As Denver continues to grapple with homelessness, gentrification and housing insecurity, there are some fascinating trends in evictions that we should be paying close attention to. Recent data paints a picture that is concerning and promising.
We first started taking a close look at Denver’s eviction data in 2017, in a report by Colorado Center on Law and Policy and Colorado Coalition for the Homeless called “Facing Eviction Alone.” This report analyzed trends in eviction court proceedings, including the outcomes of cases and the availability of attorneys for renters.
Our findings were bleak and alarming: fewer than 3% of tenants had legal counsel, and most renters lost their housing. In 2016, the number of households facing court evictions in Denver was just over 8,000.
This number gradually increased through 2019, to 9,249. They temporarily tapered off during 2020 and 2021, when pandemic-related moratoria were in effect, but spiked back up to 8,879 in 2022. Today, the situation has grown much worse. In 2023, eviction filings skyrocketed to historic levels, numbering at 12,910 an all-time high since the city of Denver began tracking this data.
Denver’s sudden and disturbing surge of eviction filings is cause for concern. As many renters know, the cost of rent in Denver continues to increase more quickly than income, outpacing gains by a 71% margin since 2009. This reality, compounded with rising prices on basic goods, a housing market diluted with hedge fund investors, and a scarce supply of new affordable housing, have increased costs and exposed Denver’s renters to considerable peril.
The sharp increase in eviction filings is a terrible but predictable consequence of these trends. Behind each eviction is a person, a family, or in many cases, a child. This rise in eviction filings often results in suffering, displacement and adverse health outcomes for people who rent.
However, recent data also provides one major cause for optimism. In “Facing Eviction Alone,” we found that the vast majority of evictions filed, 75% from 2001 to 2017, resulted in a “judgment for possession,” an eviction order from a judge.
In stark contrast, according to data provided by the Denver County Court, 2023 saw a “judgment for possession” ordered in only 31% of evictions filed. This is a remarkable decrease. In only five years, Denver has seen the rate of evictions ordered effectively cut by more than half.
Where three of four renters in Denver would historically lose their eviction case and their housing, this percentage today is now less than one-third. What has enabled this incredible change?
There are several factors. Denver’s investments in rental assistance have allowed tenants to negotiate repayment agreements to settle debts with landlords. Relatedly, Denver’s funding for legal assistance has provided resources to help tenants navigate a confusing judicial process.
These resources have expanded the capacity of nonprofit legal aid organizations, such as Colorado Poverty Law Project, that represent tenants and provide free legal assistance to renters facing eviction. Supported by the city and county of Denver, CPLP and other legal aid providers facilitate a free legal clinic, available on-site to renters who are summoned into court for an eviction.
Colorado has made similar investments, by creating and funding the Eviction Legal Defense Fund in 2019 and by appropriating $30 million to expand rental assistance during the special legislative session this past fall.
Mediation opportunities have also become more available in the past five years, and especially in the past year after the passage of House Bill 1120, which guarantees mediation opportunities in evictions for renters receiving disability and Temporary Assistance for Needy Families benefits. In these past few years, virtual participation in evictions has also increased — first as a byproduct of the pandemic, but now as an option guaranteed under state law.
Finally, it’s important not to overlook the major policy reforms that have occurred in the past half-decade, including state legislation that expanded notice before most evictions can be filed, from three to 10 days, and a law that also allows tenants to repay their debts and avoid eviction up until the point of a trial.
While these trends have not prevented a surge of evictions from being filed in court, they have allowed many more of those disputes to result in positive outcomes — resolutions that ensure a landlord is made whole and the renter maintains their housing.
This data suggests that Denver has considerable work still to do to bolster solutions that prevent evictions but that the public interventions to promote access to justice are largely working as intended. Denver City Council’s efforts to increase funding for rental assistance along with the continuation of legal aid funding are reaping an incredible return on investment. To continue protecting housing stability, Denver and the state need to double down on these strategies.
Jack Regenbogen is the deputy executive director of the Colorado Poverty Law Project.
Aubrey Wilde is the advocacy program director for the Colorado Coalition for the Homeless.
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