November 15, 2022 by Ashley Norris
Lone Star Legal Aid’s Lauren Masullo Keeps Unemployed Single Mother Housed During Family Emergency
Along with the joys of parenthood comes, historically, the balancing act between work and home life responsibilities, whether it’s a household of two parents or one. When the scales are balanced, you should hope all goes smoothly. But when resources are limited, a family emergency can tip the scales.
The choice between essentials like food, utilities, healthcare, safety, and shelter should never have to be made, but is often the reality for those living in poverty. For a working mother in Houston who grew up in the foster care system, the tipping point arrived when her children contracted COVID-19, one after the other. As her children’s sole caregiver, Kendra was unable to work during this time. Loss of pay and, subsequently, loss of employment, caused a domino effect. Kendra was unable to make rent that month due to circumstances out of her control.
To keep her family housed during this difficult time, Kendra aptly applied for rental assistance through the Houston Harris Help (HHH) program, under the impression that her landlord would accept this type of grant. Despite intermittent telephone and internet access, she successfully submitted her application. All the while, Kendra actively sought employment so the next month’s rent would be covered.
Landlords in the United States have the right to evict tenants for nonpayment of rent. The way a landlord attempts to evict a tenant matters; not all methods will hold up in court. Kendra’s landlord served her with a 3-day Notice to Vacate (NTV), meaning she and her children would have just three days to leave their home. Kendra’s landlord claimed they had withdrawn from the program and no longer accepted such assistance. She had now been sued for eviction.
Under Texas law, only a 3-day NTV is required for a typical renter, though landlords may extend to 30 days if they choose. For tenants in public housing or who are receiving housing assistance, a 30-day NTV is required.
Staff attorney Lauren Masullo of our Foreclosure Prevention Project agreed to take on Kendra’s case, with the goal of avoiding eviction and, if possible, sealing eviction records. To gather proof for trial, Lauren reviewed the HHH rental assistance database. The landlord was still listed as participating in the program, contradicting the landlord’s claim.
With a court date set, Kendra agreed to make every effort to appear in person. But when the time for court came, Kendra was not able to attend because of the many challenges she faced due to her indigence. Remote hearings can be requested in advance with good cause, but Kendra wasn’t eligible to make such a request. Without Lone Star Legal Aid representing her that day, Kendra would have automatically lost the eviction suit. This is true for any hearing: the plaintiff and defendant must appear in court. Failure to appear in court is, in simple terms, giving up on the case.
At trial, Kendra’s landlord provided the judge with evidence of the NTV delivery and sought possession, which is the official statement that the landlord wants their rental unit back. In advocating for Kendra, Lauren provided evidence that the landlord was still participating in the HHH program, in addition to proof of Kendra’s active application. Lauren argued the case must be abated and sealed under the Supreme Court of Texas’ Emergency Orders.
According to TexasLawHelp.org, if “the court abates the eviction case and eventually dismisses it […], the judge will also seal the court record so that future landlords won’t see it and hold the eviction case against the tenant.” An eviction can be listed as a public record on a tenant’s credit report for up to 7 years and can increase hurdles when looking for new housing. Abatement, dismissal, and sealing these records are crucial steps toward achieving housing stability.
The landlord’s representative insisted the landlord had withdrawn from the program but had no proof to submit as evidence. Lauren, however, brought proof that the landlord was still enrolled in the HHH program, refuting the landlord’s claim. As a result, the judge abated the eviction and sealed the record. This was Lauren’s first win for Kendra. Although Kendra and her children could no longer be removed from their home, they faced yet another obstacle: reaching an agreement with the landlord.
To feel safe, Kendra needed to know that her landlord would accept the rental assistance if HHH granted it. Lauren spoke with the property owner and manager several times. At first, they were firm in their response that they would not accept rental assistance moving forward. If Kendra couldn’t pay rent that month or the next, she could face another eviction suit.
After much back and forth on Kendra’s behalf, Lauren reached an agreement with Kendra’s landlord. They would accept the rental assistance one last time before withdrawing from the HHH program. HHH approved Kendra’s rental assistance application, granting over $4,800 to keep her housed. For Kendra, justice was restored.
Of the case, Lauren Masullo shares, “I am grateful that I was able to represent Kendra so that she and her children could remain housed.”
*Names have been changed to protect the identity of the client.
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income and underserved populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. LSLA focuses its resources on maintaining, enhancing, and protecting income and economic stability; preserving housing; improving outcomes for children; establishing and sustaining family safety, stability, health, and wellbeing; and assisting populations with special vulnerabilities, like those with disabilities, the aging, survivors of crime and disasters, the unemployed and underemployed, the unhoused, those with limited English language skills, and the LGBTQIA+ community. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
Media contact: media@lonestarlegal.org
