Milwaukee County program to provide free legal aid for evictions, foreclosures

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Milwaukee County has established a new pilot program to provide no-cost legal representation to residents who are faced with eviction or foreclosure.

County Executive David Crowley signed the Right to Counsel Milwaukee ordinance outside the Milwaukee County courthouse on Monday. The program is scheduled to begin on Sept. 1, about a month after the federal eviction moratorium ends.

.@DavidCCrowley about to sign a “Right to Counsel” measure that will provide free legal representation for residents facing eviction or foreclosure pic.twitter.com/HLjU7qfkMr

— Brendan Cullerton (@BCullerton) July 19, 2021

Right to Counsel Milwaukee will begin with a six-month pilot phase dealing with the representation of eligible families with minor children who may be evicted. Any family who can’t afford a lawyer will be represented by one of 12 attorneys who specialize in housing law. The program may also subcontract counsel to ensure overflow and conflict issues are covered.

The projects is part of the county’s work to curtail evictions resulting the COVID-19 pandemic. Crowley said it will provide an additional resource for residents, allowing them to maintain housing security and avoid the harm of eviction.

Milwaukee County has allocated more than $30 million through stimulus funding to provide eviction prevention, rental assistance and mortgage assistance. The money has prevented the evictions of more than 8,500 families and decreased street homelessness, Crowley said.

United Way of Greater Milwaukee is leading Right to Counsel Milwaukee with support from the Legal Aid Society of Milwaukee. Ryan Clancy, county board supervisor and author of the Right to Counsel Milwaukee ordinance, said United Way made a $1.5 million commitment to the program. He expects it will help both families and individual residents.

Data from the Milwaukee Eviction Defense Project show that 90% of eviction cases are dismissed or delayed when a tenant has legal representation, but only about 3% of the 14,000 Milwaukee families faced with eviction in a typical year will have an attorney. The families most at risk for evictions are made up of Black and Latino residents in low-income areas, according to data from the Milwaukee County Small Claims Court. Black women, families with children and Latino families in mostly white neighborhoods are also disproportionately evicted.

Housing is one of the main determinates of health, said James Mathy, Milwaukee County housing administrator. He believes Right to Counsel Milwaukee will provide stability for families and help the county combat homelessness. Follow @WLJReporter