NCSC report shows fewer judgments, higher appearance rates with eviction diversion
December 11, 2024 -- Close to 90 percent of eviction cases in diversion programs are resolved without judgments against the tenant, according to a new interim report released in November.
"Reimagining Housing Court: A Framework for Court-Based Eviction Diversion" shows how eviction diversion programs can foster collaboration and connect parties to resources, leading to higher appearance rates, more sealed eviction records, and increased trust and confidence in the justice system.
“Housing instability doesn't begin or end in court, but courts can play a pivotal role in preventing evictions,” said Samira Nazem, project director of NCSC’s Eviction Diversion Initiative (EDI). “Each site participating in the EDI has shown that the harmful effects of eviction can be avoided or mitigated when landlords and tenants have additional time, information, and resources to resolve their housing disputes.”
A new model
NCSC launched its Eviction Diversion Initiative in 2021 to help courts respond to the nation’s growing eviction crisis by bringing community resources and other problem-solving strategies into the court process. Support from the Wells Fargo Foundation and Bank of America Foundation provided funding for staff and technical assistance to develop or enhance court-based eviction diversion programs and court improvements across 17 states and the District of Columbia.
The new report features the success of 24 state and local courts that are incorporating the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators' (COSCA) Guiding Principles of Civil Diversion into their programs. These principles encourage building alternative pathways for dispute resolution, fostering community partnerships, and enhancing public awareness about available resources.
Demographics & societal impacts
Interim findings show that about 80 percent of the more than 7,000 program participants identify as non-white, with all but four sites reporting that the majority of tenants identified as African American or Black. Additional data reveal that the risk of eviction disproportionately impacts women and children. Project sites also report a significant number of tenants with at least one household member with a physical or mental disability.
Success stories
The report highlights success stories, such as in Las Vegas, where tenants in eviction court worked with social workers to access $2.5 million in rental assistance. And in Harris County, Texas, the rate of tenants represented in court by legal aid attorneys increased from 3.27 to 11.45 percent after the diversion program was launched.
“We’re extremely pleased with the success of the program so far," Nazem said. "Each court is studying the data and adapting their program to meet the specific needs of their community and make the court experience more accessible and user-centered. These insights will help sustain the individual diversion programs for many years to come, transforming the housing court experience.”
Visit ncsc.org/edireport to read the report and view webinars that discuss various aspects of successful civil diversion programs.