The feudalism of eviction records

“But without the feudal lord, there would be no land from which we could harvest the grain!”

When is success a failure? When is a victory a loss? In eviction proceedings. Consider this: “Tenants in Massachusetts who struggle to find housing due to a prior eviction may now get the chance to have those records sealed. The Legislature’s newly passed housing bond bill includes a provision that would allow tenants to petition a court to seal their eviction record in cases such as a no-fault eviction, a dismissed case, or a case the tenant won. Currently, there is no eviction sealing in Massachusetts.” Consider this: “Dayton Municipal Court has launched a new process to seal eviction case records …. Tenants can now submit applications to the Dayton Municipal Court to have their eviction cases sealed. Renters can file an application 60 days after their cases were dismissed or after the court made a judgment in their favor.”  People received an eviction notice, went to court, won or had the case dismissed, and the so-called Scarlet E of eviction still attaches to their names. People were evicted through no fault of their own, and the Scarlet E still attaches to their names. What’s the name for the system in which such abusive treatment is considered just, normal and acceptable? Feudalism.

While this situation has existed in the United States, and especially in the metropolitan areas, since the invention of the commodification of housing, in very recent years it has intensified and worsened considerably, thanks in large part to two phenomena: the entry of corporate investors and hedge funds into the rental real estate market and landlords’ increasing reliance on apps to determine a prospective tenant’s credit worthiness. Corporate investor and hedge fund landlords tend to file evictions much more readily than individual landlords, and most apps don’t distinguish between eviction filing and writs of eviction, or actual evictions. But then again, why would they, when the courts haven’t? Again, court records don’t distinguish between judgments against tenants and judgments for tenants. They’re all `evictions’.

Consider this, from a recent study of the collateral consequences of eviction court filings in Pennsylvania, “Eviction filings had far-reaching collateral costs for tenants and their families, often impacting their well-being and stability for years after the filing. Records stemming from eviction filings, even when tenants’ cases were resolved with a neutral or favorable outcome, negatively impacted the quality and trajectory of their lives …. Despite the court not formally evicting tenants, landlords still had the power to displace them. Though participants in this study did not receive eviction orders in court, the majority said they were forced to move after their eviction filing for reasons beyond their control …. Tenants with eviction records encountered punitive rental screening practices that prolonged housing instability and limited their housing options. 8 in 10 participants said that their eviction filing limited their future housing options. 65% of those who moved said a prospective landlord asked about their eviction record, and over half reported that a landlord explicitly denied their application because of their filing. Unsuccessful rental applications amounted to hundreds and, in some cases, thousands of dollars in excess costs to tenants.” Again, an eviction record is not a record of an eviction, it is a record of an eviction filing, irrespective of the outcome.

How does it make sense to turn renters’ success into failure, victory into loss, to brand ever more people with a Scarlet E that leaves them vulnerable to both super-exploitation and homelessness? Consider this, “In the history of primitive accumulation, all revolutions are epoch-making that act as levers for the capital class in course of formation; but, above all, those moments when great masses are suddenly and forcibly torn from their means of subsistence, and hurled as free and `unattached’ proletarians on the labour-market. The expropriation of the agricultural producer, of the peasant, from the soil, is the basis of the whole process.” That’s Karl Marx, in “Primitive Accumulation”, the final section of Capital, Volume One. The surge in eviction filings is no surprise nor is it merely a function of the dislocations of the pandemic nor of the earlier housing crisis. It’s part of the production of the new proletariat, a new proletariat that is disproportionately Black and Latina women.  When corporate investors and hedge funds entered into the rental real estate market, what happened, pretty much overnight? Mass expropriation, dislocation, removal and criminalization. Today as it was hundreds of years ago, it’s the basis of the whole process. Workers of the world, unite! You have nothing to lose but your records.

(By Dan Moshenberg)

(Image Credit: Medium)

From Mexico to the United States to the United Kingdom and beyond, there is no justice in women’s prisons

 

For over a year now, the news media have covered a class action lawsuit concerning the Federal Correctional Institution, Dublin, which argued that the women incarcerated at FCI-Dublin were routinely subjected to sexual violence, harassment, intimidation and other forms of brutality. This lawsuit is only one of over 60 that have been filed against FCI-Dublin since 2021, all claiming a pattern of sexual violence in the institution. In April, FCI-Dublin was shut down, and the women were moved to other institutions all over the country. What if it’s the same everywhere?

