AARP Hearing Center
Background
In a typical year, 3.6 million formal evictions are filed, according to the Eviction Lab at Princeton University. Many more informal evictions likely occur. According to AARP/Statista analysis of Census Bureau data, an estimated 347,458 older adults age 55 and older are expected to be evicted in 2025.
Evictions disproportionately affect communities of color and women. Black and Hispanic/Latino renters, particularly women, are at greater risk for eviction than white renters with similar characteristics. Although Black people make up nearly one-fifth of all U.S. renters, half of eviction filings are against Black renters. Black and Hispanic/Latino renters are also more likely to be targeted with serial eviction filings—repeated filings against the same individuals at the same address.
Evictions are a core reason that renters experience housing instability. They are extremely disruptive and cause severe, life-altering economic, social, and health impacts. They can directly lead to homelessness and can make it more difficult to get or maintain a job. Eviction diversion programs that encourage or require proprietors and tenants to negotiate with one another can help avoid unnecessary evictions. In addition, policies that require just cause to evict a tenant, ensure due process rights for tenants, and provide tenants with access to counsel are associated with lower evictions and greater housing stability. Nationwide, only 3 percent of tenants are represented in eviction proceedings, compared with over 80 percent of owners.
A public record of eviction makes it markedly more difficult to secure stable, affordable rental housing moving forward. In some jurisdictions, an eviction appears in the public records as soon as it is filed. And it sometimes can remain even if the case is resolved in favor of the tenant. As such, a best practice is to seal an eviction record unless and until a judgment is entered against the tenant. Even when an owner prevails in an eviction proceeding, it is important to have an automatic process for expunging eviction records after a reasonable period of time has passed (just as foreclosures and bankruptcies are eventually removed from a consumer’s credit report). This will ensure that, over the long term, renters who have experienced a bona fide eviction eventually have the opportunity to obtain stable and affordable housing. For example, the District of Columbia expunges eviction records after three years.
EVICTIONS: Policy
EVICTIONS: Policy
Prevention
Policymakers should take steps to prevent unnecessary evictions. This includes:
- expanding emergency rental-assistance programs,
- creating and funding eviction diversion programs,
- requiring just cause to initiate an eviction proceeding,
- ensuring due process rights for tenants, and
- providing access to counsel for tenants with low and moderate incomes (see also Legal Services).
Policymakers should publicly track eviction proceedings and outcomes while protecting individual privacy in order to allow local governments to tailor policies that can help prevent unnecessary evictions. In addition, researchers should study informal evictions that occur outside the judicial system.
Policymakers should create and fund programs to help renters who are evicted secure housing.
Expungements
Eviction records should be sealed unless and until an eviction case is resolved in favor of the proprietor. Eviction records should be automatically expunged after a reasonable period of time has elapsed.