March 11, 2022
Guideline 5
Courts should require landlords and tenants to participate in pre-litigation diversion programs focused on maintaining housing stability.
Commentary:
Eviction diversion programs are a form of alternative dispute resolution specific to residential eviction cases that typically connect landlords and tenants with a rental assistance providers and sometimes other social services. Eviction diversion aims to enable the parties to negotiate a resolution that resolves the rent arrearage and allows the tenancy to continue, or at least enables the tenant to transition into suitable new housing rather than face judicial eviction. The best programs divert cases to negotiations before court filings, which enables the tenant to avoid an electronic eviction record (which makes finding new housing difficult and thereby complicates settlement options), connect tenants with additional social services as needed, and measure outcomes based on success at keeping tenants stably housed.