Thanks to a recent, and some would say consequential, election, the government of the United Kingdom changed hands from Tory to Labour. The Labour government has “discovered” that the prisons are a toxic mess. This week, UK Ministry of Justice published its latest Safety in Custody report, looking at deaths up to June 2024, self-harm up to March 2024: “In the most recent quarter, self-harm incidents were up 8% to 19,418, and the rate was up 9% (a 2% increase in male establishments and a 29% increase in female establishments) …. The rate is more than eight times higher in female establishments than male establishments …. The rate of assault was 71% higher in female establishments than male establishments.” Why are the rates so high in women’s prisons, and particularly so much higher than in men’s prisons? Nadia spent five months in a women’s prison, which she described as “walking onto the set of One Flew Over The Cuckoo’s Nest … Many of the girls there should not be in prison, they need proper help.” The majority of incidents of self-harm and of assault in women’s prisons are not as violent or severe as those in men’s prisons, but the numbers and rates are higher. What does that tell you? As in FCI-Dublin, the response has been to describe the situation as “a failure”. There was no failure, there was, and is, refusal.

In May, it was reported that the number of deaths by suicide in the Cefereso 16 CPS Femenil de Morelos, the women’s prison in Morelos, had increased by so much that all cases from then on would be investigated by the Fiscalía General de la República, the Attorney General of Mexico. In July, it was reported that almost half the women held in prisons are remand prisoners … innocent until proven guilty … or dead. The United Nations finds this situation “particularly preoccupying.”  Again, as in the United States and the United Kingdom, the systematic violence against women is seen as a “failure”. There was no failure. There was simply refusal.

In the global scheme, the women’s prisons of the United States, United Kingdom, and Mexico are not outliers. If anything, they’re viewed as more or less preferable to prisons in many other parts of the world. None of that matters. What matters is justice. Again and again, the State, or the Fourth Estate, “discovers” systemic and systematic violence against women in prisons, jails, detention centers. Each time, shock and dismay are expressed, then “failure” is somberly and solemnly declared, and then … nothing. At best, the individual house of horror is shut down and the women are moved … to another. There is no justice in women’s prisons. There is cruelty in the decision that every act of violence was a sign of failure rather than the system working as it was meant to work, to the detriment and ultimate destruction of women. Otherwise, how else explain the infinite and cyclical  redundancy of discovery? Instead of “repairing” the prisons,  give the women, and the world, “proper help”.

 

(By Dan Moshenberg)

(Image Credit: Giovanni Battista Piranesi, The Gothic Arch / The Royal Academy of Arts)

Cruelty: As eviction rates rise, more children are being listed on eviction proceedings

 

             “Life is short and the world
is at least half terrible”
Maggie Smith, Good Bones

Ron Padgett opens his poem “The Absolutely Huge and Incredible Injustice in the World” with a simple question, “Why are we so mean?” That question came to mind recently reading the opening to a news report, “A housing advocate in central Ohio warns that more kids are being listed on eviction proceedings, as eviction rates increase. Though the problem isn’t widespread, it can have huge consequences on the children’s future access to credit and rental housing.” Children are being listed as defendants in eviction cases. While the number of cases is not great, why is there a number at all? And why must we be `convinced’ that this is a terrible thing? Why must we be `persuaded’ that listing a child on an eviction filing will affect and endanger that child’s well-being, possibly for the rest of their life? Why do we require studies to demonstrate that eviction, in fact housing precarity of any sort, has long term detrimental impacts on children? Why are we so mean?

The article under question focuses on Franklin County, in central Ohio. Franklin County is home to Columbus, Ohio, the state capital and the most populous city in Ohio. It’s also the home to Ohio State University. According to the 2020 Census, Franklin County held around 1,280,000 residents, of whom close to 61% are White, and a little close to 23% are Black.

According to Gene Edwards, Franklin County’s Municipal Court Legal Director and magistrate, “Franklin County is experiencing an absolute wave in evictions. We are seeing more evictions come in everyday than we have ever felt in our lives. We are on track this year to exceed 24,000 evictions. That would be setting a record. Last year, we set a record.” According to Princeton University’s Eviction Lab, eviction filings in Columbus are up 38% relative to their pre-Covid average. In March of this year, eviction filings were 2% above the pre-Covid average; in April, 36%; in May 62%. Who’s receiving these eviction filings? 32% of renters in Columbus are Black; 53% are White. 49% of those receiving eviction filings were Black; 38% were White. 58% were female. None of this is surprising, but it needs to be said.

