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Evictions - a Hidden Social Problem.
Comparative Evidence from
Modern Welfare States.

Sten-Åke Stenberg
Swedish Institute for Social Research (SOFI)

Igor van Laere
Dr Valckenier outreach practice for homeless people
GGD Municipal Public Health Service Amsterdam
An eviction is the ultimate
  consequence of a conflict
  between a landlord and a tenant.

The relationship is regulated by a lease.
If the tenant violates the lease the landlord can
    terminate the tenancy for cause.
An eviction is the removal of a tenant from the
  premises of a landlord.
In most cases the grounds are nonpayment of rent
   (70-90 %), anti-social behavior accounts for 5 %.
A substantial share of these households ends up in
   homelessness
The eviction process

1. A notice to quit from the landlord to the tenant
2. The landlord takes the case to court
3. Summary Proceeding, Unlawful Detainer,
   Accelerated Possession Procedure
4. If eviction is granted, it is handed over to an
   executive authority/a law enforcement officer
   (bailiff, sheriff, marshall etc.).
5. Eviction executed
  (Other aspects like interventions from social
  authorities.)
The eviction process
This formalized process is not the only way a
tenant can become homeless.


Long before the bailiff stands on the doorstep in
order to execute an eviction, tenants may simply
give up and move.


If statistics about formal evictions is rudiment in
most countries, we know next to nothing about
these “informal” evictions.
Evictions in the literature

  Computerized bibliography searches of
  appropriate electronic databases


  Biased towards studies written in English and
  published literature indexed by the electronic
  database systems
Table 1. Data sources

Source                       Coverage

Cinahl                       1981-
Criminal Justice Abstracts   1968-
EconLit                      1969
ERIC                         1966-
IBSI                         1951-
Political Science Complete   -
PsycINFO                     1840-
Social Services Abstracts    1980-
Sociological Abstracts       1952-




                                        6
Table 2. Search terms
Topic       Policy area   Legal area
Eviction*   Housing*      Tenant*
            Apartment*    Landlord*
            Dwelling*     Lease*
                          Notice to quit
                          Possession*
                          Proceeding*
                          Bailiff*
                          Marshall*
                          Sheriff*
                          Self help
                          Distraint*
                          Foreclosure*
                          Arear

                                           7
Flow chart of the search/inclusion
process

         Electronic database
              searches

                n=10




                               Eviction subordinate
             Potentially
          relevant studies            n=76
               n=274
                                  News articles

                                      n=13



           Eviction in focus

                n=40




                                                      8
Magnitude of evictions


Statistics published in local languages.




Statistics are mostly collected for administrative
  reasons.


Numbers only given for some of the stages in the
  process
Possible explanations for
international variation
1. Composition of housing market
2. Number of households with leases
(homelessness)
3. Legal system
 - The regulated time period between the rent
arrear and when the landlord can file the case in
court
- Duration of the process: Civil law countries
have longer duration compared to common law
countries
Possible explanations for
international variation


4. Social policy
- Social security
- Housing benefits
- Social housing
- Care for mentally deranged
- Quality signaling and referral systems to support
   problem households
Table 3. Number of proceedings to court,
court orders and executed evictions.
                                                                     Housing stock
                                                       Pop. 15
                                                       years and
               Proceedings    Orders      Executed     older           Total         Rental

                                                                                           
Scandinavian
Denmark                          20,622        3,762         4,378     2600            900
Finland               7,328                    1,448         4,301     2600            900
Sweden              35,174                     3,004         7,378     4400           2000
German
Austria             43,192       30,171       13,411         6,851     3300           1400
French
Netherlands                      22,605        8,550        13,250     6800           3100
Portugal                         17,186                      3,651     5300           1100
Spain                 3,637                                 14,428    21000           2300
Socialist
Poland                6,563       5,040        2,527        13,337    12700           2900
English

UK                 161,422     117,357                      24,200    25600           7800
                                                                                              12
Table 4. Number of proceedings to court, court orders and

executed evictions by population size and housing stock
Legal            Duration         Proceedings to court            Orders                      Executed
origin/Country   from filing of
                 complaint to
                 eviction

                                  Pop. 15 Total          Rental   Pop. 15 Total      Rental   Pop. 15 Total      Rental
                                  year and housing                year and housing            year and housing
                                  older    stock                  older    stock              older    stock

Scandinavian
Denmark               225                   -            -        4.71     7.83      17.02    0.13       1.43    3.10
Finland               120         1.70      2.85         8.37     -        -         -        0.34       0.56    1.66
Sweden                187         4.77      8.08         18.80    -        -         -        0.41       0.69    1.61


German
Austria               547         6.31      13.17        32.92    4.40     9.20      23.0     1.96       4.09    10.22


French
Netherlands            52         -         -            -        1.71     3.32      7.29     0.65       1.26    2.73
Portugal              330         -         -            -        1.95     3.23      15.39    -          -       -
Spain                 183         0.10      0.17         1.58     -        -         -        -          -       -


