Senate Substitute No. 1 for Senate Bill No. 1 was passed by the Delaware legislature on June 14, 2023, and signed by the Governor on July 25, 2023. The official legislated start date for the three-year phase-in of Right to Representation in Eviction Cases was November 22, 2023. I have been hired into the position of Right to Representation Coordinator, reporting to Delaware Volunteer Legal Services (DVLS) and coordinating the implementation and outreach with Delaware’s three legal aid agencies. I am pleased to provide you with a brief update on the implementation progress.
The Delaware Legal Help Link website bit.ly/EvictionHelpDE has an updated Eviction Help page with information for both tenants and landlords, including the link to the legislation, instructions on notice requirements for landlords, and the approved flyer for landlords to provide to their tenants. The Eviction Help page has a link to an online intake site that is being used to collect basic information from potential clients and then that information is forwarded to the correct legal aid agency for follow up. Tenants also have the option of calling a single phone number for assistance in completing that initial online intake. Landlords and landlord attorneys were provided with the notice requirements and the approved tenant flyer ahead of the November 22 implementation date. The Justice of the Peace Courts have been provided with an updated Right to Representation flyer that they are including with each eviction notice that they send out.
The legislation included various options on how to manage the three-year phase-in. The legal aid agencies, with the advice of other jurisdictions that had experience with a phased implementation, chose to phase in by zip code. In the first months of Right to Representation, priority and the full “right” is being given to these zip codes: 19702, 19801, 19901, 19973. Tenants are encouraged to call or do the online intake as early in the process as possible, even if they don’t live in those zip codes. The agencies are doing the best they can to serve everyone who reaches out. The most up to date zip codes and other eligibility information is being maintained on the Eviction Help page referenced above.
A general community outreach strategy is being developed as well as trainings for staff at agencies that support people facing rental housing issues. This flyer in English, Spanish, and Haitian Creole is an example of that outreach. We also have a postcard-sized version of the flyer printed on bright yellow cardstock that we are making available for community events and venues. We are trying to focus much of our outreach efforts in the first four zip codes, but broader outreach is happening as well. We are now planning for some time later this year when the legal aid agencies will be in a position to add additional zip codes to their priority list.
In just the first three months after implementation, the legal aid agencies worked on 20% of the more than 2,100 eviction cases that were filed. This is a significant increase from the previous representation rate of less than 5%.