In all of this predictable, and predictably dismal, stew, how do children figure, and, more to the point, how do children’s names end up on eviction filings? Study after study, article after article, has documented that the epicenter of the national eviction crisis is single Black women heads of households. While, again, it should be obvious, it needs to be said that “heads of households” means accompanied by children. That’s how children figure in this crisis, today and for decades to come. How do their names appear on eviction filings? The landlord’s attorney adds the children’s names to the eviction notice. Those names are not on the lease, if there is a lease. In many instances, those children were not yet born when the family moved into the unit. Yet somehow they’re now responsible, and they can be held responsible for the rest of their lives.

Evictions can follow a person for life. In a world in which many credit history apps don’t distinguish between eviction filings and evictions, eviction filings can haunt a person forever, irrespective of how the case was adjudicated. As Carlie Boos, Executive Director of the Affordable Housing Alliance of Central Ohio, noted, “It means that you are absolutely going to see children who were, you know, two years old, three years old today. They will grow up, they will get an education. They will go out into the world or they’re going to try and rent their first apartment, and they’re going to be denied, because there’s an eviction record from when they were a baby sitting there”.

Why do we allow, and even encourage, this cruelty? How many studies are needed before we understand that the “eviction crisis” is a war on Black women? How many articles and studies are needed before we address our complicity in the erasure of the futures of a whole generation of Black children, growing up today? Why are we so mean?

(By Dan Moshenberg)

(Infographic Source: The New York Times)

Hathras District `stampede’ … and again we learn nothing

 

Mughalgarhi village is in Hathras District in Uttar Pradesh, in northern India. It’s about 220 miles south of the state capital, Lucknow. At some point today, over a hundred people, mostly women and children, were crushed and or suffocated to death at the end of a large gathering. Yet again. And, yet again, the reports insist on describing this horrific and tragic event as a “stampede”. Al Jazeera headline: “Death toll from India stampede rises to 116”. New York Times headline: “Stampede at Religious Gathering in India Kills More Than 100”. ABC News headline: “Stampede at religious event in India kills more than 100, mostly women and children”. Washington Post headline: “More than 100 killed in Indian religious event stampede, officials say”. CBS Newsheadline: “Stampede at religious gathering in India leaves at least 116 people dead”. The rest of the news media reserved “stampede” for the bodies of their respective articles, but the consensus was that a stampede had happened. And yet again that stampede resulted in the deaths of mostly women and children.

Stampedes occur all the time, at least according to the news media. Most recently, stampedes have been reported on in Rwanda, Saudi Arabia, and Gaza. Before, they’ve happened in South Africa, Bangladesh, Pakistan, Indonesia, Côte d’Ivoire, Thailand, the United States, South Korea, El Salvador, Guatemala, France,England, and all points between and beyond. This is a drastically reduced list. Each event was horrific and tragic, but at some level the humanity of the horror and the tragedy is diluted, if not obviated, by the descriptor, stampede.

There was no stampede. There was no surge or rush. There was a place, constructed by hands and tools and design and policy. That place was planned. That people were killed there is either a failure of the plan or built into the plan, but what is clear is that, once again, people, the majority of whom were women and children, were sacrificed by that plan. Again, there was no stampede. As one survivor explained, “There was no way out, and people were falling on each other”. There was no way out. As one member of parliament put it, “Look what happened and how many people have lost their lives. Will anyone be accountable?” Another member of parliament responded, “Every year, these kinds of incidents keep repeating themselves, and we learn nothing”. We learn nothing.

(By Dan Moshenberg)

(Image Credit: Ad Reinhardt, Abstract Painting No. 5 / Tate Modern)

Our investment in cruelty and despair: Nauru continues

 

“I had said I wasn’t going to write no more poems like this
I made a mistake”
Gil Scott-Heron

On Wednesday, the headline read: “What is our future?’: the Nauru detention centre was empty. Now 100 asylum seekers are held there”. We’re ba-a-a-ack! Not haunted by supernatural beings, but rather by our own supposedly democratic natures that insist on greeting those who need help by treating them as just so much garbage, dumping them anywhere but here. In this instance, the anywhere is Nauru. Nauru, which closed for all of two minutes is up and running, and not running again.