Socialist
Poland               1080         0.21      0.52         2.07     0.16     0.40      1.59     0.08       0.21    0.80


English
UK                    115         3.31      6.31         20.33    2.40     4.58      14.78    -          -       -

                                                                                                                          13
The Netherlands

Rent arrears

1. Immediately a letter reminding the
   tenant

2. After 6-8 weeks households are
   informed of the possibility of seeking
   assistance from a debt control agency.
   It is the tenant’s responsibility to
   contact the agency!
The Netherlands

3. The bailiff is contacted by the landlord after 10
   to 12 weeks.


4. If households do not cooperate, and the
   financial situation is not solved within the next 2
   to 4 weeks, the household will be presented to
   the judge for a court order for eviction


Totally ~ 6 months from rent arrear to eviction
The Netherlands

Social rent sector 2.4 million dwellings


2007: 237,000 households had rent arrears and
22,605 received an eviction court order (0.9%).


Evictions:
1995:        6,020 (0.25 %)
2005:        8,134 (0.34 %)
2007:        8,550 (0.36 %)
The Netherlands


Reasons for evictions (n=8,550)


  rent arrears                      78 %

  illegal subletting                10 %

  nuisance / anti-social behavior   5%

  illegal cannabis production       4%

  non specified reasons             2%
Sweden
Rent arrears
1. Notice to quit 7 days after the rent is due, at the
same time the landlord must inform the local social
authorities.


2. If the rent is paid within 3 weeks after the notice to
quit the tenant regains the lease.


3.Two business days after the three week period the
bailiff can make a decision of eviction.


Totally 1-2 months from rent arrear to eviction
Sweden


  Applications to bailiffs   Executed evictions


2000:         13,955         5,055 (36%)


2008:         9,458          4,713 (50%)


Households with children


2008:         2,365          718   (30%)
Sweden

January-June


      Evictions   Households with children


2008: 1,530       381   (25%)


2009: 1,525       343   (22%)
Evictions in Sweden



                                                                         Figure 2. Evictions in Sweden 1970-2008

         45000



         40000



         35000



         30000



         25000                                                                                                                                               Proceedings to courts
Number




                                                                                                                                                             Applications to bailiffs
         20000
                                                                                                                                                             Executed evictions



         15000



         10000



          5000



             0
                        1972




                                             1978




                                                                                                     1994




                                                                                                                          2000




                                                                                                                                               2006
                 1970




                               1974

                                      1976




                                                    1980

                                                           1982

                                                                  1984

                                                                         1986

                                                                                1988

                                                                                       1990

                                                                                              1992




                                                                                                            1996

                                                                                                                   1998




                                                                                                                                 2002

                                                                                                                                        2004



                                                                                   Year                                                               2008


                                                                                                                                                                                        21
Conclusions

• Evictions are a hidden social problem
• Evictions are neglected by scholars
   – 10 data bases: 275 articles: 40 evictions in
     focus
• No international comparisons possible
• Internal eviction geography is needed
• Call for comparable monitor systems
• Call for integral scientific approach

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Evictions a Hidden Social Problem: Comparative evidence from Modern Welfare States

