Housing Eviction Expungement Training

Topics:
  • Expungements

This project is for volunteer attorneys who are interested in helping low income individuals find safe, secure and stable housing. Many Minnesotans, attorneys included, realize that the Twin Cities has an extremely tight housing market with relatively few safe and habitable options available for low income individuals - especially those with evictions on their records. However, what many do not realize is that an eviction is simply the record of a court action in a persons rental history. An eviction attaches to a persons record whether they win or lose the case - and whether the case was brought properly, or improperly and for punitive reasons. Unless that court record is expunged, an eviction will remain on the tenants record forever.

In this training, volunteers are trained to examine an eviction record, to identify defenses allowing for expungement of the record, to the develop a legal argument to present in court, and to draft and argue a Motion to be heard before a local Housing Court Referee. Volunteers are required to attend one in-person training prior to the workshop.

Then, at one of the monthly workshops, volunteers, under the supervision of a Legal Aid Housing Project attorney, will interview the client and draft a legal motion. Attorney volunteers are asked to appear at the expungement hearing (generally 5-8 minutes) and there is some flexibility in the hearing date. (Opportunities are also available for those ONLY INTERESTED in the in-court representation piece).

*Cases generally take 2-3 months from start to finish. Hearing dates are currently 8 weeks out from date of filling.

*Legal Aid can provide volunteer attorneys with cases that increase in complexity, and for opportunities to meet with clients outside the scheduled workshop dates.

*If necessary, Legal Aid can assist with E-Filing and Service of Motions.

*Staff attorneys are available to mentor throughout the case, including prior review of motions and mooting of court arguments.

* This project is only available through our Minneapolis Office.