With Evictions on the Rise, Tenants Risk a Lifetime of Housing Instability. What Can Be Done.

With Texans still struggling to make rent and federal aid running out, eviction filings are on the rise. Some courts have even added dockets to account for this increase. Texas Appleseed’s latest report, The Long-Lasting Impact of Eviction Records, explains that the simple filing of an eviction, regardless of the reason or outcome, can make it hard for people to maintain housing for years and years to come. 

One housing attorney has started stressing this with her clients, warning them about the stain even one eviction filing can have. Housing is based on income, which already limits availability; factoring in an eviction judgment can eliminate even more available housing. People are left with fewer options, and the housing that remains available to them may not be located in areas with good emergency resources, public transportation, employment, or even access to fresh food. All of these factors have been tied to the quality of life outcomes for families

Eviction filings are not equal across the board. In fact, women are significantly more likely to have an eviction filing on their record compared to men, and Black mothers are more likely than any other group to face eviction. Young people are also particularly vulnerable to evictions as many of them work low-paying, hourly jobs and are not always fully aware of the legal terms of their lease. Raising awareness, and understanding how certain groups of people are at a higher risk of the long-term consequences of evictions, is important to developing solutions.

Eviction records only tell part of a person’s story, yet they can linger for years making it hard for a person to find stable housing. Some evictions are related to domestic violence issues; others may  reflect a landlord’s retaliation for raising complaints about the housing. There are ways to ensure that the simple filing of an eviction does not lead to a lifetime of housing instability and homelessness.

Of the recommendations highlighted by Appleseed in The Long-Lasting Impact of Eviction Records, the one that could have the most significant impacts to exclude pending eviction cases from public view, essentially sealing them automatically upon their filing.  Appleseed recommends making them public only under certain circumstances — for instance, if the tenant is at fault. This system could also be automated. Doing so would ensure that filings related to domestic violence issues or retaliation for tenant complaints do not keep renters from being able to find quality housing.  For more of our recommendations, see our latest report.  We plan to work to educate more lawmakers at the city and state level about policy changes that can be made to reduce the sometimes unfair, negative impact of the simple filing of an eviction case.