  • 1. Evictions - a Hidden Social Problem. Comparative Evidence from Modern Welfare States. Sten-Åke Stenberg Swedish Institute for Social Research (SOFI) Igor van Laere Dr Valckenier outreach practice for homeless people GGD Municipal Public Health Service Amsterdam
  • 2. An eviction is the ultimate consequence of a conflict between a landlord and a tenant. The relationship is regulated by a lease. If the tenant violates the lease the landlord can terminate the tenancy for cause. An eviction is the removal of a tenant from the premises of a landlord. In most cases the grounds are nonpayment of rent (70-90 %), anti-social behavior accounts for 5 %. A substantial share of these households ends up in homelessness
  • 3. The eviction process 1. A notice to quit from the landlord to the tenant 2. The landlord takes the case to court 3. Summary Proceeding, Unlawful Detainer, Accelerated Possession Procedure 4. If eviction is granted, it is handed over to an executive authority/a law enforcement officer (bailiff, sheriff, marshall etc.). 5. Eviction executed (Other aspects like interventions from social authorities.)
  • 4. The eviction process This formalized process is not the only way a tenant can become homeless. Long before the bailiff stands on the doorstep in order to execute an eviction, tenants may simply give up and move. If statistics about formal evictions is rudiment in most countries, we know next to nothing about these “informal” evictions.
  • 5. Evictions in the literature Computerized bibliography searches of appropriate electronic databases Biased towards studies written in English and published literature indexed by the electronic database systems
  • 6. Table 1. Data sources Source Coverage Cinahl 1981- Criminal Justice Abstracts 1968- EconLit 1969 ERIC 1966- IBSI 1951- Political Science Complete - PsycINFO 1840- Social Services Abstracts 1980- Sociological Abstracts 1952- 6
  • 7. Table 2. Search terms Topic Policy area Legal area Eviction* Housing* Tenant* Apartment* Landlord* Dwelling* Lease* Notice to quit Possession* Proceeding* Bailiff* Marshall* Sheriff* Self help Distraint* Foreclosure* Arear 7
  • 8. Flow chart of the search/inclusion process Electronic database searches n=10 Eviction subordinate Potentially relevant studies n=76 n=274 News articles n=13 Eviction in focus n=40 8
  • 9. Magnitude of evictions Statistics published in local languages. Statistics are mostly collected for administrative reasons. Numbers only given for some of the stages in the process
  • 10. Possible explanations for international variation 1. Composition of housing market 2. Number of households with leases (homelessness) 3. Legal system - The regulated time period between the rent arrear and when the landlord can file the case in court - Duration of the process: Civil law countries have longer duration compared to common law countries
  • 11. Possible explanations for international variation 4. Social policy - Social security - Housing benefits - Social housing - Care for mentally deranged - Quality signaling and referral systems to support problem households
  • 12. Table 3. Number of proceedings to court, court orders and executed evictions. Housing stock Pop. 15 years and Proceedings Orders Executed older Total Rental   Scandinavian Denmark 20,622 3,762 4,378 2600 900 Finland 7,328 1,448 4,301 2600 900 Sweden 35,174 3,004 7,378 4400 2000 German Austria 43,192 30,171 13,411 6,851 3300 1400 French Netherlands 22,605 8,550 13,250 6800 3100 Portugal 17,186 3,651 5300 1100 Spain 3,637 14,428 21000 2300 Socialist Poland 6,563 5,040 2,527 13,337 12700 2900 English UK 161,422 117,357 24,200 25600 7800 12
  • 13. Table 4. Number of proceedings to court, court orders and executed evictions by population size and housing stock Legal Duration Proceedings to court Orders Executed origin/Country from filing of complaint to eviction Pop. 15 Total Rental Pop. 15 Total Rental Pop. 15 Total Rental year and housing year and housing year and housing older stock older stock older stock Scandinavian Denmark 225 - - 4.71 7.83 17.02 0.13 1.43 3.10 Finland 120 1.70 2.85 8.37 - - - 0.34 0.56 1.66 Sweden 187 4.77 8.08 18.80 - - - 0.41 0.69 1.61 German Austria 547 6.31 13.17 32.92 4.40 9.20 23.0 1.96 4.09 10.22 French Netherlands 52 - - - 1.71 3.32 7.29 0.65 1.26 2.73 Portugal 330 - - - 1.95 3.23 15.39 - - - Spain 183 0.10 0.17 1.58 - - - - - - Socialist Poland 1080 0.21 0.52 2.07 0.16 0.40 1.59 0.08 0.21 0.80 English UK 115 3.31 6.31 20.33 2.40 4.58 14.78 - - - 13
  • 14. The Netherlands Rent arrears 1. Immediately a letter reminding the tenant 2. After 6-8 weeks households are informed of the possibility of seeking assistance from a debt control agency. It is the tenant’s responsibility to contact the agency!
  • 15. The Netherlands 3. The bailiff is contacted by the landlord after 10 to 12 weeks. 4. If households do not cooperate, and the financial situation is not solved within the next 2 to 4 weeks, the household will be presented to the judge for a court order for eviction Totally ~ 6 months from rent arrear to eviction
  • 16. The Netherlands Social rent sector 2.4 million dwellings 2007: 237,000 households had rent arrears and 22,605 received an eviction court order (0.9%). Evictions: 1995: 6,020 (0.25 %) 2005: 8,134 (0.34 %) 2007: 8,550 (0.36 %)
  • 17. The Netherlands Reasons for evictions (n=8,550) rent arrears 78 % illegal subletting 10 % nuisance / anti-social behavior 5% illegal cannabis production 4% non specified reasons 2%
  • 18. Sweden Rent arrears 1. Notice to quit 7 days after the rent is due, at the same time the landlord must inform the local social authorities. 2. If the rent is paid within 3 weeks after the notice to quit the tenant regains the lease. 3.Two business days after the three week period the bailiff can make a decision of eviction. Totally 1-2 months from rent arrear to eviction
  • 19. Sweden Applications to bailiffs Executed evictions 2000: 13,955 5,055 (36%) 2008: 9,458 4,713 (50%) Households with children 2008: 2,365 718 (30%)
  • 20. Sweden January-June Evictions Households with children 2008: 1,530 381 (25%) 2009: 1,525 343 (22%)
  • 21. Evictions in Sweden Figure 2. Evictions in Sweden 1970-2008 45000 40000 35000 30000 25000 Proceedings to courts Number Applications to bailiffs 20000 Executed evictions 15000 10000 5000 0 1972 1978 1994 2000 2006 1970 1974 1976 1980 1982 1984 1986 1988 1990 1992 1996 1998 2002 2004 Year 2008 21
  • 22. Conclusions • Evictions are a hidden social problem • Evictions are neglected by scholars – 10 data bases: 275 articles: 40 evictions in focus • No international comparisons possible • Internal eviction geography is needed • Call for comparable monitor systems • Call for integral scientific approach