Indiana judges could ease impact of 70,000 yearly eviction filings, protect families against 'the Scarlet E'

Housing is cheaper in Indiana, compared with other states, but the state’s eviction rate is still one of the highest in the country.

Around 70,000 evictions are filed against Indiana residents each year. A new report outlines how courts could reduce that filings rate. Advocates and lawyers say that would give much needed relief to families.

“If you give them some time, they can find the money to catch up on rent,” Fran Quigley, lawyer and one of the report’s authors, said. “If they can't find the money to catch up on rent, they can find another place to live. So the family doesn't end up in a car, or in a shelter or worse yet on the street.”

Part of the problem, Quigley said, is that the eviction process moves quickly. In Indiana, an eviction can take as little as 10 days. Eviction hearings can also last less than 5 minutes, compared to the months or years it can take for other cases.

The report, “Too Fast, Too Easy: How Indiana Courts are Fueling Our Eviction Crisis,” is a collaboration between lawyers across Indiana. It argues court practices have become a driver of homelessness, family trauma and community instability.

Research shows consequences of eviction go beyond the courtroom, with negative impacts on educational and health outcomes. It also shows families are disproportionately evicted, making children the group most impacted.

“An eviction is almost always displacing a child, not just from their home, but maybe from their school and from their neighborhood,” Quigley said. “That hurts our neighborhood. That hurts the schools. It (is) more difficult for the schools and the teachers and the systems to provide the support and the education those kids need.”

Eviction filings also follow tenants for years, making it harder to secure housing in the future.

“The Scarlet E,” Quigley said. “This is a badge of dishonor … Makes it really hard for them to find a landlord that will allow them to move in.”

Advocates recommend several immediate changes for judges to consider in their courtroom – which include giving tenants more time before a hearing, allowing rent escrow for unsafe housing, requiring eviction mediation and making eviction filings private until resolved.

“If we slow the process down, give tenants more rights and more ability to resolve problems, then we're going to build more trust in a court system that, right now, doesn't have enough people trusting it,” Quigley said.

Implementing these changes could also increase tenant protections and reduce homelessness across the state, Quigley said.

Contact WFYI Morning Edition newscaster and reporter Abriana Herron at aherron@wfyi.org.