At the end of June 2023, Human Rights Watch reported, “Over the weekend, the last refugee held on the island country of Nauru under the Australian government’s abusive offshore processing policy was finally evacuated to Australia. Despite the good news, the Australian government remains committed to its unlawful and expensive policy of offshore processing of asylum seekers. In this year’s budget, the government allocated AU$1.5 billion (US$1 billion) over the next four years to fund offshore operations.” After eleven years, the immigration processing center, which processed almost no one, was finally closed, that place which both Human Rights Watch and Médecins Sans Frontières described as a place of “indefinite despair” and “sustained abuse”, descriptions which were documented and, tragically, repeated year in and year out, from 2011 on. Finally, that particular site of abuse and despair was empty.

Or was it? If Nauru was closed, what was Australia allocating a billion US dollars for? In July 2023, the BBC asked the same question, and their answer, in a word, was deterrence. The fact that researchers have repeatedly found that offshore processing has little to no effect on maritime arrivals. Why would Australia, and Australia is just an example here of an attitude and policy shared by many so-called receiving countries, invest so much money in a policy that doesn’t work? Indefinite despair.

In September, Nauru greeted the first “new” batch of asylum seekers. This month already, 37 have arrived. If history is any indication, they will spend years there. Medical care on Nauru is limited, at best, when there’s any care at all: “There is no dedicated torture and trauma counselling available to asylum seekers, and specialist care – such as ear nose and throat, eye, renal, and hearing specialists – are not available.” Why would someone fleeing “severe persecution” of all sorts need or want torture or trauma counselling?

Since 2013, we’ve written repeatedly about the cruelty and routine torture taking place at Nauru. That’s what a billion US dollars buys, for four years at least, a house of cruelty, a camp of despair. In 2012, Marianne Evers, a trained counsellor and a nurse with more than 40 years’ experience, signed up to work for six weeks at Nauru. She lasted three weeks. In 2013, speaking of Nauru, she said, “I actually liken it to a concentration camp.” Not surprisingly, the Australian government took offense at the likening, “I think invoking concentration camp is a disgrace.” Calling the camp on Nauru Island a “concentration camp” was a disgrace, but the camp itself … was just fine. And it still is.

 

(By Dan Moshenberg)

(Image credit:  Zarina: Despair from Home Is a Foreign Place / Museum of Modern Art)

Prison conditions: “We have the resources. We just seem to not have the compassion”

 

No hurt I did not feel, no death
That was not mine; mine each last breath
That, crying, met an answering cry
From the compassion that was I.
Edna St. Vincent Millay

Recently, three stories concerning dangerous, often fatal, prison conditions collided. In the United States, incarcerated people in Texas face a brutal summer without air conditioning. Objecting to being “cooked to death”, incarcerated people and supporters have filed a lawsuit, which claims that at least 40 incarcerated people died of heat related causes. In England, Chief Inspector of Prisons Charlie Taylor issued an “urgent notification” about conditions in HMP Wandsworth, England’s second largest prison. Taylor has been Chief Inspector of Prisons for four years. In his report on Wandsworth, Taylor noted he encountered “a degree of despondency he had not come across in his time as chief inspector“. In the past year, seven people died of self-inflicted wounds.  The number and intensity of elf harm cases is rising. The Chief Inspector issued an “urgent notification”, meaning the State has to `improve’ the conditions at Wandsworth. In Mexico, in Morelos, in el Centro Federal de Readaptación Social, a women’s prison, 15 women have died in the past four years. In 2023, eleven women died. The prison claims the deaths were suicides. Public defenders and allies argue that the deaths resulted from violations of the women’s rights to access health care. The National Human Rights Commission recently documented such violations. In response to the situation in Texas prisons, State Representative Carl Sherman, D-DeSoto, commented, “We have the resources. We just seem to not have the compassion to do it.”

