with publiclyavailable eviction records it is nearly impossible to obtain safe decent and affordable housing this threatens not only the tenant but also her family members' ability to achieve their full potentialEviction proceedings are a routine occurrence in courtrooms across the country The large volume of eviction filings threatens the due process rights of tenants particularly those that are pro se For example in Chicago the average duration of a hearing is under two minutes and landlords are seldom required to establish the elements of a prima facie case entitling them to an order of possession Additionally whether to place an eviction court file under seal is discretionary in nearly all jurisdictions In practice because the due process rights of pro se tenants are commonly violated eviction court files are rarely placed under seal Consequently nearly all tenants named in detainer actions have a publicly available record linking them to an eviction regardless of fault and regardless of whether a judgment was entered In a digital age in which personal information is easily accessed and aggregated court records result in automatic damage to an individual's renting prospects These records are culled by tenantscreening companies and sold to prospective landlords thereby creating a "tenant blacklist" As a result any tenant who has been named in an eviction proceeding is effectively barred from obtaining safe decent and healthy housingFollowing a courtordered eviction tenants struggle to find replacement housing that is both affordable and habitable Consequently eviction almost always results in a "downward move a relocation to a disadvantaged neighborhood andor substandard housing" Because many landlords will not rent to tenants with a record of eviction proceedings these individuals often must accept conditions worse than their previous housing Compounding this issue there is a welldocumented clear connection between housing quality and residents' health outcomes For example research demonstrates the harmful relationship between health outcomes "” such as asthma malnutrition accidents lead poisoning and injury "” and household conditions "” such as vermin and pest infestation lead paint aging appliances and building code violationsOvercrowding and substandard housing are also associated with poor mental health and developmental delays Because tenants with records of eviction proceedings are typically relegated to the bottom of the housing market they are particularly vulnerable to negative health outcomes that result from substandard housing conditions Current remedies such as sealing the record permitting disclosure only in certain circumstances and imposing time limits do not provide adequate protection for vulnerable tenants who are predominately lowincome and minority individualsHealth equity is concerned with the capability of an individual to achieve her full health potential When health equity is achieved no one is disadvantaged from reaching her full health potential by social determinants such as socioeconomic status gender nationality race or eviction history Tenants with eviction records do not have this luxury This is not the result of a personal decision but rather from forces outside of the tenants' control beginning with a dearth of attorneys to uphold the rights of tenants in eviction court and culminating in substandard housing stock Evicted tenants and their families often do not have the opportunity to prioritize good health These families largely have no choice but to live in unsafe substandard housing and do not have additional resources to devote to preventative or corrective health Using a health equity lens to evaluate eviction processes and policies will help eliminate barriers tenants face in obtaining habitable housing and positively affect residents' opportunitiesThis Article analyzes the relationship between the eviction court process including unlawful detainer law and eviction court procedure and health outcomes for tenants Because eviction records are publicly accessible in nearly all jurisdictions tenants named in those records are excluded from healthy housing This Article proposes using a health equity approach to eviction court that protects tenants from dangerous health consequences Part II examines the current state of eviction court proceedings Part III discusses how records of eviction proceedings threaten the health and wellbeing of tenants Part IV analyzes how current law fails to adequately protect tenants from the negative health consequences of eviction proceedings Part V uses a health equity analysis to advocate for policies that contemplate the health of tenantdefendants

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