Economic Growth United States Project #18952

Preserve Strong Communities with Housing Mediation

Project Report | Sep 25, 2018
Developing Options Through Dialogue

By Rae Kyritsi | Programs Director

The parties arrived to mediation upset. Betty, the landlord, had filed an eviction case against Julie, the tenant, because Julie had fallen two months’ behind in her rent. Julie’s mother had come to court to support Julie, and was very angry that her daughter was being taken to court. Julie’s mom yelled at the landlord in the courtroom, and the judge asked her to leave before sending the parties to mediation.

Julie and Betty sat down with the mediator. Julie was worried; she and her husband had three children under the age of 10, and a dog. They had started to look for other places to live, but it was difficult to find an affordable apartment large enough for their family. Betty was also worried; she was not able to work anymore, and this building was her primary source of income. She lived in one of the units and prided herself on being a good and responsive landlord. And she needed the income from Julie’s apartment.

Betty initially offered to forgive the back rent if Julie and her family were able to move out immediately. Julie explained that she had been looking, but couldn’t find any other suitable units. Julie’s husband had just switched jobs, and a period of unemployment had left them behind in their bills. However, Julie argued that, given a short-term payment plan, they family could catch up on the rent.

Julie also raised concerns about the condition of the apartment, including a too-large hole cut into a wall for the installation of a sink, and some problems with window seals. Julie said that Betty had been a good landlord, and fixed things that needed fixing urgently, but that these problems had lingered. Betty admitted she would need to resolve those issues before she could have a new tenant move in.

The mediator helped Julie and Betty think through what might happen if they did not reach an agreement. Betty was concerned about the cost associated with repairing the unit, and, with nowhere else to go, Julie said she was considering filing a countersuit related to the issues in the apartment. Both parties felt uncertain.

The conversation began to turn. Both parties began talking in a different tone and looked at one another with more understanding. Betty had not known that Julie’s husband was working again, and that gave her hope they’d be able to make up the past-due rent. The mediator helped the parties discuss the financial obligations of the tenant’s family, and then of the land lord’s obligation to the outstanding mortgage on the apartment, and if more time was possible, what a payment arrangement might look like.

The mediator assisted Betty and Julie in writing their agreement; three-hundred-dollar payments a month, on top of the current months rent due, until the outstanding rent was paid. The tenant could stay residing in the apartment. The landlord would have her money in full, keep her tenant, and have time to make the outstanding repairs to the unit. The tenant would have the eviction case dismissed, preserve her credit, and still have a good reference for when her family does want to move.

Mediation helped Betty and Julie have a thorough conversation and make a realistic plan to move forward.

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Jun 27, 2018
Keeping a Home

By Rae Kyritsi | Programs Director

Diamond had been a tenant in Monique’s building for several years. Monique and Diamond had a good relationship, and Monique agreed that Diamond had been a good tenant until she recently fell behind on rent. Diamond did not pay a portion of rent for March, and no rent in April or May. Prior to mediation, Diamond finished paying March and April’s rent, but still owed for May.

Monique and Diamond had a previously existing agreement that allowed Diamond to pay her rent in installments that included a small late fee. Installments were $427.50 every two weeks starting at the beginning of each month, for a total of $855/month.

In mediation, the parties gave initial statements to explain why they were in court. The mediator asked both parties about their relationship. Monique said she had always been happy to work with Diamond because she was one of her good tenants. Monique explained that she has not had any noise complaints or other issues with Diamond like she frequently has with other tenants. Diamond was proud of her history of being a good tenant and her relationship with Monique.

Mediation gave the parties a chance to discuss how to move forward. Monique said she needed the rent for May and for Diamond to be on time moving forward. Diamond explained that she recently lost her job and was having financial difficulties; she tried to communicate with Monique through texts, but felt that communication had failed. Diamond recently started a new job, and was eager to discuss a way to catch up on her rent. Both women were grateful to have a chance to discuss their situation in person, with help from the mediator.

The mediator helped the parties discuss their options. Diamond proposed a schedule that would allow her to increase her installment amount to make up the rent she owed for May, and that would be realistic moving forward. Monique felt that Diamond had violated her trust, and requested proof that Diamond was working again. Diamond agreed to work with her employer to provide Monique an employment verification. Both parties assisted with the drafting of the agreement, confirming the details of the payment arrangements. Diamond expressed relief at being able to stay in an apartment where she felt safe and comfortable, and that was a nice home for her children. Monique was relieved to be able to retain a good tenant in her building.

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Mar 28, 2018
Repairs and Reconciliation

By Rae Kyritsi | Programs Director

Carlos, the landlord, liked his tenants, Vernon and his family. Unfortunately, they’d lately had trouble paying the rent and had fallen several months behind. Carlos couldn’t afford to keep the house without their rent. Carlos knew he had to make some repairs before he could put the house on the market, and he had to get started soon. Carlos said he’d tried to be patient, but he just couldn’t afford to wait any longer. He filed for eviction – there was nothing more to discuss.

On the day of the court hearing, the judge asked Carlos and Vernon if they’d like to try mediation. They were willing.

The mediator asked each of them about their situation and what they needed. Vernon was able to express that he respected Carlos and that he was sorry he’d been unable to pay the rent these last few months. His work hours had been cut and his family had other expenses, and he just didn’t have the money. He’d told Carlos he was trying to find a cheaper place. He also realized that having an eviction on his record would make it even more difficult to find a new home.

The last thing Carlos wanted was to make it hard for his tenants to move out. He also realized that he was unlikely to see any money from the back rent – he’d settle for possession right away. Vernon had nowhere to go right away – he wanted a couple of months. Carlos couldn’t wait that long, although he appreciated how well Vernon and his family had always kept the place, and how Vernon had fixed little things that needed fixing, and done a good job.

The mediator guided the conversation toward the repairs: Vernon told Carlos that he could do all the repairs that Carlos had listed. From that point, Carlos and Vernon agreed on a list of repairs, and Vernon estimated how long it would take him.

The mediator helped them detail their agreement in writing. Vernon would move out in two months. During that time, he would complete the agreed repairs, with Carlos supplying all materials. Carlos would waive the back rent, which he thought was uncollectible anyway, and no rent would be due for the next two months. The eviction case would be dismissed, but Carlos could reinstate it if the agreement was not fulfilled.

Vernon got the two months he felt he needed, avoided an eviction order and a judgment against him, and maintained his self-respect in the eyes of his family. Carlos would be able to get started right away preparing the house for sale.

The judge approved the agreement, and both parties left the courtroom pleased with the result.

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