We don’t have the compassion. Once, compassion meant “suffering together”. Both parts carried equal weight. One who felt compassion suffered; one who felt compassion was intimately bound with the other. Compassion meant staying with, in suffering. More than sympathy, more than affinity, compassion required continued empathetic solidarity. When it comes to prisons and jails, we have not stayed. More precisely, we have refused to stay with. Over the years, government officials have repeatedly described HMP Wandsworth as a death trap. The reports generate a day, maybe a week, of attention, and then it’s gone. Over the years, Texas prisons have been sued, repeatedly and successfully, for the criminal conditions in which people are held, particularly in the summers. The reports generate a day, maybe a week, of attention, and then it’s gone. Over the years, government officials have criticized el Centro Federal de Readaptación Social for its violations of prisoners’, of women’s, rights. Those reports generate a day, maybe a week, of attention, and then it’s gone.

Marci Marie Simmons, a formerly incarcerated woman and the community outreach coordinator for the Lioness Justice Impacted Women’s Alliance, an organization in Texas, said, “The fact is, if we don’t get air conditioning in these facilities now, people are going to die this summer.” People are going to die this summer as they did last. We have the resources. We just seem not to have the compassion.

(By Dan Moshenberg)

(Image Credit: Michelle Pitcher / Texas Observer)

Millions of affordable homes have disappeared over the past decade

“Millions of lower-cost apartments have essentially disappeared over the past decade, either through rising rents or by falling into disrepair” The New York Times March 21, 2024

Earlier this month, the National Low Income Housing Coalition came out with its annual report on the availability, or lack thereof, of affordable housing, The Gap 2024: A Shortage of Affordable Housing. “No state has an adequate supply of affordable rental housing for the lowest-income renters”. According to NLIHC, the current shortage is more acute than it was prior to the pandemic. There are currently 7.1 million affordable homes for 11 million households. “Of those. 7.0 million rental units, 3.3 million are occupied by higher income households, leaving only 3.7 million rental homes that are both affordable and available for extremely low-income renters.”

According to the U.S. Interagency Council on Homelessness, “housing is unaffordable because wages have not kept up with rising rents. There is no county or state where a full-time minimum-wage worker can afford a modest apartment. At minimum wage, people have to work 86 hours a week to afford a one-bedroom. Even when people can afford a home, one is not always available. In 1970, the United States had a surplus of 300,000 affordable homes. Today, only 37 affordable homes are available for every 100 extremely low-income renters. As a result, 70% of the lowest-wage households spend more than half their income on rent, placing them at high risk of homelessness when unexpected expenses (such as car repairs and medical bills) arise.”

Wages are stagnant, rents increase. That contributes to the housing crisis. Almost half the affordable homes are occupied by higher income households. That also contributes to the housing crisis. But there’s more. Across the country, municipalities “fail”, or refuse, to create more affordable units: “No new affordable rental units were brought online in 2023, and no units were rehabilitated. Further, Des Moines failed to achieve, even in part, its goal of assisting 35 households facing homelessness with `rapid rehousing.’” Or take Millburn Township, a wealthy New Jersey suburb of New York City. Thanks to a landmark legal case years ago, New Jersey is ruled by the Mount Laurel legal doctrine which decrees that every town in the state has to make it possible to build lower-cost residences. Millburn Township decided it didn’t have to. So first it ignored repeated court decisions and then, more recently, it simply pulled out of a relatively modest affordable housing project. At present, Millburn Township has only 38 affordable homes. Refusal and failure, failure and refusal contribute to and intensify the affordable housing crisis.

A report issued today, suggests that for the next five years, renting will be 38% cheaper than buying. For the next five years, the pressure on the rental market to upscale, by raising rents and by remodeling for bigger units, will continue or increase. But what’s five years in a country in which people wait for federal housing vouchers for over a decade and then, when they’re “lucky” enough to finally catch one, landlords won’t accept them. Yes, that’s illegal. No, landlords don’t get punished. What’s five years in that context, in that nation?

Five years is half a decade. Again, over the past decade, millions of lower-cost, affordable and especially deeply affordable homes have disappeared. Many were allowed or even encouraged to “fall into disrepair”, encouraged by a market and society in which owners could make more profit by destroying their stock, often with the hopes of recouping the “loss” later through “redevelopment”. The rest were disappeared by rising and then skyrocketing rents. Millions of affordable and deeply affordable residences, homes, were disappeared, kidnapped, and working families across the United States were, have been, and are being held for ransom. What is justice in a nation that can countenance the destruction of millions of homes and the devastation of tens of millions of lives in such a short period of time?  Where once the alibi for forced removal of housing and populations was “blight”, today it’s just business as usual. Five years is half a decade, and, really, what’s a decade?

