Eviction in Delaware: Does “Right to Representation” Make a Difference?

• Arianna Olvera-Diaz, Public Policy, University of Delaware

• Stephen Metraux, Center for Community Research and Service| Biden School of Public Policy & Administration, University of Delaware

An eviction judgment can lead to homelessness, loss of housing subsidies, disruption of employment and schooling, damage to rental histories, and barriers to securing future housing. In July 2023, Delaware enacted its Right to Representation (RTR) law, establishing a statewide right to legal representation for eligible low-income tenants facing eviction. RTR also helps tenants understand their rights, negotiate settlements, access rental assistance, preserve housing subsidies, and avoid unnecessary displacement. Initial findings suggest that Delaware’s Right to Representation program is functioning as intended; however, a more formal and rigorous evaluation is necessary to assess its effectiveness and guide future decisions and adjustments of the program. Assessments conducted by CCJ at the end of the first (2023-24) and second (2024-25) implementation periods show positive feedback from the JP courts, rapid program expansion, and substantial RTR impact on tenant outcomes. During the first reporting period, legal aid agencies reported 188 eviction-prevention outcomes, 48 tenant-rights preservation outcomes, and 69 negotiated settlements. Later in FY2025, reported outcomes included approximately 792 evictions prevented, 480 negotiated settlements, 141 cases involving financial relief, and preservation of 103 housing subsidies or vouchers. A majority of clients served since implementation had incomes below 100 percent of the Federal Poverty Level, indicating extremely limited financial resources. These households often lack the means, finances, or legal expertise needed to navigate the court process effectively. This current study examines court system records and RTR program case files. As previously stated, a rigorous assessment is needed to measure the success of the program; to achieve this, we’ve conducted a basic comparison of outcomes between RTR recipients and control households who received eviction filings but did not receive RTR support. This study aims to provide a clearer understanding of how RTR functions and its effectiveness in preventing eviction judgment.