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HomeMy WebLinkAbout2026-060 Denton Eviction Advocacy CenterSeptember 25, 2026 Report No. 2026-060 INFORMAL STATUS REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Pilot Program for a Denton Eviction Advocacy Center EXECUTIVE SUMMARY: On August 18, 2026, Councilmember George Ferrie proposed a two-minute pitch regarding a pilot program for the ‘Denton Eviction Advocacy Center’. This pitch followed conversations with the Denton County Housing and Homelessness Leadership Team (DCHHLT) support for the Dallas Eviction Advocacy Center (DEAC) to expand its service area to Southern Denton County. The City of Denton is served by three Justice of the Peace Precincts, and costs to financially support DEAC in serving all three precincts would likely cost roughly $385,000-$462,000 annually, according to DEAC. BACKGROUND: The Dallas Eviction Advocacy Center (DEAC) is a nonprofit established in 2020 for the purpose of providing pro bono legal assistance to renters in eviction court. DEAC is funded by a combination of foundations, nonprofits, and government awards. DEAC received contracts to provide free legal representation and legal advice to indigent tenants facing eviction from Dallas County and Harris County each with an amount not to exceed $1,000,000 for FY26-27. Attorneys working on behalf of DEAC attend eviction court and offer same-day representation to any tenant with an eviction trial and an indigent status that day. Most commonly, the attorneys work to negotiate a settlement, allowing the tenant more time to catch up on their balance, or more time to vacate without needing an eviction on record. This program model is typically referred to as a ‘Right to Counsel’ program. In April of 2026, the Dallas Eviction Advocacy Center presented to DCHHLT with projected outcomes and cost estimates for four options, to launch a pilot expansion in Lewisville (Justice Court Precinct 3), City of Denton / DISD (Justice Court Precincts 1, 4 & 5), Southeast Denton County (Precincts 3 & 6) and/or the Dallas/Carrollton area (Justice Court Precinct 6). The Housing and Homelessness Leadership team approved a letter of support for the DEAC’s prospective expansion into Denton County on July 29 (Exhibit 1). DEAC communicated the program would: •Provide competent legal representation to eligible households, settling where we can and litigating where we must to prevent illegal evictions; •Decrease eviction recidivism by addressing underlying causes (income instability, housing affordability, payment problems) through targeted case management and local service connections; •Engage property owners to promote sustainable housing outcomes, including entering into payment or moveout arrangements that get landlords payment and/or possession as quickly as possible; September 25, 2026 Report No. 2026-060 •Reduce county expenditures on shelter beds, emergency healthcare, law enforcement response, and school intervention services; and •Generate measurable economic returns through reduced emergency services utilization, improved employment stability, and lower repeated service involvement. DISCUSSION: The eviction process An eviction begins when a property owner is trying to end the legal right for a person to occupy property that belongs to the property owner. Evictions must be filed for cause, such as a breach of lease or squatting. A typical eviction has a maximum of three phases: notice to vacate, trial date, and writ of possession, and generally is completed in about a month. Residents can learn more about evictions in Denton County on Denton County’s webpage. Notice to Vacate: The notice to vacate is a written demand for the defendant to leave the property within a set period of time. The minimum notice period is three days, unless the property owner and tenant have contracted for a shorter or longer notice period in a written lease or agreement. The notice must be mailed to the tenant personally, delivered inside the premises, hand delivered to the tenant, or delivered by e-mail if the lease allows for electronic notice. A notice to vacate can only be delivered if the tenancy has been terminated, such as by the tenant’s default by not paying the rent, or if the property owner has previously delivered a Notice of Termination of Lease, which gives the tenant at least one payment period (usually a month) to vacate. A property owner may only successfully file for eviction if the tenant remains after the three-day notice to vacate period. Trial Date: After the property owner files for eviction, the tenant will be served with a citation by the court, and a trial date will be set for between 10 and 21 days from the day the property owner filed the case. Both the property owner and tenant have the right to request a postponement of no more than seven days as well as the right to request a trial by jury, unless the lease agreement expressly waives the right to a jury trial. If the tenant does not appear at the trial and fails to file an answer before the trial, the property owner’s sworn petition will be taken as admitted and the property owner may be awarded a default judgment. Both the property owner and tenant have the right to file an appeal to county court or county court at law within five days of the judgment. However, the appealing party is required to file a bond, make a cash deposit, or file a sworn statement of inability to pay. Writ of Possession: After a judgment for the property owner has been rendered, the property owner is entitled to receive a writ of possession, which is an order issued by the court for the defendant to be removed from the property. Once issued, the constable or sheriff will post