(By Dan Moshenberg)

(Image Credit: Amanda Williams, “Color(ed) Theory: Crown Royal Bag” / Smithsonian)

In prisons in England and Wales, “evidence of the levels of distress of the women being held”

At the beginning of February, His Majesty’s Chief Inspector of Prisons Charlie Taylor issued a report, “The long wait: A thematic review of delays in the transfer of mentally unwell prisoners”. It is predictably dismal and dismaying reading, dismaying not only because of its gruesome details and insights but also because of its lack of surprise. There is no surprise that the prisons of England and Wales are the furthest possible distance from any sense of justice. There is likewise no surprise that the most vulnerable, the ones most in need of assistance and more, are the least served, or, perhaps, the most served with a kind of violence and misery. Here’s the core of the most current report: “Only 15% of patients in our sample were transferred within 28 days and waiting times for a bed were too long. The average wait was 85 days from the point it was identified that their mental health needs could not be treated in prison, with a range of three to 462 days.” By law, anyone deemed in need of mental health care must be, not should be must be, transferred to mental health hospitals within 28 days. In this scenario of lack of, or refusal of, care, where are the women? Again predictably, everywhere and under the greatest threat.

Much of the report involves “men and women”, as in “Our prisons continue to hold a number of very seriously mentally unwell men and women”. But there are moments in which women are at the center of the findings: “I will always remember the deep shock of walking into a unit in Eastwood Park, where acutely mentally unwell women were being held in appalling conditions with bloodstains on the floor and scratch marks on the walls; evidence of the levels of distress of the women being held there …. At Low Newton women’s prison in Durham the screams from the inpatient unit where the most mentally unwell women were held were so distressing that other prisoners told us they were put off going for their medical appointments.”

“I will always remember”. The irony is that, while Charlie Taylor may always remember, the “care” for women who are incarcerated is marked by amnesia and silence. Consider the twelve months prior to the report’s release, and this will be at best a grossly minimal account.

In March, the Independent Monitoring Board issued its Annual Report of the Independent Monitoring Board at HMP/YOI Eastwood Park: “Whilst efforts have been made to reduce levels of self-harm the high number of women being imprisoned with severe mental health issues has been compounded by the impact of lockdown. Eastwood Park is currently considered nationally as a prison of concern.” Repeatedly, the report emphasizes that the prison is now housing an “unprecedented number of mentally unwell and vulnerable women, as well as women with complex needs.” The result is, predictably, “exceptionally high levels of self-harm.” Eastwood Park is currently considered nationally as a prison of concern. Is it? By whom? By the way, this report was widely reported.

On July 27, 2023, the UK Ministry of Justice released Safety in Custody Statistics, England and Wales: Deaths in Prison Custody to June 2023 Assaults and Self-harm to March 2023: “There were 59,722 self-harm incidents in the 12 months to March 2023, up 11% from the previous 12 months, comprising of a 1% decrease in male establishments and a 52% increase in female establishments. Over the same period, the rate of self-harm incidents per 1,000 prisoners, which takes account of the increase in the prison population between this and the previous year, decreased 5% in male establishments but increased 51% in female establishments …. There were 59,722 self-harm incidents in the 12 months to March 2023, up 11% from the previous 12 months, comprising of a 1% decrease in male establishments and a 52% increase in female establishments … In male establishments, self-harm incidents decreased 1% and assault incidents increased 11%. In female establishments, both self-harm and assault incidents increased, by 52% and 16% respectively … The rate [of self-harm] in female establishments has increased considerably by 51% to a new peak (5,826 per 1,000 prisoners), whereas it has decreased 5% in male establishments (523 per 1,000 prisoners), meaning the rate is now more than eleven times higher in female establishments.” These dismal numbers were widely reported.

In the next Ministry of Justice Safety in Custody Statistics report, the investigators found, “The rate of self-harm incidents per 1,000 prisoners, which takes account of the increase in the prison population between this and the previous year, increased 3% in male establishments and increased 63% in female establishments.” This too was widely reported.

