Transcript Housing Court Representation Slide Show, by Drew

Full Representation in a
Housing Court Case
An Introduction to Best
Practices in Pro Bono
Cases in Hennepin County
Full Representation Case:
Point A to Point B
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Intake, case screening, and issue spotting
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Representation decision
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Drafting court documents
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Court appearance
Specific Steps in the Process
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Intake
– Initial client interview and document review
Basic case investigation and follow-up with client
– Review of public records and eviction case court file
Retainer agreement
Drafting Answer (or other pleading) and IFP Affidavit
Meeting client to verify the Answer/pleading and IFP Affidavit
Filing the IFP Affidavit for review and approval
Filing the approved IFP Affidavit and Order, Certificate of
Representation, and Answer/pleading
Initial appearance
Trial (if no resolution at initial appearance)
Initial Client Interview
and Document Review
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Basic information to get from client
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Address and nature of the premises (single-family home, duplex,
or multi-unit apartment building)
Identity of landlord (including all business and individual names)
Nature of tenancy – written or oral lease, term or periodic tenancy
Monthly rent amount and specific information on rent payment –
whether there is a third-party rent subsidy, type of rent subsidy,
whether rent is current, date of most recent rent payment, and
payment records or rent receipts
Utility billing information – what utilities are included in rent, what
utilities are separate from rent, to whom any utility payments are
made (utility company or landlord)
Narrative about current dispute, client’s perception of motivation
for dispute, and client’s perception of how landlord will frame
claims against the tenant
Whether client’s plan is to stay at the premises or to exit the
tenancy
Initial Client Interview
and Document Review
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Important documents
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Lease
Notices to and from landlord, including e-mails and text
messages
Payment records
Records related to any third-party rent subsidy
Utility billing records
Relevant inspection reports or police reports
Photographs, including mobile device images
Court file documents
Catch-all: Any piece of paper in tenant’s possession
relevant to occupancy of the premises
Public Records Investigation
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Hennepin County Property Information Database
Key information: Identity of owner/landlord/principal
http://www16.co.hennepin.mn.us/pins/addrsrch.jsp
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City of Minneapolis Property Information Database
Key information: Rental license and owner/structure information
www.ci.minneapolis.mn.us/propertyinfo
https://sites.google.com/site/mnhousinglaw/
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Minnesota Secretary of State Website
Key information: Existence and registration status of business
entities and assumed names
www.sos.state.mn.us
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Minnesota Court Information System
Key information: Filed documents, hearing date, and case status
http://pa.courts.state.mn.us/default.aspx
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Eviction Case Court File Review
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Summons and Complaint (plus attachments)
Power of Authority
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Scrutiny on signer/self-identified principal
Affidavit(s) of Service
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Types
 Affidavit of Personal Service
 Affidavit of Substitute/Abode service
 Affidavits for Mail-Post Service – Affidavit of Plaintiff/
Plaintiff’s Attorney, Affidavit of Mailing, Affidavit of
Attempted Service, and Affidavit of Service by Posting
Scrutiny on timing of filing
Potential Issues for
Follow-Up Client Interview
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Identity of process server
Timing and manner of service of process
Identity and address of Plaintiff and landlord
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Does the Complaint match up with the landlord information
disclosed in the lease?
Do the Complaint and the lease track with public property
information?
If information is not in the lease, has Plaintiff/landlord
disclosed identity and address through notices to the tenant
or by posting the information at the premises?
Landlord’s use of business entities and assumed
names
Identity of person who collects rent and manner of
rent payment/collection
Retainer Agreement
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Definition and limitation of scope of
representation
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Reference court file number, adverse party listed
in the court file, initial hearing date, etc.
Definition of client obligations
Definition of conclusion of representation
Clarification that an appeal of any adverse
decision requires a new retainer agreement
Drafting Pleadings
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Eviction Answer – Forms A-1 through A-8
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http://povertylaw.homestead.com/ResidentialUnlawfulDetainer.html
Use of check-the-box forms at Housing Court Project
 Issue spotting and interviewing tool
 Citations included
Use of forms as starting point for other full representation cases
 Simplification by deletion of irrelevant sections and issues
 Elaboration by addition of case-specific facts and legal citations to
existing language
Categories of defenses – Headings on Forms
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Service/personal jurisdiction
Precondition/procedure
Substantive
Meeting Client to Verify
IFP Affidavit and Answer
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Must have Answer or other pleading in final
form
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Confirm every fact
Optional verification by client
Must complete both pages of court’s form
IFP Affidavit
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http://www.mncourts.gov/forms/public/forms/Fee_
Waiver__In_Forma_Pauperis/IFP102.pdf
Mandatory client verification of facts about client’s
financial circumstances
Filing the IFP Affidavit
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Done in-person at Housing Court
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Current practice appears to be to go to Housing
Court with IFP and pleading documents for
clerical review and approval of IFP Order
Floor C-3, Hennepin County Government Center
Presiding Housing Court Referee may review
Eviction Answer and IFP Affidavit at this point
Filing an Answer
or Other Pleadings
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E-FILING IS MANDATORY FOR ATTORNEYS!
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Once IFP application is approved:
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E-filing can be done at kiosk at civil filing counter on public
service level at the Hennepin County Government Center.
E-file IFP Affidavit as confidential document.
E-file IFP Order as public document.
E-file Certificate of Representation.
E-file Answer/pleading with attachments/exhibits.
Landlords without counsel do not e-file/e-serve.
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Tenants’ attorneys are often on parallel systems.
Initial Appearance
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Pre-hearing client meeting
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Review of goals and settlement authority
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Roll call and service of Answer
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Settlement negotiations
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High settlement rate
Availability of free mediators
Hearing
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Court review of any settlement
Motions to dismiss on jurisdictional or precondition/procedural
bases
Trial scheduling issues
 Option to seek discovery order
 Posting of rent pending trial
Trials in Housing Court
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No discovery, unless ordered at initial appearance
Subpoenas – inspectors, police officers, etc.
AT LEAST 4 copies of each exhibit (Court,
Plaintiff/Petitioner, Defendant/Respondent, and witness)
Renewal of jurisdictional and procedural motions to
dismiss
– Motions be made orally at any time, including day of
trial
Rules of evidence
Opening statements optional
Cases in chief, then rebuttal
Closing arguments vs. post-trial submissions
Full Representation on
Post-Trial Issues
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Judge Review
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Motion to Vacate Judgment / Motion to Quash Writ
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Deadline: 10 days after oral pronouncement or 13 days
after mailing of written order
Focus on purely legal issues
Minn. R. Civ. P. 60.02
Discussion of potential security/posting issues with client
Motion for Expungement
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Statutory Standard
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Lack of sufficient basis in fact or law for the plaintiff’s case
Interests of justice
Public’s interest
Common Law Inherent Authority Standard
General Timeline for Full
Representation Housing Case
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If the case settles at the initial appearance, the
representation could last only a couple of hours.
If the case goes to trial and concludes with a trial
decision, the representation could last anywhere
from a couple of days up to 2-3 weeks.
If the case goes to trial and proceeds through a
district court judge review, the representation could
last from a few weeks to a few months.
Questions and Contact Information
Legal Aid Client Intake: (612) 334-5970
Drew P. Schaffer, Staff Attorney
Mid-Minnesota Legal Assistance
430 First Avenue North, Suite 300
Minneapolis, MN 55401
Telephone/Facsimile: (612) 746-3644
Electronic Mail: [email protected]