One “Minor” Consequence of the Flood: A Dramatic Shortage of Legal Representation for Renters

Even in the best of times, the court system is stacked against renters. When landlord/tenant disputes arise, property owners can afford lawyers while renters cannot. The flood will seriously exacerbate this imbalance. As I predicted back on July 14 and VTDigger reported on, ahem, July 31, the flood “disproportionately hit Vermont’s affordable housing stock.”

All those renters occupying flood-ravaged housing will find legal resources very difficult to come by. The scope of this problem has yet to unfurl, and it’s going to be bad for months to come. At minimum. A lot of tenants are going to get screwed.

“There are very few private attorneys who will represent tenants, who are generally low income and unable to pay,” said Sam Abel-Palmer, Executive Director of Legal Services Vermont, a nonprofit focused on civil litigation. His organization and Vermont Legal Aid try to make up for the failure of the free market, but they can offer perhaps 10 full-time attorneys to help all the renters in Vermont. Besides that, there are a few private lawyers who take some cases on a pro bono basis and the state Bar Association pays reduced fees to some members who represent renters.

That’s about all. It falls short of meeting the need, even in the absence of a major disaster. “We sometimes can take cases, sometimes we can offer advice,” said Abel-Palmer.

And now?

“It’s not remotely enough,” Abel-Palmer said.

And it’s far too soon to know the scope of the problem we’re about to face. “Based on [our experience with Tropical Storm] Irene, the calls come later, after the crisis,” said Abel-Palmer.

At this point, callers are being given some basic legal advice. Otherwise, “Call us back when you’re evicted,” he said. “We have to wait until it’s at a full-on legal stage before we can take it on.”

At that stage, of course, the renter is in a tremendously uncertain situation — at odds with their landlord, with the relationship likely strained beyond repair.

“We’re going to be really busy for a long time,” said Abel-Palmer.

Legal Services Vermont has posted a webpage full of legal information, advice and links for mobile home owners and renters.

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