On November 23, 2023, the National Health Service England released its long awaited report, A review of health and social care in women’s prisons. The report, which received widespread attention, stated, “Women in prison have disproportionately higher levels of health and social care needs than their male counterparts in prison and women in the general population. High numbers of women in prison experience poor physical and mental health and many are living with trauma. Findings from this Review further highlight the vulnerability and adverse life experiences of many women in prison. Mothers feel keenly the separation from their children that imprisonment brings, and women who are mentally unwell are still being sent to prison. None of this is new.” None of this is new.

Concerning mental health care, the report noted, “Acutely mentally ill women are still being sent to prison.  Prisons are ill equipped to provide the necessary treatment and care for acutely mentally ill women.  There is a gap in mental health services across the range of needs including primary mental healthcare and specialist interventions for women who have experienced trauma, including sexual and domestic violence.” This too was widely reported.

There were many more reports, both from the government and from various organizations and news agencies, but the point is made. None of this is new. Reports are only fine if they are read and acted upon. Otherwise, they are worse than empty gestures. They are part of the machinery that is pulverizing women –  vulnerable women, women of color, working class women, women living with mental health issues, women living with disabilities, pregnant women, women who are mothers, women – into dust. The women’s prisons are filled with dust. It is a matter of concern. We will never forget … will we?

 

(By Dan Moshenberg)

(Image Credit: NHS England)

Tenants who were threatened with eviction experienced excess mortality that was ten times higher than that of the general population

A new study came out this week that demonstrated that “tenants who were threatened with eviction experienced excess mortality that was ten times higher than that of the general population … People who faced an eviction filing during the pandemic died at over twice the rate that was normal prior to the pandemic.” While the majority of those facing eviction predictably lived in low-income communities, and more often than not communities of color, those who were threatened with eviction had a much higher mortality rate than their immediate neighbors who did not face eviction. We know, or we think we know, that eviction is an existential crisis. This study demonstrates that eviction filing, facing eviction, whether or not one is ultimately thrown to the streets, is itself an existential crisis. For many, an eviction filing like an eviction is a death sentence.

Where are the women in this toxic scenario? Everywhere, women are the very fiber of the story, of the situation. “The median age of the threatened renters was 36 years, 62.5% were women, 57.6% were Black, and their median annual household income was $38,000, with 25.9% living below the poverty line.” For Black women the arithmetic is particularly telling and lethal. While Black women make up 11.5% of renters considered, they comprised 38.7% of those who faced eviction filings, the highest proportion of any group. The study considered the first two years of the pandemic. During that period, according to the study’s authors, “if we had eliminated eviction filings altogether, more than 8,000 lives could have been saved.” What exactly is the value of a human life in the current housing market?

While, at some level, none of this is surprising, given the intersection of gender, race/ethne, class in the general eviction story, it bears emphasizing that the “mere act” of being threatened with eviction is tantamount to a death sentence. When you hear or read of the “eviction epidemic”, remember that that’s not a figure of speech. Evictions kill, eviction filings kill.  Across the country, we see spikes in both eviction filings and evictions. Those are part of a national, and global, war on women, and in particular on low- to moderate-income women of color. Decent and secure housing is, or should be, a right. Safe and stable housing is life itself.

 

(By Dan Moshenberg)

(Images credit: Ariana Torrey / USA Today)

No-fault evictions and the persistence of feudalism in housing

Sunday morning, February 11, the United Kingdom’s so-called housing minister Michael Gove appeared on BBC’s Laura Kuenssberg’s Sunday morning politics show, and he did not fail to politick. When asked about the housing situation and in particular the Tory government’s four-year failure to pass its Renters (Reform) Bill which would ban no-fault evictions, the minister “promised” to end no-fault evictions by the time the next general elections roll around, sometime at the end of this year or the beginning of next. Whether these are hollow promises or not, and they are, is an issue many are discussing. Why it is so difficult to end no-fault evictions, and not only in the United Kingdom, is another, equally sordid issue. The reason, to cut to the chase, no-fault evictions persist is that renters today just as renters two hundred years ago find themselves firmly embedded in contemporary feudalism.

