HOUSING JUSTICE IN SMALL CLAIMS COURT - EXECUTIVE SUMMARY

• NCJ Number: 64343
• Author(s): ANON
• Date Published: 1979
• Length: 31 pages
• Grant Number(s): APR.75-07905
• Contract Number(s): H-2856
• Sponsoring Agency: US Dept of Housing and Urban Development; National Science Foundation
• Corporate Author: National Ctr for State Courts; American Bar Assoc
• Sale Source: American Bar Assoc.; National Institute of Justice/
• Publication Type: Statistics
• Language: English
• Country: United States of America

Annotation

SUMMARIZING FROM THE AMERICAN BAR ASSOCIATION-DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BOOK, 'HOUSING JUSTICE IN SMALL CLAIMS COURTS,' THIS PRESENTATION EVALUATES THE DISPUTE RESOLUTION PROCESS AS APPLIED TO HOUSING ISSUES.

Abstract

THE USE OF SMALL CLAIMS COURTS IN THIS COUNTRY IS WIDESPREAD, WITH 42 STATES CURRENTLY USING THEM FOR THE RESOLUTION OF DISPUTES, INCLUDING THOSE FROM A WIDE VARIETY OF HOUSING-RELATED MATTERS. THESE COURTS REPRESENT A SPECIAL AND SIMPLIFIED PROCEDURE PROVIDED UNDER STATUTE TO GOVERN ADJUDICATION OF A SPECIFIED RANGE OF SMALLER CIVIL DISPUTES, GENERALLY INVOLVING MONETARY DAMAGES AVERAGING LESS THAN $600 NATIONWIDE. DATA FOR A STUDY ABOUT THESE COURTS WERE OBTAINED FROM AN EXAMINATION OF 15 SMALL CLAIMS COURTS, IN EACH OF WHICH 500 CASES WERE RANDOMLY SELECTED FOR EVALUATION FROM THE 1975 COURT CASELOADS. DETAILED QUESTIONNAIRES WERE SENT TO EACH PLAINTIFF AND DEFENDANT IN THE DATABASE. THIS PROCEDURE PRODUCED A FINAL DATABASE OF 7,218 CASES FROM THE 15 COURTS. EXCLUDED FROM HOUSING-RELATED DISPUTES UTILIZING SMALL CLAIMS COURTS WERE EVICTION ACTIONS AND HOUSING, SAFETY, AND BUILDING CODE VIOLATIONS WHICH ARE HANDLED IN LOCAL COURTS, CRIMINAL COURTS, AND BY ADMINISTRATIVE AGENCIES, DEPENDING UPON THE NATURE OF THE CASE. APPROXIMATELY 12 PERCENT OF THE CASES INVOLVED LANDLORD-TENANT DISPUTES. OTHER TYPES OF DISPUTES INCLUDED TENANT RENT STRIKES, ACTIONS BY TENANTS FOR DAMAGES RESULTING FROM DEFECTIVE PREMISES, BAD CHECKS, AND DISPUTES BETWEEN COTENANTS. OF THE TOTAL PLAINTIFFS IN THIS CASE SAMPLE, 42 PERCENT WERE INDIVIDUALS, 33 PERCENT WERE NONCORPORATE BUSINESSES, 23 PERCENT WERE CORPORATIONS, AND 2 PERCENT WERE GOVERNMENTAL AGENCIES. IN LANDLORD-TENANT DISPUTES, 76 PERCENT OF THE PLAINTIFFS WERE INDIVIDUALS. TENANTS MORE OFTEN DID NOT SUCCEED WHEN THEY USED AN ATTORNEY AT TRIAL; LANDLORDS DID SLIGHTLY BETTER WHEN REPRESENTED BY AN ATTORNEY. PROBLEMS EXPERIENCED IN COLLECTING SMALL CLAIMS JUDGMENTS WERE REPORTED BY BOTH LANDLORDS AND TENANTS. TABULAR DATA ARE INCLUDED IN THE SUMMARY. (LWM)