Statutory Protection for Renters: Classification of State Landlord–Tenant Policy Approaches

Hatch, Megan E.

doi:10.1080/10511482.2016.1155073

Cited by 68 publications

(58 citation statements)

References 25 publications

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“…Beyond the filing timeline, there are a number of procedural differences that impact our respondents’ perspectives on eviction. In Hatch's () classification, Texas and Ohio are “probusiness” while Maryland is “protectionist.” In Dallas, evictions are much more efficiently implemented; most respondents estimated that if a tenant is late on their rent, they can be evicted, a unit turned over, and a new tenant housed by the beginning of the next month. This is not the case in either Baltimore or Cleveland, where even if everything works perfectly from the landlord's point of view, an eviction takes at least five weeks, meaning a minimum of two months lost rent.…”

Section: Methodsmentioning

confidence: 99%

“…The academic literature on eviction can be roughly placed into two categories. The first considers the legal issues related to eviction, specifically the role of the courts in supporting (or denying) the rights of poor tenants to remain in their homes (Hatch ). The second, dominated by Matthew Desmond's work in Milwaukee, looks closely at who is evicted and the consequences of that eviction.…”

Section: Introductionmentioning

confidence: 99%

“…Much of the policy relevant work on eviction has examined how the process unfolds in the courts, specifically what rights are granted and exercised by landlords and tenants (Hatch ). Using 22 statutes encompassing various aspects of the landlord–tenant relationship, Hatch developed a taxonomy of state‐level approaches.…”

Section: Introductionmentioning

confidence: 99%

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Serial Filing: How Landlords use the Threat of Eviction

2019

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While recent research has illustrated the frequency and deleterious consequences of eviction, the number of executed evictions pales in comparison to the number of poor families threatened with eviction. This paper uses interviews with 127 randomly sampled landlords and property managers in Baltimore, Dallas, and Cleveland to examine their strategies related to eviction, with a focus on the extended process of evicting rather than the discrete instance of eviction. We find that landlords generally try to avoid costly evictions, instead relying on the serial threat of eviction. By redefining renters as debtors, filing assists in rent collection by leveraging the state to materially and symbolically support the landlord's debt collection. At the same time, housing tenants in small amounts of arrearage aggravates the power imbalance within the landlord–tenant relationship. It gives landlords the legal pretext to remove a tenant for any reason and prevents tenants from exercising their legal rights regarding code enforcement. These findings emphasize the importance of examining the precarious and power‐laden relationship of landlords and tenants while they are still in residence. Poor families live under constant threat of eviction, facing housing insecurity, fees, and legal sanction, with negative impacts for their sense of home and community.

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Section: Methodsmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Serial Filing: How Landlords use the Threat of Eviction

2019

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“…Finally, some states may specify a 'default length' of a lease if the duration of the lease isn't specified (Hatch 2017). …”

Section: Rental Unit Possessionmentioning

confidence: 99%

“…In addition, some states have adopted statutes prohibiting discrimination on the basis of sexual preference, marital status, and other characteristics. Some states and localities also prohibit landlords from discriminating against applicants with rental vouchers or other forms of public assistance ('source of income discrimination') (Hatch 2017;Freeman and Li 2013). Some states also ban retaliatory actions on the part of landlords (evictions, rent increases, harassment) against tenants for complaining about health and safety violations or other concerns (Hatch 2017).…”

Section: Anti-discriminationmentioning

confidence: 99%

The changing institutions of private rental housing: an international review

Martin¹,

Hulse²,

Pawson³

2018

AHURI Final Report

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Related reports and documents AHURIAHURI is a national independent research network with an expert not-for-profit research management company, AHURI Limited, at its centre.AHURI's mission is to deliver high quality research that influences policy development and practice change to improve the housing and urban environments of all Australians.Using high quality, independent evidence and through active, managed engagement, AHURI works to inform the policies and practices of governments and the housing and urban development industries, and stimulate debate in the broader Australian community.AHURI undertakes evidence-based policy development on a range of priority policy topics that are of interest to our audience groups, including housing and labour markets, urban growth and renewal, planning and infrastructure development, housing supply and affordability, homelessness, economic productivity, and social cohesion and wellbeing.

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