Landlord/Tenant Options Counseling Project

Landlord/Tenant Options Counseling Project

In response to the Eviction Moratorium, Loyola Center for Conflict Resolution (LCCR) began preparing for an onslaught of cases in November of 2020 by creating Landlord/Tenant Options Counseling Project and the Landlord Tenant Options Counseling Tool anticipating the end of the moratorium was set in January of 2021. After LCCR trains students in these legal areas and in client options counseling, students work under the supervision of LCCR Staff throughout the semester to provide Landlord Tenant Options-Counseling. The objective is to assist both landlords and tenants in navigate their options in regard to eviction connected issues and when appropriate to utilize the mediation services of the LCCR. The vast majority of these disputes stay unresolved because the parties cannot find legal help, do not understand their rights, and do not know how to navigate the court system. An LCCR Conflict Resolution Associate conducts an in-depth educational one-on-one consultation with the caller, providing information and options from initial notice to post judgment issues so that we assist callers in making an informed decision about what the best path forward may be for them. LCCR’s staff and trained students assist each caller to gain a better understanding about their situation and learn about ways in which they can resolve their dispute without going to court, i.e. resolve it through conciliation (telephonic mediation) or a face-to-face mediation via zoom. In addition to the Options Counseling, the caller receives additional referrals and resources to legal service providers. Our goal was, and continues to be, to assist in preventing homelessness for the tenants who have nowhere else to turn and to assist landlords (mostly the small, mom-and-pop) from losing their properties due to non-payment of rents and keep cases out of court where possible.

The Los Angeles County Moratorium has been extended several times. Most recently through December, 2022. We do expect the number of Landlord Tenant eviction related cases will increase once the moratorium is eventually lifted.

“You’ve been critical to helping connect potential litigants with rental assistance programs, to mediating disputes, and if necessary, to representing the unrepresented in court.” Remarks by Vanita Gupta, Associate Attorney General.

The White House Recognized LLS for COVID-Era Eviction Work. LMU Loyola Law School was among the institutions recently recognized by the White House for responding to the Attorney General’s Call to Action to the Legal Profession to address the housing and eviction crisis, and help increase housing stability and access to justice in their communities.

 

Since February of 2021 LCCR has:

  • conducted five 2-hour trainings for our students and community volunteers – Training over 106 Individuals in our LANDLORD/TENANT Options Counseling Tool.
  • conducted LANDLORD/TENANT Options Counseling in 50 cases, which means we have used the tool 100 times.
  • 85 Landlord/Tenant  cases reached a RESOLUTION.  On average, these cases were resolved within 4 hours = 340 HOURS.
  • 18 of our Landlord/Tenant cases dealt with eviction specifically.

 

Landlord Tenant Options Counseling Project – Case Examples

A former tenant called LCCR to discuss options for resolving the past rent that was due and owing to the former Landlord.  LCCR provided Options Counseling to the caller.  The caller was informed about the State’s Rent Relief Program.  The caller asked that LCCR call the former Landlord to inform the landlord that the former tenant had applied for the funds, was requesting that the landlord await these funds, and they accept the 80% (as provided under the program at that time) as full payment of back rent owed.  The call was made and the Landlord agreed. The tenant applied for the funds and ultimately received the funding.

Recently, a Tenant reached out to the LCCR worried about possibly facing an eviction and ruining Tenant’s credit. Tenant explained that one of the caller’s co-tenants was moving out and caller would not be able to pay the rent without this co-tenant.  LCCR discussed all options available to the caller to resolve this dispute, which included direct negotiation with the landlord.  The caller was receptive to our assistance and decided to attempt to resolve the dispute a second time, now armed with new knowledge from the Landlord/Tenant Options Counseling Tool. The caller was able to resolve it on their own. If caller had not been able to resolve it, the caller was willing to allow LCCR to assist both parties reach a resolution.

Los Angeles County created a toll-free countywide Landlord Tenant MEDIATION HOTLINE, where callers are directed to mediation centers that can assist them. The toll-free number is (833) 687-0967.

A special thank you to Alexandra Pogonat for taking on the lion's share in creating, maintaining, and training on our Landlord Tenant Options Counseling Tool, and to our LCCR students Patricia Ortega, for finalizing our Spanish toolkit, and Anita Chirinian, who translated and provided the Armenian prompt for the Mediation Hotline.