NCJ Number
64342
Date Published
1979
Length
168 pages
Annotation
THIS EMPIRICAL EXAMINATION OF LANDLORD-TENANT JUSTICE IN SMALL CLAIMS COURTS IS ONE COMPONENT OF THE AMERICAN BAR ASSOCIATION'S NATIONAL HOUSING JUSTICE AND FIELD ASSISTANCE PROGRAM TO RESOLVE HOUSING DISPUTES.
Abstract
DATA WERE COLLECTED FROM A 2-YEAR NATIONAL EXAMINATION OF SMALL CLAIMS COURTS. THE EXAMINATION INCLUDED CASELOAD ANALYSIS, LITIGANT SURVEYS, AND COMPREHENSIVE JUDICIAL AND COURT STAFF INTERVIEWS IN 15 SMALL CLAIMS JURISDICTIONS. COURT RECORD DATA AND LITIGANT QUESTIONNAIRE DATA WERE ANALYZED TO HELP DISTINGUISH SIMILARITIES AND DIFFERENCES IN LANDLORD-TENANT DISPUTES FROM OTHER TYPES OF SMALL CLAIMS DISPUTES AND LITIGANTS AND TO DETERMINE IF CERTAIN CHARACTERISTICS OF LANDLORD-TENANT DISPUTES SEEMED TO INDICATE PROCEDURAL, STAFFING, AND/OR OTHER INSTITUTIONAL CHANGES TO IMPROVE DISPUTE RESOLUTION. THE NUMBER OF HOUSING-RELATED CASES IS HIGH IN LOCAL JUSTICE SYSTEM CASELOAD VOLUME. BECAUSE HOUSING LITIGATION IS FRAGMENTED IN ITS DISTRIBUTION AMONG COURTS, SERIOUS CONSIDERATION SHOULD BE GIVEN TO ESTABLISHING COMPREHENSIVE HOUSING COURTS AT THE LOCAL LEVEL WHERE HOUSING CASES CAN BE BROUGHT, CONSOLIDATED, AND HANDLED WITHOUT THE NEED FOR LITIGANTS TO USE SEVERAL JUDICIAL FORUMS. REFORM SHOULD BE INSTITUTED TO MINIMIZE INEFFICIENCIES AND INEQUITIES IN THE HANDLING OF HOUSING DISPUTES BY SMALL CLAIMS COURTS. DETAILED ANALYSIS OF LANDLORD-TENANT JUSTICE, LITIGANTS, CASE OUTCOMES, DEFAULT JUDGMENTS, PRETRIAL SETTLEMENTS, COLLECTION OF JUDGMENTS, AND TIME AND COSTS REQUIRED FOR DISPUTE RESOLUTION IS PRESENTED. SUPPORTING DATA ARE TABULATED. APPENDIXES CONTAIN INFORMATION ON STATUTORY VARIATIONS IN SMALL CLAIMS COURTS BY STATE AND NATIONAL SURVEY QUESTIONNAIRES. (DEP)