Delaware launches Right to Representation law to aid tenants in eviction cases

The Wilmington Intergovernmental Committee convened on May 7, 2025, to discuss significant developments in the Right to Representation in Eviction Cases law in Delaware. The meeting featured presentations from Lisa Lessner, Right to Representation Coordinator, and Sarah Rhine, Managing Attorney for the Community Legal Aid Society's housing unit. Their discussion highlighted the law's implementation and its impact on tenants facing eviction.

Lessner opened the presentation by providing context on the legislation, which aims to address the disparity in legal representation between tenants and landlords in eviction cases. Prior to the law's enactment, a study revealed that only 2% of tenants had legal representation compared to 86% of landlords. The Right to Representation law, passed in 2023, allows eligible tenants—those earning 200% or less of the federal poverty level—to receive legal assistance in eviction proceedings.

The phased implementation of the law began in November 2023, prioritizing specific zip codes to manage demand. Lessner noted that while there are exceptions for conflicts of interest and other limitations, the law aims to ensure that tenants are informed of their rights at various stages of the eviction process.

Rhine then detailed how the law has been functioning in practice. A key component is the requirement for all eviction cases to go through an eviction diversion program, which facilitates mediation between tenants and landlords before trial. This initiative aims to resolve disputes early, preventing displacement of families.

Rhine also discussed the challenges faced by tenants, particularly the anticipated increase in evictions and the depletion of rental assistance resources. The Housing Stability Program, a significant source of support for those at risk of eviction, is set to end soon, raising concerns about the future for many families.

To address financial barriers, a settlement assistance fund was established, providing one-time grants to help tenants negotiate with landlords. Rhine shared a poignant case of a grandmother who, after facing financial hardship due to unexpected funeral costs, was able to stabilize her housing situation with the help of this fund.

The meeting concluded with a call for continued support from the City Council to enhance the effectiveness of the Right to Representation law and to ensure that vulnerable tenants receive the assistance they need to maintain their housing stability. The committee emphasized the importance of community collaboration in addressing the ongoing housing crisis in Wilmington.