A new state law goes into effect Jan. 1, giving tenants more latitude to respond to an eviction summons. The time people have to respond to the court will double, from five to 10 business days.
It may read like a minor change, but advocates and attorneys say it could make a major difference for families on the brink of eviction.
Margo Velez was one of those families several years ago. Receiving an eviction summons, she said, caused a scramble.
“I knew we had to respond quickly," Velez said. "It was very quick. Once you got the notice, you had to act, and you had very little time to act."
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By giving people more time to act, attorney Catherine Rodman says they have a better chance of retaining a lawyer and preparing their defense. It also reduces the risk of default, where the judge can order them out of their homes if they do not respond to the summons in a timely manner.
“You don't want to despair if you're in a situation where you're unable to pay the rent," said Rodman, director and supervising attorney at Affordable Housing Advocates. "We don't want people unhoused, and we don't want them put out of housing unfairly.”
That is what happened to Velez and her daughters.
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“It was horrible," Velaz said. "Figuring out how to respond is just nerve-wracking because you're thinking back. Did I pay? Did I miss? What did I do?"
The new law gives families more breathing room to answer some of those questions, while expediting other parts of the process, like scheduling certain hearings within 5-7 days, which could be a boon for landlords.
Velez said any effort to address the housing crisis has the potential to ensure families keep a roof over their heads.
“I'm pretty proud of them for noticing and recognizing there is an issue and doing something about it. It’s baby steps. It’s a small victory,” Velez said.
