ATJ Conf RHEIR 6 1 2011
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Presentation on the probable disparate impact of judicial records systems on the rental housing opportunities of African-American women with children. Given at 2011 Access to Justice Conference in Kennewick, Wash.
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![Eric Dunn, Staff Attorney Northwest Justice Project 401 Second Ave. S., Ste. 407 Seattle, Washington 98104 Tel. (206) 464-1519, ext. 234 [email_address] Merf Ehman, Managing Attorney Columbia Legal Services 101 Yesler Way Seattle, Washington 98104 Tel. (206) 287-9651 [email_address]](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
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ATJ Conf RHEIR 6 1 2011
- 1. Rental Housing’s Elephant in the Room The probable disparate impact of unlawful detainer case records in rental housing admissions
- 2. Eric Dunn, Staff Attorney Northwest Justice Project 401 Second Ave. S., Ste. 407 Seattle, Washington 98104 Tel. (206) 464-1519, ext. 234 [email_address] Merf Ehman, Managing Attorney Columbia Legal Services 101 Yesler Way Seattle, Washington 98104 Tel. (206) 287-9651 [email_address]
- 11. Criminal & eviction records often lead to denial of housing
- 12. Does the denial of housing to applicants with criminal or eviction records cause a disparate impact on members of any protected class?
- 14. Is the denial of rental housing to applicants with criminal records justified by a compelling business necessity?
- 17. After 5 Years, Offenders No More Likely Than Non-Offenders to Be Re-Arrested (Kurlychek, et al. “Scarlet Letters & Recidivism: Does An Old Criminal Record Predict Future Criminal Behavior?,” 2006)
- 32. Eviction Demographics: King County
Editor's Notes
- Though, intent may be inferred from landlord’s unwillingness to use less-discriminatory alternative
- Small claims suits (security deposits), fair housing claims, DVPOs, personal injury suits
- A person who has committed a criminal offense in the past may be more likely to commit a criminal offense in the future
- Focus on facts of the crime, not its legal classification (felony/misdemeanor, degree, charge, etc.)
- Applicant’s criminal history could be considered
- Possibly on groups more highly-represented among renters as well
- Most UDs are based on non-payment of rent and happen after an income disruption (lost job, loss of roommate etc.); note parallels to criminal records—except that there is not even necessarily a “conviction”
- Could establish grounds for race, “color” based Disp. Imp. claims