But first, a quick summary of the sad history of not addressing no-fault evictions. In 2019, the Conservative Party’s manifesto promised to end Section 21 of the Housing Act 1988, which codified the right, and power, of landlords to evict tenants “without having to establish fault on the part of the tenant”. In April 2019, the government announced “plans to consult on new legislation to abolish Section 21 evictions – so called ‘no-fault’ evictions”.  That consultation went from April 2019 to October 2019. The resulting consultation paper proposed abolishing Section 21. That was over four years ago. What happened? A great deal and absolutely nothing.

Formally, nothing happened until June 2022, when the government issued a White Paper, “A fairer private rented sector”, which offered a 12-point action plan. The third action, in its entirety, reads: “We will deliver our manifesto commitment to abolish Section 21 ‘no fault’ evictions and deliver a simpler, more secure tenancy structure. A tenancy will only end if the tenant ends it or if the landlord has a valid ground for possession, empowering tenants to challenge poor practice and reducing costs associated with unexpected moves.” That was June 2022. The Queens Speech 2022 stated that a Renters Reform Bill would be introduced in the 2022 – 2023 session of Parliament. It wasn’t. So where is Section 21 today?

On one hand, a bill was finally introduced. The discussion of the bill has been delayed, again, until at least March. On the other, more dire hand, 2023 saw a 50% increase over 2022 in no-fault evictions, the highest number of no-fault evictions since 2016. Since the government first announced it would ban no-fault evictions, 26,000 households, 26,000 families, have suffered no-fault evictions. Landlords can smell something going on and are acting “accordingly”.

While one in five Conservative MPs are landlords, even if that were not the case, the Renters (Reform) Bill would have a tough road. Landlords have argued, apparently persuasively, that giving tenants “just cause” protection would harm the rental market. While there’s no evidence of that, and while this bill doesn’t go nearly far enough, one can see in the formulation an image of what that market actually is. A place where only the landlord exists. Paid your rent, month in month out, for years, maybe even decades? If you had the temerity to complain about maintenance, you’re out. If you had the gall to complain about exorbitant rent hikes or management harassment, you’re out. If something has changed the general broader neighborhood and people with more money are beginning to consider renting there, you’re out. Period. The years you’ve invested in maintaining the property count for less than nothing, less than nothing because now you have the Scarlet Letter E. Good luck finding a place to live.

This scenario is playing out around the world. 4% of evictions in Canada are no-fault evictions. In British Columbia, the epicenter of evictions in Canada, 85% of evictions were no-fault evictions, compared to 65% nationally. How do landlords explain this “epidemic” of no-fault evictions? They say the rules are too strict. Tenant advocates point out that the rules and punishments are actually among the easiest in Canada. Similarly, Australia is suffering a rise in no-fault evictions.

Across the United States, no-fault evictions are on the rise as well. In Connecticut, where evictions have risen steadily, no-fault evictions used to make up 9% of evictions annually. Now they comprise 11%. In April, California will once again ban no-fault evictions. In 2019, California passed “a landmark law” which prohibited no-fault evictions, with three exceptions: the landlord moving into the units, making repairs, or taking the units off the rental market. Guess what happened? In Santa Clara County a landlord evicted tenants, claiming relatives had to move. Magically, soon after, the apartments were re-listed at nearly double the price. Under the new law, landlords moving into their units or renting to family will have to identify the people moving in. They will have to move in within three months of eviction, and they will have to live in the unit for at least a year. Those who evict tenants to renovate properties, so called renovictions, will have to provide copies of permits or contracts when serving eviction notices. If landlords do not comply, they will have to allow evicted tenants to return under the original lease terms. Finally, the new law authorizes the attorney general, local government and renters to sue landlords for wrongful evictions and illegal rent increases.

From the United Kingdom to Canada to Australia to the United States and beyond, the elimination of no-fault evictions is an ongoing struggle. Powerful landlord groups are fierce in their opposition. Even when laws are passed, as happened in California, landlords find ways of exploiting what seemed like reasonable exceptions. Tenants often are uninformed about their rights and their power. And finally, often, as the new California law suggests, even when the eviction is wrongful, illegal, the tenant is left to pursue justice in civil court. Even though the landlord has actually broken the law, the State does not prosecute. Why does the State not pursue landlords who engage in wrongful eviction? Because in feudalism the bond between land and lord is sacred, and the tenants are not even shadows.

 

(By Dan Moshenberg)

(Image Credit: The Guardian / Bill Bragg)