Evictions a Hidden Social Problem: Comparative evidence from Modern Welfare States
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Transcript of Evictions a Hidden Social Problem: Comparative evidence from Modern Welfare States
Evictions - a Hidden Social Problem. Comparative Evidence from Modern Welfare States.
Sten-Åke StenbergSwedish Institute for Social Research (SOFI)
Igor van LaereDr Valckenier outreach practice for homeless people GGD Municipal Public Health Service Amsterdam
An eviction is the ultimate consequence of a conflict between a landlord and a tenant.
The relationship is regulated by a lease.
If the tenant violates the lease the landlord can terminate the tenancy for cause.
An eviction is the removal of a tenant from the premises of a landlord.
In most cases the grounds are nonpayment of rent (70-90 %), anti-social behavior accounts for 5 %.
A substantial share of these households ends up in homelessness
The eviction process
1. A notice to quit from the landlord to the tenant
2. The landlord takes the case to court
3. Summary Proceeding, Unlawful Detainer, Accelerated Possession Procedure
4. If eviction is granted, it is handed over to an executive authority/a law enforcement officer (bailiff, sheriff, marshall etc.).
5. Eviction executed
(Other aspects like interventions from social authorities.)
This formalized process is not the only way a tenant can become homeless.
Long before the bailiff stands on the doorstep in order to execute an eviction, tenants may simply give up and move.
If statistics about formal evictions is rudiment in most countries, we know next to nothing about these “informal” evictions.
The eviction process
Evictions in the literature
Computerized bibliography searches of appropriate electronic databases
Biased towards studies written in English and published literature indexed by the electronic database systems
Table 1. Data sources
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Source Coverage
Cinahl 1981-
Criminal Justice Abstracts 1968-
EconLit 1969
ERIC 1966-
IBSI 1951-
Political Science Complete -
PsycINFO 1840-
Social Services Abstracts 1980-
Sociological Abstracts 1952-
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Table 2. Search terms
Topic Policy area Legal area
Eviction* Housing* Tenant*
Apartment* Landlord*
Dwelling* Lease*
Notice to quit
Possession*
Proceeding*
Bailiff*
Marshall*
Sheriff*
Self help
Distraint*
Foreclosure*
Arear
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Flow chart of the search/inclusion process
Electronic database searches
n=10
Potentially relevant studies
n=274
Eviction subordinate
n=76
News articles
n=13
Eviction in focus
n=40
Electronic database searches
n=10
Magnitude of evictions
Statistics published in local languages.
Statistics are mostly collected for administrative reasons.
Numbers only given for some of the stages in the process
Possible explanations for international variation
1. Composition of housing market
2. Number of households with leases (homelessness)
3. Legal system
- The regulated time period between the rent arrear and when the landlord can file the case in court
- Duration of the process: Civil law countries have longer duration compared to common law countries
Possible explanations for international variation
4. Social policy
- Social security
- Housing benefits
- Social housing
- Care for mentally deranged
- Quality signaling and referral systems to support problem households
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Table 3. Number of proceedings to court,
court orders and executed evictions.
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Housing stock
Proceedings Orders Executed
Pop. 15 years and older Total Rental
Scandinavian
Denmark 20,622 3,762 4,378 2600 900
Finland 7,328 1,448 4,301 2600 900
Sweden 35,174 3,004 7,378 4400 2000
German
Austria 43,192 30,171 13,411 6,851 3300 1400
French
Netherlands 22,605 8,550 13,250 6800 3100
Portugal 17,186 3,651 5300 1100
Spain 3,637 14,428 21000 2300
Socialist
Poland 6,563 5,040 2,527 13,337 12700 2900
English
UK 161,422 117,357 24,200 25600 7800
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Table 4. Number of proceedings to court, court orders
and executed evictions by population size and housing
stock
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Legal origin/Country
Duration from filing of complaint to eviction
Proceedings to court Orders Executed
Pop. 15 year and older
Total housing stock
Rental Pop. 15 year and older
Total housing stock
Rental Pop. 15 year and older
Total housing stock
Rental
Scandinavian
Denmark 225 - - 4.71 7.83 17.02 0.13 1.43 3.10
Finland 120 1.70 2.85 8.37 - - - 0.34 0.56 1.66
Sweden 187 4.77 8.08 18.80 - - - 0.41 0.69 1.61
German
Austria 547 6.31 13.17 32.92 4.40 9.20 23.0 1.96 4.09 10.22
French
Netherlands 52 - - - 1.71 3.32 7.29 0.65 1.26 2.73
Portugal 330 - - - 1.95 3.23 15.39 - - -
Spain 183 0.10 0.17 1.58 - - - - - -
Socialist
Poland 1080 0.21 0.52 2.07 0.16 0.40 1.59 0.08 0.21 0.80
English
UK 115 3.31 6.31 20.33 2.40 4.58 14.78 - - -
The Netherlands
Rent arrears
1. Immediately a letter reminding the tenant
2. After 6-8 weeks households are informed of the possibility of seeking assistance from a debt control agency. It is the tenant’s responsibility to contact the agency!
The Netherlands
3. The bailiff is contacted by the landlord after 10 to 12 weeks.
4. If households do not cooperate, and the financial
situation is not solved within the next 2 to 4 weeks, the
household will be presented to the judge for a court
order for eviction
Totally ~ 6 months from rent arrear to eviction
The Netherlands
Social rent sector 2.4 million dwellings
2007: 237,000 households had rent arrears and 22,605 received an eviction court order (0.9%).
Evictions:
1995: 6,020 (0.25 %)
2005: 8,134 (0.34 %)
2007: 8,550 (0.36 %)
The Netherlands
Reasons for evictions (n=8,550)
rent arrears 78 %
illegal subletting 10 %
nuisance / anti-social behavior 5 %
illegal cannabis production 4 %
non specified reasons 2%
Sweden
Rent arrears
1. Notice to quit 7 days after the rent is due, at the same time the landlord must inform the local social authorities.
2. If the rent is paid within 3 weeks after the notice to quit the tenant regains the lease.
3.Two business days after the three week period the bailiff can make a decision of eviction.
Totally 1-2 months from rent arrear to eviction
Sweden
Applications to bailiffs Executed evictions
2000: 13,955 5,055 (36%)
2008: 9,458 4,713 (50%)
Households with children
2008: 2,365 718 (30%)
Sweden
January-June
Evictions Households with children
2008: 1,530 381 (25%)
2009: 1,525 343 (22%)
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Figure 2. Evictions in Sweden 1970-2008
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Year
Num
ber Proceedings to courts
Applications to bailiffs
Executed evictions
Evictions in Sweden
Conclusions
• Evictions are a hidden social problem• Evictions are neglected by scholars
– 10 data bases: 275 articles: 40 evictions in focus
• No international comparisons possible• Internal eviction geography is needed• Call for comparable monitor systems• Call for integral scientific approach