A new study says Eviction Free MKE is underutilized but benefits people. Here are some of the highlights

Talis Shelbourne
Milwaukee Journal Sentinel
A screenshot of the automated EvictionFreeMKE.org tool.

The Eviction Free MKE program, an online tool that connects tenants facing eviction to legal services, works, according to a new study conducted by the financial analyst company Stout. Although use of the program has been moderate, the company found it has been a highly effective way to reduce evictions, improve housing stability and indirectly save the county money.

The city of Milwaukee, Milwaukee County, United Way of Greater Milwaukee & Waukesha County helped craft the tool as part of United Way's Safe and Stable Homes initiative in 2021, subcontracting with the Legal Aid Society of Milwaukee and Legal Action of Wisconsin to provide tenants with legal representation.

RELATED:EvictionFreeMKE.org offers free legal help to those on verge of losing their rented homes

During its analysis, Stout solicited feedback from the Apartment Association of Southeast Wisconsin, Community Advocates, Mediate Milwaukee, Milwaukee County Behavioral Health Division, Urban Economic Development Association, Milwaukee Public Schools and other organizations.

Stout made several recommendations for future analysis of the program, including gathering more information about tenants' eviction histories, amounts of rent sought, hours spent on cases by staff and how often settlement agreements failed in the months after they were executed.

Here are four key findings from the report.

Milwaukee County Sheriff's Deputies, from left,  Kevin Callahan, David Peterson, and Marlone Jones, stand in an apartment as movers pack up tenants belongings during an eviction on West Highland Boulevard in Milwaukee on  June 23, 2021.

Legal representation increased slightly during the program

Prior to the program, Stout estimated 2-3% of the Milwaukee defendants in eviction court had legal representation. During a five-month stint of the program, from July 1, 2022, to Nov. 30, 2022, legal representation for eviction court defendants increased to 13.7-16.2%.

Stout estimated around a quarter of Milwaukee County tenants eligible for the program participated in it during the 2022 year.

However, those figures varied, depending on the location.

RELATED:Milwaukee County has established a Right to Counsel program. Here's why advocates say it could reduce evictions

Nearly four in 10 program-eligible residents from the 53206 ZIP code, for example, were represented by lawyers through the program. And roughly three in 10 eligible tenants from the ZIP codes of 53213, 53212 and 53208 were represented by attorneys from the program.

Most eviction cases were dismissed during the program's operation

During the period of the program's implementation, Stout analyzed eviction court records from the last two years and found:

  • There were few differences in dismissal outcomes if neither or both parties were represented in eviction court.
  • Legal representation had a much more significant impact on default judgments, or judgments awarded when one party doesn't show up.
  • The number of default judgments plunged from a monthly average of 40% when the program started in September 2021 to roughly 10% in August 2022.

Although more cases were dismissed, research has shown eviction filings can still severely damage a renter's record, with many rental property owners refusing to rent to those with evictions on their record. Until the record is cleared, sealed or sufficient time has passed, those with evictions on their record can struggle to rent a clean, safe and affordable space in the future.

Program participants who set a goal with lawyers were generally successful in achieving it through the program.

Not all participants in the program had the same outcomes; participants with children in their homes had a slightly higher rate of meeting their goals, with the exception of securing rental assistance and additional time to move.

Milwaukee County Sheriff's Deputies Kevin Callahan, left, and Brian Green look over a table full of items during an eviction on South 32nd Street in Milwaukee on June 23, 2021.

Black women were overrepresented as tenants facing eviction

Roughly 63% of eviction filings were in majority-Black census tracts, according to Stout's study.

The number reflects local research conducted by Track Milwaukee Evictions, a project led by the Medical College of Wisconsin, Legal Action, the Milwaukee City Attorney’s Office, and the Milwaukee Department of Neighborhood Services. Records from the most recent year, 2020, showed eviction filings consistently concentrated in majority Black and Latino areas across the county.

Similarly, Stout found that three-quarters of the program's clients were women and 76% were Black, even though Milwaukee County's population is only 51% female and 28% Black.

The disparities follow a national trend among eviction defendants.

According to a national study from the Eviction Lab, a research institute started by "Evicted" author Matthew Desmond, Black women were 36% more likely to be evicted than Black men.

RELATED:Eviction Defense Project receives national recognition for helping residents facing eviction

Why? Stout's analysis found nearly one-third of those who participated in the Eviction Free MKE program from September 2021 to December 2022 were classified as having multiple complex cases.

Nearly one in five (18%) participants of the program had a child with an intellectual or developmental disability, for example.

Moreover, the study reported roughly 62% of program participants identified defective conditions in their homes, such as plumbing and heating problems, mold, roof damage, pest infestations, leaks, flooding, electrical issues, failing appliances and lead contamination.

Other factors increasing the complexity of a case included having an oral lease or being a part of the Housing Choice Voucher (previously known as Section 8) program.

The program indirectly saved the county millions

Stout estimated the program cost around $3 million and saved Milwaukee County roughly $9 million, equating to a $3 return on investment. Here's how they broke the savings down:

  • "Out-of-home foster care costs": $2.3 million
  • "Economic value preserved by reducing migration out of Milwaukee County": $2.3 million
  • "Cost savings related to housing social safety net responses": $2.3-2.6 million
  • "Retained federal and state funding for Milwaukee Public Schools": $1.3 million
  • "Cost savings related to Medicaid spending on health care": $800,000

Stout noted it did not calculate rental arrears or losses due to landlords selling their properties. However, the positive estimated return on investment is likely to incentivize the county and its private partners to sustain funding and staffing of the program.

Talis Shelbourne is an investigative solutions reporter covering the issues of affordable housing and lead poisoning. Have a tip? You can reach Talis at (414) 403-6651 or tshelbourn@jrn.com. Follow her on Twitter at @talisseer and message her on Facebook at @talisseer.