Thread by @abgutman, Decades ago Philly outsourced the execution of evictions to a private firm. [...]

Decades ago Philly outsourced the execution of evictions to a private firm.

The result? Tenants are not receiving the final notice before a lockout -- forcing them to forgo critical rights.

A @PhillyInquirer editorial board investigation. Thread. https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

Philly’s murky eviction system leaves some tenants blindsided. Here’s how it works. | Editorial

Philadelphia courts handed the critical stages of the eviction process to a private entity with little transparency.

https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

The eviction process in Philadelphia goes through landlord tenant court in the Municipal Court. Every step of the way, tenants are supposed to receive notice -- starting with the fact that their landlord filed a complaint. That doesn't always happen.

https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

It’s impossible to talk about eviction and not start w/ the power imbalance of landlord tenant court. Nearly all landlords have an attorney. Most tenants do not. 1/3 of eviction filings result in a tenant losing simply because they didn’t show up to court. https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

A new analysis from @TempleLaw’s Sheller Center found that 1-in-5 tenants (h/t @jsh3000) who asked for a new hearing after missing the original said they never received the notice -- which is both mailed and supposed to be served by a private company.

https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

But even after the 1st notice & hearing, there are more opportunities for notice. The most critical is the writ of possession -- an order stating that the landlord can kick you out in 11 days. It also informs the tenants of their right to 'pay-and-stay'.

https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

Tenants say they haven’t received this critical final notice. One tenant paid all her debt except for last $345 -- which she paid on the evening of her lockout. Still didn’t get to stay. This also comes up in court records often. “I was blindsided.” https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

According to multiple housing attorneys, not getting the writ of possession isn’t only something that happens -- it’s the norm. @CLSphila’s Rachel Garland: ““No tenant that we’ve seen in the past seven years has come in clutching a writ of possession.” https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

Again: Not getting the writ of possession means that tenants *do not know* a lockout is coming. They can't prepare their next housing. They can't pack. And they forgo their right to 'pay-and-stay' at any moment before the locks are changed. https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

Philly’s murky eviction system leaves some tenants blindsided. Here’s how it works. | Editorial

Philadelphia courts handed the critical stages of the eviction process to a private entity with little transparency.

https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

What is going on?

Evictions in Philadelphia are not executed by a sheriff or a constable, like in most places. They are executed by a private company that the court appoints as a Landlord Tenant Officer. This firm did 5,433 lockouts in 2019.

https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

The current Landlord Tenant Officer is Marisa Shuter.

Remember that tenant who paid all but the last $345? The judge who evicted her is called David Shuter -- Marisa Shuter’s husband. No bid. No contract. But exclusivity on the eviction business.

https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

Well played and h/t to @rw_briggs of @WHYY who beat me to the punch and reported on this relationship just a few days ago. Check out his reporting for more about who Marisa Shuter is. https://whyy.org/articles/philly-lawyer-collects-millions-evicting-people-for-city-courts-shes-married-to-an-eviction-judge/

A Philly lawyer evicts people for city courts. She’s married to an eviction judge

The lawyer appointed by Philadelphia Municipal Court to officiate over evictions is married to a court judge — a conflict of interest, ethics lawyers say.

https://whyy.org/articles/philly-lawyer-collects-millions-evicting-people-for-city-courts-shes-married-to-an-eviction-judge/

Nepotism is part of Philly courts brand. Just earlier this month @jeremyrroebuck reported that an equity assessment ordered by the court found that there is universal agreement that “nepotism was a significant part of the daily experience” at the court. “ https://www.inquirer.com/news/philadelphia-courts-racism-discrimination-first-judicial-district-workplace-karen-simmons-20200709.html

A study found Philly courts rife with nepotism and racial tensions. Judges waited a year to release...

The report concluded that women of color, in particular, including female judges, were experiencing bias and exclusion – including one incident in which a racist and sexist note was sent to a Black...

https://www.inquirer.com/news/philadelphia-courts-racism-discrimination-first-judicial-district-workplace-karen-simmons-20200709.html

The nepotism is infuriating and raises serious ethical questions.

But the real scandal is that 1) Philadelphia privatized evictions & 2) there is no accountability measures on the Landlord Tenant Officer to ensure it's doing its job -- serving notices. https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

Philly’s murky eviction system leaves some tenants blindsided. Here’s how it works. | Editorial

Philadelphia courts handed the critical stages of the eviction process to a private entity with little transparency.

https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

What do I mean by no accountability?

Every landlord tenant case has a public docket. Every is memorialized -- with time stamp & supporting documentation.

EXCEPT the delivery of the critical last notice -- writ of possession -- done by a private firm. https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

The lockout (Alias Writ Served on the docket) is supposed to occur at least 11 days after the final notice (writ of possession) was served.

Did enough time happen in this case?

There is *no way* to know. That's technical but it's wild. https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

How does a private firm gets to send private armed contractors to kick people out of their houses without the most minimal public documentation?! People don't know the name of the person who evicted them, and they have no good way to find out. https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

Philly’s murky eviction system leaves some tenants blindsided. Here’s how it works. | Editorial

Philadelphia courts handed the critical stages of the eviction process to a private entity with little transparency.

https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

All of this is an open secret in Philadelphia.

It was mentioned in the Mayor's Task Force on Eviction report in 2018. And in a resolution of the @PhilaBar in 2019. Nothing changed. https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

How do we get out of this mess? There are some things that the Municipal Court can do tomorrow -- like including proof of service of the writ of possession in the public docket. Even better if it will include a photo or a GPS timestamp.

https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

A lot of this mess will also be avoided simply by funding universal legal representation for tenants in housing court. Lawyers get electronic notifications in every step of the way, they know how to look up dockets, and are familiar with the timelines.

https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

But the real question is why are we sending armed private contractors to execute evictions when their only incentive is to work fast?

We can use the sheriff office. The court can hire servers.

How is this what we offer people at their darkest hour? https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

COVID-19 has made all of this much more urgent. There is going to be a flood on the courts whenever the eviction moratorium in PA expires. Rushed procedures and more work for servers mean that more tenants will fall through the cracks.

https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

There is also a historic opportunity. We have at least a month without evictions. Let's use this window with urgency -- to prevent as many evictions as possible but also to ensure that evictions that do occur happen w/ warning & without profiteering.
https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html /fin

Philly’s murky eviction system leaves some tenants blindsided. Here’s how it works. | Editorial

Philadelphia courts handed the critical stages of the eviction process to a private entity with little transparency.

https://www.inquirer.com/opinion/editorials/a/philadelphia-eviction-system-philly-renters-tenants-blindsided-20200728.html

Reporting this story has been a whirlwind. I appreciate everyone who talked to me on & off the record. Major thanks to @sandyshea who edited the piece, @errrica & @elenagooray who support me in so many ways, Dominique DeMoe for the graphics, & @edunkel for the online production.

You can follow @abgutman.

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