Some folks experiencing housing difficulties might wind up in a decent place like this, but others might have no choice but to live on the streets.

In Brief: Ballot Issue 2B is designed to make sure renters facing eviction have access to legal representation, and to provide rental assistance to people or households at risk of eviction. 2B would add to the Boulder Revised Code (BRC), and is not a City Charter measure.

Why or Why Not? In 2020, renters are facing serious potential problems in Boulder, since rental rates are high relative to many Front Range communities, and the COVID-19 pandemic has led to economic problems including businesses closing and/or laying off employees. Colorado Governor Jared Polis has issued a number of executive orders seeking to reduce or postpone evictions in Colorado, but it’s tough to tell how long eviction moratoriums can continue and what the longer-term future really holds for the economy – for landlords and for renters.

According to the No Eviction Without Representation campaign, typically about 2% of renters facing eviction court proceedings have legal representation, while about 88% of landlords have representation. Anecdotally, it’s fair to guess that some percentage of tenants facing eviction might not be able to afford an attorney, while many landlords may be able to afford representation. Passing 2B would generate a pool of money able to fund representation for renters.

Under 2B, an excise tax of $75 per year per rental unit would be imposed, which could raise up to $1.9 million in its first full year. The money would fund several levels of service, including:

  • Availability of legal service providers to represent renters facing eviction.
  • A “Tenant’s Legal Services and Assistance Coordinator” position, selected by and serving under Boulder’s City Manager.
  • A “Tenant’s Committee,” basically a citizen oversight committee, and its five members would earn a stipend of $1,000 per year.
  • A rental assistance program able to provide financial help for renters facing eviction.

As one could imagine, there is opposition in Boulder. For example, the Boulder Area Rental Housing Association (BARHA) has come out in formal opposition, saying “The root of the issue is non-payment of rent. Providing a lawyer for tenants does not resolve the problem of non-payment. The funds end up in the attorney’s pocket instead of assisting the population who truly needs the help.”

Cities including New York, San Francisco, Newark, Cleveland, and Philadelphia all have some form of legal representation program. For examples, San Francisco’s Proposition F passed in 2018 by about 56%-44%. New York City calls its program Right To Counsel, and reported a substantial increase in tenants with representation in the early stages of its program.

2B Pro:

  • 2B supporter website: https://www.newrboulder.com/
  • Renters may face a serious disadvantage in court if they don’t have an attorney and the landlord does.
  • The 2B rental assistance program might help prevent some people from being evicted in the first place.
  • Eviction is a serious problem that can even lead to health or safety issues, and should be avoided to the greatest extent possible.

 

2B Con:

  • Not an official opponent website, but a general explanation of opposition reasoning: https://www.barhaonline.org/2020/08/no-eviction-without-representation-newr-ballot-initiative/
  • This measure will contribute to higher housing costs, since landlords will rationally pass the costs of the tax and any extra legal expense along to their tenants.
  • Landlords aren’t always the “bad guy” in cases of eviction, and they would logically prefer to have dependable, paying tenants as opposed to evicting tenants.

Richard’s Take: Vote YES. Secure housing is a gigantic problem right now, and while 2B by no means would cure everything, it would provide several levels of protection for poorer people who might deserve a fair shot at staying housed. Eviction can be a major problem for a renter, since it can leave a person or family or household without shelter, and can damage a renter’s record. It’s also a potential societal issue because homelessness can create health and safety risks. Services and facilities for people experiencing homelessness are already stretched thin in Boulder, and a new wave of evictions is completely possible due to the pandemic and its associated economic catastrophe.

Still, eviction may also be a completely legitimate action for a landlord, and I have full appreciation that eviction may be a very difficult decision and action for the landlord. But 2B would not end evictions – it would basically set up a fund so those being evicted could have representation in court – and of course, the people facing eviction could still lose in court if it gets to that point. Opponents have a fair point in saying the new tax will increase the cost of housing somewhat, since landlords will almost certainly pass the cost on to renters. It’s also reasonably likely that landlords could face some level of new legal costs of their own, which again will probably be passed along to renters in some manner. But the $75 per year tax that’s actually part of the ballot language is equal to about $6 per month, so the 2B tax alone should not create a justification for massive rent increases.