Preserve Strong Communities with Housing Mediation

Gerald and Sebastian participated in mediation after it was recommended by the judge in their eviction case. They were both representing themselves in the court proceedings and were uncertain about what to expect from the mediation session.

When the men arrived on screen for their virtual mediation session, they were both incredibly relieved to have the support of the mediator. They had both struggled with the expectations of representing themselves in court. The filing process had been difficult for Gerald and Sebastian had been uncertain of the expectations by the court – was he allowed to appear in person, or did he have to use the computer?

The mediator recognized early in the session that both parties had a lot of questions about the process. The mediator could not give them any advice about how to manage the legal proceedings but was able to clearly explain mediation process and help them focus on the issues that had originally brought them to court.

Gerald had only been a landlord for a few years. He began renting his house out when his children grew up and he and partner downsized to a smaller home. Gerald had worked with 3 tenants but had never had to navigate the court system for an eviction matter.

Sebastian retired sooner than he had originally planned due to some health concerns. As a result, his income had decreased and over the past year he had been coping with unexpected expenses in the wake of the pandemic. Sebastian had not paid his full rent in over 6 months. Sebastian had also never been to eviction court before and was concerned about its impact on his credit.

The mediator led the parties into a focused discussion about their relationship as landlord and tenant and what they needed to be able to resolve things between them. Gerald was candid that he did not want to ruin Sebastian’s credit or make it hard for him to find housing, but he really needed Sebastian to move out of the house. Gerald had a potential buyer for the house but could not close on the deal until he could assure the buyer that the house would be empty. Sebastian was really distressed about his experience in virtual court and was really relieved to have a chance to talk to Gerald about what was happening. Sebastian was embarrassed about his inability to pay rent and shared that while he had hoped his circumstances would improve, he no longer expected an increase in his income.

The parties were able to come to a simple agreement that worked for them both. Sebastian agreed to move out in six weeks, which would give him time to find more affordable housing. Gerald agreed to forgive the unpaid rent and drop the case in court. As the mediation session ended, both Sebastian and Gerald thanked the mediator for the opportunity to connect and for the support the mediation provided. CCR staff submitted the agreement to the court and made sure they both knew when to appear for their next virtual court date. The parties left with a clear plan between them. Through mediation, both landlord and tenant were able to slow down, check in, and resolve their conflict in less than two hours.

Jessica moved into her apartment last December with her husband and two kids. One of the reasons she chose the apartment was because she found Javier, from the property management team, to be very friendly. Jessica’s neighbor called the police about the noise from her apartment on three occasions in the first few months.

After the third noise complaint, Jessica was served with a ten-day notice saying that she was in violation of the health and safety standards of her lease and would have to find a new place to live. Lucy was the member of the property management team to serve Jessica. Jessica told Lucy that she was six months pregnant and that she was not in a position to move. The two women were not able to resolve things and eventually Lucy’s company filed an eviction case against Jessica. When the case was in court the judge referred them to mediation.

From the start of the mediation, it was clear that Jessica and Lucy were very angry with one another. While Jessica had experienced a good relationship with Javier, she and Lucy had only had difficult conversations related to the noise complaints and the pending eviction. Jessica felt that Lucy had not listened to her concerns that the complaining neighbors were just trying to get her evicted. Jessica was upset that Lucy had appeared in court, since Javier had seemed much more concerned about her well-being.

During the mediation, the mediator asked them about their previous communications and learned that Jessica and Lucy had never had a positive interaction. The mediator asked them both to discuss ways their communications might have been more productive. Jessica said that she wanted Lucy to be more empathetic when providing the notice and felt that Lucy had not heard her side of the story. Lucy said she did not know what else to say, since she was simply enforcing a standard policy about noise complaints.

This led to a discussion about the responsibilities of the property manager – to enforce rules and to care for the tenants. The mediator asked Lucy why she became a property manager and she said she had done so to get a job to provide for her family. Jessica shared that she had also just made a big career shift for the same reason. This common ground softened both parties a bit and they were able to keep speaking. Eventually, both Jessica and Lucy apologized to the other for their behavior in their previous interactions. Jessica wanted to be a good tenant and neighbor and Lucy wanted to create an environment where tenants would feel cared for.

The mediator inquired about a plan moving forward and Lucy and Jessica agreed it would be best for Jessica to move somewhere where she felt more welcomed by her neighbors. Lucy apologized about her experience in the community and said she hoped Jessica would find somewhere more welcoming. Jessica agreed that she would try to keep the noise down until she moved, but Lucy and Jessica both agreed that they would have a better relationship from this point on. The parties left the mediation prepared to clearly communicate moving forward.