Neighborhood Change and Evictions: What NYC Housing Court Data Can - PowerPoint PPT Presentation

Neighborhood Change and Evictions: What NYC Housing Court Data Can and Cannot Provide Ryan Brenner June 13, 2019

Measurement Goal

Displacement Model Displacement Rate

Displacement Model Displacement Rate Neighborhood Change • Gentrification • Rezoning • Sale of building

Displacement Model Response • Higher? Displacement Rate • Lower? • No change? Neighborhood Change

Sources of Displacement

Reasons Tenants Leave ▪ Voluntary move − Resources change − Preferences change − Better options become available

Reasons Tenants Leave ▪ Voluntary move ▪ Lease not renewed − Not offered − Rent regulated unit bought out − Rent increase too high

Reasons Tenants Leave ▪ Voluntary move ▪ Lease not renewed ▪ Illegal eviction − Refusing to make repairs − Cutting essential services − Locking tenant out − Harassment

Reasons Tenants Leave ▪ Voluntary move ▪ Lease not renewed ▪ Illegal eviction ▪ Legal eviction − Due to non-payment − Due to some other reason like violations of the lease or a holdover

Reasons Tenants Leave ▪ Voluntary move ▪ Lease not renewed ▪ Illegal eviction ▪ Legal eviction ▪ Involuntary move − Area changes/becomes too expensive − Resources change − Tenant leaves to avoid eviction

Reasons Tenants Leave ▪ Voluntary move ▪ Lease not renewed ▪ Illegal eviction ▪ Legal eviction ▪ Involuntary move ▪ Unit no longer rentable − City condemns due to violations − Landlord takes it off the market

Reasons Tenants Leave ▪ Voluntary move ▪ Lease not renewed ▪ Illegal eviction ▪ Legal eviction ▪ Involuntary move ▪ Unit no longer rentable ▪ Other State involvement − Incarceration − Deportation − Rental subsidy cut

Reasons Tenants Leave ▪ Voluntary move ▪ Lease not renewed ▪ Illegal eviction Not all displacement ▪ Legal eviction ▪ Involuntary move ▪ Unit no longer rentable ▪ Other State involvement

Reasons Tenants Leave ▪ Voluntary move ▪ Lease not renewed ▪ Illegal eviction Not all displacement ▪ Legal eviction ▪ Involuntary move Not all accounted for ▪ Unit no longer rentable ▪ Other State involvement

Missing from the Data

What Data We Have ▪ NYS Office of Court Administration data on NYC Housing Court cases ▪ All cases 2010-2017 for all five boroughs ▪ Complete record from filing to execution of warrant with all appearances in between

Data Limitation ▪ Voluntary move ▪ Lease not renewed ▪ Illegal eviction ▪ Legal eviction ▪ Involuntary move ▪ Unit no longer rentable ▪ Other State involvement

Displacement Model Response Displacement Rate Neighborhood Change

Example Theory Landlords harass and buyout tenants in rent regulated units Tenants involuntarily leave as neighborhood Displacement Rate amenities become too expensive Gentrification makes area for desirable increasing potential rent

Example Theory Landlords harass and buyout tenants in rent regulated units Tenants involuntarily leave as neighborhood Displacement Rate amenities become too expensive Does the rate of formal evictions change? Gentrification makes area for desirable increasing potential rent

Ambiguities within the Data

▪ Not in the data! ▪ Tenant could be displaced voluntarily to avoid eviction Court issues a warrant Stipulation Case does not move forward Tenant answers Landlord wins and court issues warrant Trial Tenant wins Landlord files and notifies tenant Formal Demand Court issues a warrant Default judgment Tenant does not Case does not answer move forward Case does not move forward Landlord does not file

▪ Case finally shows up if the landlord filed ▪ If not, it is unclear what happened – tenant could be displaced Court issues a warrant Stipulation Case does not move forward Tenant answers Landlord wins and court issues warrant Trial Tenant wins Landlord Files Formal Demand Court issues a warrant Default judgment Tenant does not Case does not answer move forward Case does not move forward Landlord Does Not File

