Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 6229 28 28 A New Lease on Life For years, “Theresa,” a woman in her 60s, had been complaining to her landlord that her apartment was uninhabitable. When it rained, water came into all of her rooms, destroying her furniture, computer, clothes, and other belongings. Two radiators were broken, so for two winters she had no heat. The interior stairs were almost impassible, doors wouldn’t lock, and there was an insect infestation. The conditions had been worsening over the years since Theresa had taken residence. “I don’t know how anyone could have survived in those conditions. It was shockingly bad,” said Mintz Levin attorney Michael Marion. Despite many years of prompt rent payments, Theresa couldn’t get her landlord’s attention until she lost her job and missed a couple of payments. Then her landlord responded quickly, with a standard eviction notice. Working with Michael, Theresa learned that although she hadn’t deliberately withheld payments, she had every right to do so, because her landlord hadn’t provided a habitable apartment. Every day, people like Theresa appear in courts trying desperately to retain their housing. Facing eviction, the potentially homeless tenants tend to be society’s poorest, and although many live in subpar housing conditions, they often don’t know that they can raise a defense based on housing code violations. In Washington, DC, while more than 90% of landlords who appear in court have legal representation, an incredible 98% of tenants do not. To lighten the heavy caseload, the Landlord and Tenant Branch of the DC court system encourages landlords and tenants to work out deals in advance of a hearing, in the hallway outside the courtrooms. Many tenants assume that landlords have all the power and, out of fear and expediency, they sign off on the landlords’ payment plans. “What tenants don’t know is that the document the landlords’ attorneys have tenants sign is a consent judgment that states that, if a tenant misses a single payment, the eviction process can start immediately,” Michael said. Michael, working with Mintz Levin attorney and Legal Aid Society board member Dionne Lomax, put Theresa’s landlord on notice that her apartment’s deplorable condition was so pervasively bad that Theresa was entitled to withhold rent payments. Once the landlord got wind that the Mintz Levin team would not let him get away with providing such uninhabitable conditions, he started making repairs. Ultimately, Michael was able to arrange a deal that forgave all of Theresa’s back rent and provided two free additional months—a life-changing amount of money for Theresa. Thanks to the Legal Aid Society and the Mintz Levin team, Theresa’s apartment was restored with the basic comforts that are her right. “It’s a brand new start for her,” said Dionne. “Keeping families in safe, affordable housing is at the core of Legal Aid’s housing law practice. Thanks to the hard work and commitment of attorneys like Michael and Dionne, we are able to offer our clients effective represen- tation to assert their rights, avoid eviction, and ensure their landlords live up to their legal obligation to provide safe housing.” Jodi Feldman Supervising Attorney, Pro Bono and Training Programs Legal Aid Society of the District of Columbia