Eviction in the United States
[2] Historically, the United States has seen changes in domestic eviction rates during periods of major socio-political and economic turmoil—including the Great Depression, the 2008 Recession, and the COVID-19 pandemic.
This can make it more difficult for renters to access future housing, since most landlords will not rent to a tenant with a history of eviction.
[8] In 1832, the Supreme Court ruled on the case Worcester v. Georgia, stipulating that the evacuation of the American Indian tribes was unconstitutional.
In 1948, Congress passed a law that would reimburse Japanese Americans for their material losses; however, only ten cents of every dollar was repaid.
[20] In response, the federal CARES Act included an eviction moratorium for federally-backed rental properties; however, this expired on July 24, 2020,[21] and no enforcement mechanism was provided.
The order does not eliminate individual obligations to make housing payments, pay the rent, or add interest, if applicable.
For instance, evictions due to criminal activity, violation of building codes, and threats to other residents' safety are allowed under the order.
[25] For instance, the state of Massachusetts issued the "Bill providing temporary protections for renters and home owners during the COVID-19 emergency".
[2] In other words, when no written law applies to an eviction case, past court decisions are used to guide judge rulings.
[2] For instance, the organization of a court's docket systems can impact the amount of time it takes a landlord to carry out an eviction.
[45] Disadvantaged neighborhoods with high eviction rates face constant instability, which further disincentivizes community investment and involvement.
[57] When housing pressures are extreme, even middle-class and working-class renters are evicted by landlords eager to capitalize on the rising market rates, such as in San Francisco during the various tech booms.
In such circumstances, landlords may seize upon minor violations that were previously tolerated, such as keeping a small pet or storing a bicycle in the hallway, to evict renters.
The situation in California is aggravated by the Ellis Act, which allows landlords to evict tenants and immediately sell vacant apartments as condominiums.
[1] A lack of financial resources can be a barrier to accessing legal representation, which puts low-income renters at a disadvantage in court.
[1] Unexpected financial costs—such as job loss, drop in income, or medical bills—can jeopardize housing stability and potentially lead to eviction.
In a study published in the Harvard Civil Rights–Civil Liberties Law Review, researchers investigated the relationship between Hispanic origin and eviction in Milwaukee.
[45] Greenberg et al found that having a child is more strongly correlated with neighborhood eviction patterns than race, gender, or class.
[68] Experiencing eviction is associated with many negative socioeconomic outcomes, including an increased risk of housing instability, job loss, homelessness, and poor health.
[1] Through this screening, landlords can find information about prospective tenants' criminal backgrounds, credit scores, and eviction history.
[6] Evicted individuals are often forced to accept lower quality housing and move to neighborhoods with higher crime and poverty rates.
[70] Evicted individuals are uprooted from their communities, forcing them to sever ties with family, schools, religious organizations, and other social support systems.
Following an eviction, tenants may also lose personal property—personal possessions are routinely thrown away, left on the sidewalk, or placed in storage that can only be accessed by paying a fee.
[71] Protecting or recovering personal possessions can be particularly difficult for poor, elderly, and disabled individuals, who may be unable to access or afford storage.
[1]Various studies have emphasizes that evictees are more likely to experience negative mental health outcomes, including anxiety, depression, psychological distress, and suicide.
[75] Additionally, across the 27 states that participate in the National Violent Death Reporting System in 2015, 3.8% of those who committed suicide with known circumstances had recently experienced eviction.
[78] Following an eviction, low-income renters often cannot secure decent housing, forcing them to settle for poorly maintained or unsafe units.
Renters in substandard housing units may face increased exposure to dust, mold, allergens, pests, and other hazards.
Exposure to lead, even in small doses, can have serious health consequences for children, including developmental delays, decreased intelligence, and serious neurological and brain damage.
Mental health also plays a role in the increased transmission of STIs, as sexual activity has been seen to be used as a coping mechanism for the associated stress with eviction.