notice on the door that if the property isn’t vacated on or after a specific time and date (typically 24 hours), the constable or sheriff will come out and supervise the removal of the tenant’s property September 25, 2026 Report No. 2026-060 from the premises by either the tenant or the property owner. The writ authorizes the constable or sheriff to forcibly remove the tenant if they refuse to leave. Figure 1 – Typical Eviction Process Evictions in the City of Denton Across 2025, 3,506 evictions were filed in Precincts 1, 4, and 5, of which 1,736 evictions were filed in the City of Denton. The City of Denton had a 2025 average of 63 filings per 1,000 renters per year. For comparison, Denton County had an average of 94 filings per 1,000 renters per year in the same timeframe. Violation or Termination of Lease Notice to Vacate (3 day notice) Eviction Filing and Citation 10 -21 days until trial Eviction Trial Appeal Period (5 days) Writ of Possession (24 hour notice) September 25, 2026 Report No. 2026-060 Figure 2 – Map of JP Precincts and Filings DEAC reports that of evictions filed, roughly 97% reach trial. Of those reaching trial, roughly 60% of tenants appear at their trial. DEAC reports that in precincts they are present, DEAC serves 95% of tenants who appear at their trial. In 66% of DEAC’s cases, a resolution between parties is reached or an erroneous filing is identified leading to a non-eviction. By that same model, a fully funded pilot in Precincts 1, 4 & 5 could be projected to find an alternate outcome for 1,279 filed evictions per year, 650 of which would be in the City of Denton. DEAC reports a recidivism rate of 16%, meaning that of their clients, 84% do not experience a second eviction within 12 months. Cost estimate DEAC has provided an estimated cost of $385,000-$462,000 annually to serve Precincts 1, 4, & 5.Staff would have to work with any proposed contractor to ensure that City-funded services would be restricted to City of Denton residents, which may change the annual costs. The current cost estimate is potentially in excess of the City’s total annual general fund allocation for human services for residents, proposed to be $415,000 supporting 13 organizations. Funding for eviction prevention at a lower level would be an eligible use under the City’s Human Services Grants. Funding beyond the human services grant would require Council consideration September 25, 2026 Report No. 2026-060 through the annual budget process. Staff will provide information on the application process and timeline to DEAC and any other organizations that reach out to provide eviction prevention services. Applications for FY27-28 open on Oct. 5, and more information can be found on the City’s website. EXHIBITS: 1.DCHHLT Letter of Support STAFF CONTACT: Jesse Kent, Director of Community Services REQUESTOR: Council Member George Ferrie STAFF TIME TO COMPLETE REPORT: Two hours PARTICIPATING DEPARTMENTS: Community Services July 29, 2026 To Whom It May Concern: The Denton County Housing & Homelessness Leadership Team strongly supports the Dallas Eviction Advocacy Center's prospective expansion into Denton County. This partnership addresses a critical gap in housing stability services and represents a fiscally responsible investment in our community. Eviction imposes substantial costs on families, employers, and taxpayers. Displacement disrupts employment, K-12 education, family stability, and triggers increased demand for emergency services, law enforcement, and social safety net programs. In 2025 alone, over 10,000 families faced an eviction filing. Without intervention and legal representation, these families cycle through repeated evictions, generating recurring costs to county services and lost productivity to local employers. DEAC has demonstrated proven expertise in tenant defense and legal strategy. This proposed program in Denton County combines legal representation, landlord engagement, and traditional case management to break the eviction cycle and give families the stability necessary to thrive. Unlike generic assistance programs, this targeted intervention focuses on households at imminent risk of displacement, maximizing impact per dollar invested. This approach will: ● Provide competent legal representation to eligible households, settling where we can and litigating where we must to prevent illegal evictions; ● Decrease eviction recidivism by addressing underlying causes (income instability, housing affordability, payment problems) through targeted case management and local service connections; ● Engage property owners to promote sustainable housing outcomes, including entering into payment or moveout arrangements that get landlords payment and/or possession as quickly as possible; ● Reduce county expenditures on shelter beds, emergency healthcare, law enforcement response, and school intervention services; and ● Generate measurable economic returns through reduced emergency services utilization, improved employment stability, and lower repeated service involvement. Evidence from Dallas County demonstrates that eviction defense services deliver strong fiscal returns. By preventing displacement and breaking eviction cycles, these programs reduce emergency service costs, improve school attendance, enhance job retention, and decrease reliance on public programs. Supporting DEAC's expansion is smart fiscal policy. It advances housing stability, reduces preventable public expenditures, and strengthens Denton County's economic foundation. We urge your consideration of this partnership through funding, resources, or advocacy with county leadership. Sincerely, Terry Widmer, Chair Denton County Housing & Homelessness Leadership Team