▪ Both options are recorded Court issues a warrant Stipulation Case does not move forward Tenant Answers Landlord wins and court issues warrant Trial Landlord Files Tenant wins Formal Demand Default judgment Tenant Does Not Answer Case does not move forward Landlord Does Not File

▪ If there is a default judgment, it is recorded ▪ If not, it is unclear what happened – tenant could be displaced Court issues a warrant Stipulation Case does not move forward Tenant Answers Landlord wins and court issues warrant Trial Landlord Files Tenant wins Formal Demand Default Judgment and Warrant Tenant Does Not Answer Nothing Landlord Does Not File

▪ Both options are recorded Court issues a warrant Stipulation Case does not move forward Tenant Answers Landlord wins and court issues warrant Trial Landlord Files Tenant wins Formal Demand Default Judgment and Warrant Tenant Does Not Answer Nothing Landlord Does Not File

▪ If the court issues a warrant, it is recorded ▪ If not, it is unclear what happened since the contents of the stipulation are unknown – tenant could be displaced Warrant Stipulation Nothing Tenant Answers Landlord wins and court issues warrant Trial Landlord Files Tenant wins Formal Demand Default Judgment and Warrant Tenant Does Not Answer Nothing Landlord Does Not File

▪ If the court issues a warrant, it is recorded ▪ If the tenant wins, there is no displacement Warrant Stipulation Nothing Tenant Answers Landlord Wins and Warrant Trial Landlord Files Tenant Wins Formal Demand Default Judgment and Warrant Tenant Does Not Answer Nothing Landlord Does Not File

▪ If the court issues a warrant, it is recorded Show cause granted s Show cause s denied Eviction complete Landlord Gets s a Marshal Show cause Warrant granted s s s Show cause denied s s

▪ If the landlord tries to execute the warrant, it is recorded ▪ If not, it is unclear what happened – tenant could be displaced Show cause granted s Show cause f denied Eviction complete Landlord Gets h a Marshal Show cause Warrant granted h s h Show cause denied Nothing h

▪ Both option are recorded Show cause granted s Warrant Show cause Executed denied Eviction complete Tenant loses possession Landlord Gets j a Marshal Show cause Warrant granted j Show Cause j Show cause denied Nothing j

▪ If the tenant requests to show just cause, it is recorded ▪ If not, the tenant is displaced Show cause granted Show Cause Warrant Show cause Executed denied Evicted Landlord Gets g a Marshal Show cause Warrant granted g Show Cause g Show cause denied Nothing g

▪ If the tenant’s request is granted, the tenant returns and is not displaced Repossession ▪ Granted If not, the tenant is displaced Show Cause Warrant Denied Executed Evicted Landlord Gets g a Marshal Show cause Warrant granted g Show Cause g Show cause denied Nothing g

▪ Both option are recorded Repossession Granted Show Cause Warrant Denied Executed Evicted Landlord Gets g a Marshal Warrant Granted g Show Cause g Denied Nothing g

▪ Since an order to show just cause can either delay or completely stop an eviction, it is unclear Repossession what happens unless a marshal executes the Granted warrant Show Cause Warrant Denied Executed Evicted Landlord Gets Nothing a Marshal Warrant Granted Warrant Executed Show Cause g Denied Nothing g

▪ If the landlord tries to execute the warrant, it is recorded Repossession ▪ Granted If not, it is unclear what happened – tenant could Show Cause be displaced Warrant Denied Executed Evicted Landlord Gets Nothing a Marshal Warrant Granted Warrant Executed Show Cause Warrant Executed Denied Nothing Nothing

Ryan Brenner Ryan.Brenner@nyu.edu This research has been prepared by a Center affiliated with New York University School of Law and Wagner Graduate School of Public Service, but does not purport to present the schools’ institutional views, if any.