City Council weighs changes to controversial eviction system after an officer shot a tenant

In a first-of-its-kind hearing, Philadelphia City Council members on Wednesday heard a series of proposals to fix the city’s controversial landlord-tenant office, which carries out court-ordered evictions in the city.

Councilmembers Jamie Gauthier and Kendra Brooks called for hearings in April after a deputy landlord-tenant officer shot a woman in the head during an attempted eviction lockout in North Philadelphia. Police said a struggle ensued between 35-year-old tenant Angel Davis and the privately contracted officer, who has still not been identified. The deputy discharged a weapon and struck Davis, who was hospitalized in critical condition.

The shooting sparked a protest and shined a light on a shadowy corner of the city’s legal system — one that housing advocates said is long overdue for sweeping reforms. Calls ranged from increased notice before lockouts occur to ramping up social service outreach to higher training standards and transparency.

Instead of relying on sworn law enforcement personnel, Philadelphia’s courts allow a private for-profit attorney known as the landlord-tenant officer to carry out eviction orders in exchange for the right to collect millions in fees from landlords. The landlord-tenant officer in turn deputizes independent contractors hired to serve final notices and enforce lockouts.

Gauthier, a Democrat who represents West Philadelphia, described it as a profit-driven arrangement that lacked the oversight standards of other government agencies.

“There is no public bidding process, no standard for how to execute evictions, no mandatory training or law enforcement certification for deputies, and no accountability and oversight,” Gauthier said.

Philadelphia’s landlord-tenant officer Marisa Shuter — an attorney who worked for the court’s prior landlord-tenant officer and was appointed as a successor in 2017 through a noncompetitive and nonpublic process — did not respond to invitations to speak at the hearings, Brooks said.

Philadelphia has made significant reforms to its eviction system in recent years. The city received national acclaim for its Eviction Diversion Program that requires landlords and tenants to go through mediation before filing for an eviction order, and low-income tenants in certain parts of the city can also receive free legal representation.

But the office that carries out most evictions in Philadelphia received relatively little attention prior to the March shooting.

» READ MORE: Explaining deputy landlord-tenant officers, who carry out evictions in Philly

Lawmakers gathered reform ideas from housing attorneys and people who have been evicted. Brooks’ office said the Landlord-Tenant Office was created under state law but the city is exploring whether it has power to enact certain reforms — like requiring a detailed contract between the court system and the office. There currently isn’t one in place.

One of the most pressing issues was the amount of notice that tenants are given prior to an eviction lockout — and the amount of time they have to pack up their belongings under watch of armed deputies.

Mike Person, who described himself as a senior citizen, testified he did not receive any advance warning before an armed deputy arrived to change the locks at his apartment in February. The officer — whom he said identified himself as a “sheriff” but did not show any identification — gave Person 10 minutes to pack and leave, while his hand hovered over his holstered firearm “like a cowboy.”

He described the experience as humiliating and traumatizing. He also lost his beloved cat in the process.

“I wouldn’t wish this on my worst enemy to go through this process with no one to turn to for help,” Person said. “You really feel alienated.”

Sherry Thomas, director of the LCD Housing Initiative at the Legal Clinic for the Disabled, added that tenants who are not home when an officer arrives are often locked out without access to their belongings, including necessary medication. She and other attorneys argued the landlord-tenant officer should be required to provide ample notice before they arrive and ensure the tenant will be present.

“It’s only 10 minutes if you’re home — if you’re out at work, or out getting dialysis, you come home and you are locked out, you have zero minutes to get anything.” said Jacob Speidel, director of tenant rights for SeniorLAW Center.

» READ MORE: Landlord-tenant officer shoots woman in head during eviction, police say

Sheriffs in Philadelphia can perform court-ordered lockouts in Philadelphia, but the Landlord-Tenant Office imposes cheaper fees on landlords and thus gets the bulk of the business.

Unlike the sworn law enforcement personnel that most other municipalities rely on, the landlord-tenant officer and their deputies are not subject to public disclosure requirements. Shuter previously told The Inquirer deputies are trained to ensure a “peaceful, smooth, safe, and nonconfrontational process,” but the exact training specifications are not public.

Kyle Webster, general counsel for the Pittsburgh-based nonprofit developer Action Housing, told Council that Allegheny County’s eviction system is far from perfect, but the constables deployed by the courts there receive extensive de-escalation training and are expected to engage tenants in a compassionate manner.

Webster suggested integrating social services and mental health specialists into the system would help both tenants and landlords during emotionally distressing lockouts.

“Evictions are easily the least favorite part of my job, even if I see them as necessary,” Webster said. “I’m hopeful that landlord attorneys continue to be brought to the table to create comprehensive and humane answers created by the complex reality of evictions.”

Representatives from the First Judicial District, which oversees the noncontractual arrangement with the Landlord-Tenant Office, were also invited to the hearings but did not attend. Court spokesperson Marty O’Rourke said the court is in discussions about next steps with the officer.

Brooks’ office said it would look into specific policy proposals based on Wednesday’s testimony — with a hope to codify some of those ideas in a contract.