What metrics are generally gathered and assessed in an evaluation?
When evaluating eviction RTC, you must be sure to include key data points. For example, if the tenant’s goal is not known, it is much harder to determine whether the outcome of a represented tenant’s eviction case is a just one. As mentioned in Section 3.5, some eviction RTC laws spell out the metrics to be analyzed, while others leave that to the implementing entity. Where they are mentioned, metrics often include:
Number of cases filed;
Types of cases filed (i.e. non-payment, holdover petitions, etc);
Estimated number of individuals who experienced a type of case covered by the RTC law;
Takeup rate for RTC (i.e. how many tenants turned down representation after it was offered and, reason offered);
Statistics on when tenants connected with the RTC program (prior to hearing, at hearing, etc.)
Number of tenants that received legal representation;
Number of eligible tenants seeking assistance that could not be served;
Tenant demographics (example: Denver collected information about the income levels of tenants served and the number of tenants who were denied service due to income);
Identifying areas with high eviction rates but low RTC utilization;
Number of cases settled vs. going to trial;
Outcomes of the proceedings immediately following legal services:
Number of tenants receiving rental assistance due to assistance from legal services;
Number of tenants who remained in unit;
Number of tenants granted extra time to move;
Number of tenants where rent arrears reduced, and by what amount;
Number of cases where tenant vacated by eviction kept off the tenant’s record;
Number of eviction judgments issued;
Number of evictions executed and/or number of warrants of removal served.
Attorney hours spent on providing legal representation;
Program expenditures (description of legal representation performed and cost per case);
Projected budget needs;
Details on tenant engagement / education efforts.
The enacted eviction RTC matrix contains more information about the metrics required for each RTC jurisdiction and the data collected so far. NOTE: The laws in Minnesota, Seattle, and San Francisco do not require an annual report (though Seattle does require reporting to the lead agency).
In addition to the traditional information collected about cases, it might be helpful to also collect information about:
How clients learned of the program and their level of awareness about the program.
Type of housing (private, subsidized, owner-occupied) involved in a covered proceeding;
Property conditions;
Client goals and client satisfaction with an outcome;
Long-term effects of representation (i.e. whether tenants who vacated found new housing or became homeless, whether tenants who stayed in home are still in home, etc.)
Whether other eviction intervention services were utilized;
The circumstances people are dealing with while facing eviction, including housing cost burden;
Reasons for non-payment;
Duration of cases including how many and how often cases are being closed;
Whether the tenant is aware of any followup proceedings, like debt collection proceedings; and
Collaborative practices and systems among providers.
However, the need for information must always be balanced against the risk of overburdening the legal services program, which in turn can diminish the effectiveness of the legal services they provide to tenants (especially when they meet a tenant for the first time at the day of the hearing and have to rush to prepare).
We gathered some thoughts from eviction RTC providers and coordinators about reporting and evaluation:
Washington State has numerous providers throughout the state. Every provider uses the same software program (LegalServer) to report required data, including the number of cases, average case length, and distribution of cases by provider. Using a unified data collection system allows for real-time reporting. Some of the information is shared publicly on a dashboard (note: the dashboard is a downloadable excel spreadsheet) created and hosted by the Office of Civil Legal Aid (OCLA). In addition to regular reporting by the providers, there is a requirement to provide a narrative report to OCLA every six months.
Maryland providers must report to the Maryland Legal Services Corporation (”MLSC”) a range of information that includes case-specific data, narratives, and financials. Tracked metrics include the number of open cases, outcomes, and client demographics, and will be looking at the level of service provided as well as gaps in coverage. Maryland is using a third-party evaluator to help assess how to improve the program.
In Philadelphia, there are two types of reporting requirements. Performance metrics are reported quarterly and include the number of clients served, as well as information about deliverables. The lead agency must then submit an annual report about case outcomes and include such metrics as: the amount of a monetary judgment; change in the amount of the monetary judgment awarded compared to what was requested by the LL in the filing; how many additional days a tenant was permitted to remain in their home, and whether the case ended by judgment or agreement. Annual reports are published on a publicly accessible website. The Reinvestment Fund conducted an independent evaluation of eviction RTC.
Closing considerations for evaluation
How will you measure success?
It is important to realize that eviction cases are not strictly a “win” or “lose” situation. Nothing makes that clearer than the fact that some tenants facing eviction do not want to remain in their unit, so keeping them there is not the attorney’s goal. Having a broad sense of what success looks like can help recognize some of the benefits that might ordinarily go unnoticed. Some programs, like Cleveland, compare whether the tenant’s goals align with the case outcome, while others look at whether the tenant is satisfied with the services. In Washington, the representation of every eligible tenant has been a marker of success.
Evaluation can be difficult.
Figuring out the specific impact of eviction RTC, particularly in jurisdictions where there are also other robust eviction prevention and intervention systems in place, can be difficult. In Philadelphia, the filing rate decreased, but because eviction RTC launched at a similar time as the pre-filing diversion program and an influx of federal rental assistance, it was difficult to assess which part of the program had a more significant impact. COVID-19 made it hard to effectively evaluate the impact of eviction RTC: for example, San Francisco saw more plaintiff-initiated dismissals after the enactment of eviction RTC in 2019, but the substantial decrease in filings in 2020 was due not to eviction RTC but rather to COVID-19 protections like the eviction moratoria. In 2023, filing rates steadily rose beyond pre-COVID-19 numbers.