15 Dec 12th-Dec 18th, 2024 phoenixnewtimes.com PHOENIX NEW TIMES | NEWS | FEATURE | FOOD & DRINK | ARTS & CULTURE | MUSIC | CONCERTS | CANNABIS | which would expand free legal representa- tion in civil court to a wider net of tenants. Specifically, OPIN wants Phoenix to pass a recurring line item in the city budget to provide $2 million toward a program to hire and train attorneys and connect tenants with these services. In January, former Councilmember Yassamin Ansari spoke in favor of the program. She noted that cities with similar programs have saved millions of dollars annually and seen evictions drop by 77%, which she said would have equated to 64,000 fewer evictions than Phoenix saw in 2023. Over the past four years, 17 cities — including New York City, San Francisco and Philadelphia — plus five states and two counties have enacted a right-to-counsel law for tenants facing eviction, according to the National Coalition for a Civil Right to Counsel. OPIN needs five “Yes” votes to pass such a program. After the election of Councilmember-elect Anna Hernandez, who will take over the seat Ansari vacated to run for Congress, Del Portillo feels “pretty damn close” to getting them. Hernandez, who won in a landslide victory, campaigned on the need for a right-to-counsel law. While in the Arizona Senate, Hernandez also successfully sponsored a bill that aims to increase the housing stock by legalizing accessory dwelling units, or casitas, in certain municipalities. “This is going to be the immediate, tangible way to make sure that people are staying in their homes,” Hernandez said. “We gotta address the root causes.” Del Portillo and Hernandez believe Councilmembers Laura Pastor, Betty Guardado, Kesha Hodge Washington and interim Councilmember Carlos Galindo- Elvira, who will be leaving Hernandez’s city council seat in April, would support this program. Washington and Galindo-Elvira have spoken out in favor of right to counsel, while Pastor gave a statement to New Times that focused on education instead. Guardado did not respond to a request for comment. If all four support a right-to-counsel program, that leaves one more vote to secure from either Mayor Kate Gallego or Councilmembers Kevin Robinson, Debra Stark, Ann O’Brien and Jim Waring. “We really have an opportunity to defi- nitely push the conversation much further with Anna Hernandez and try to get it up to a vote,” Del Portillo said. But that won’t happen for months, if it happens at all. In the meantime, evictions continue to rise. In court, Juanita’s name was about to be called. ‘Can you pay?’ Roughly 45 minutes into the 9 a.m. proceedings, Driggs summoned Juanita. Representing her landlord, Clark explained how much Juanita owed. “Do you owe this rent?” Driggs asked her. “Yes,” Juanita responded. “Can you pay it?” Driggs asked. “The money isn’t on me,” she said, searching through her purse. “But I can today.” Driggs motioned Juanita to approach the bench and explained that she would hold off on making a judgment until 4:30 p.m. that day. Juanita would have until then to make a verified payment, through cashier check or money order, to her apartment complex. Otherwise, Driggs would sign the judgment and put Juanita one step closer to eviction. Juanita signaled that she understood. She’d make the payment. As she exited the courtroom, Juanita was confident but rattled. She said her husband of 40 years, who had been in Texas for the last six months caring for a sister fighting cancer, was coming back into town. He’d be able to help. “If I didn’t know the money was coming, I would have panicked,” she said. “My husband has the money, so we’re just going to pay it all out.” The idea of emptying their home on such short notice seemed an impossible task. “We have so much stuff,” she said. “We can’t get it out soon.” But the 4:30 p.m. deadline passed, and Juanita had not submitted a payment. Driggs signed the judgment in favor of the landlord, setting a date, less than two weeks from her first eviction notice, for her family to vacate the apartment. If they didn’t, a constable would remove them. That date came earlier this month. On Dec. 1 — as Arizonans shopped for holiday gifts, took their children to see Santa and began counting the days until Christmas — Juanita was required to abandon her home, the latest casualty of Phoenix’s eviction epidemic. No Home for the Holidays from p 13 State Sen. Anna Hernandez won a Phoenix City Council seat while advocating for a right-to- counsel program for people facing eviction. (Photo by TJ L’Heureux)
