Savannah public housing evictions 101

Evictions are on the rise in Yamacraw Village , a deteriorating public housing development in downtown Savannah’s oldest Black neighborhood.

For years, the development has received failing scores in federal reports, yet local officials have not made headway in the 4-year-old plan to demolish the complex and rebuild it.

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Caught in the limbo are the low-income families and senior citizens who still call Yamacraw home. The Housing Authority of Savannah filed to evict 11 Yamacraw residents this June, moves that would bring occupancy down to around 40%.

When the application to demolish Yamacraw is approved, residents who are still living in the development will be given vouchers , allowing them to find private market housing where they’ll continue to pay rent that’s no more than 30% of their income.

But people who are evicted or move out before that approval date are less fortunate — they are forced to leave Yamacraw without vouchers and without their added rights as public housing residents.

Former tenants that The Current spoke with through their eviction process were left scrambling for housing — looking to relatives for help, moving far from Savannah’s amenity-rich downtown, or staying in hotels for temporary shelter.

To better understand the eviction process leading up to that point, The Current spoke to the magistrate judge, sheriff’s office, and housing experts.

Step 1:  Housing authority decides to take action on late rent

Rent is due and payable on the first of every month, except for weekends and holidays, where it falls on the next business day. Instead of going all the way to the housing authority’s office on Wheaton Street, residents can pay and see real-time balance on an app called Rent Café.

If a resident fails to pay the balance on time, they have the ability to request a late payment date once in a twelve-month period, according to Earline Davis, the housing authority’s executive director. They must make the request before the 7th of the month and pay before the 20th.

Otherwise, they’ll receive a report for late rent, generated from the 21st through the 26th, and if they don’t pay after viewing the report, the housing authority will issue a termination letter, Davis wrote.

In that termination letter, residents will receive a 30-day notice to vacate. They’re informed of their right to an informal hearing, Davis added.

Step 2: Informal hearings and establishing ‘good cause’

Georgia law requires the housing authority to hold an informal hearing with the tenant, to see if the issue can be resolved without a trial. If the tenant is absent for the meeting without letting the housing authority know, the housing authority can reschedule, but only if it’s an unavoidable conflict.

After that meeting with the property manager, the housing authority provides the resident a summary of the discussion. If the tenant is not satisfied, they can request a grievance hearing, led by a mediation center, Davis wrote.

Then, the eviction proceedings move to the magistrate court level.

Before the housing authority files a dispossessory warrant — the term for their complaint suing the tenant to get the property back — they must notify the tenant in writing.

Also, the housing authority must prove “good cause” both in the dispossessory warrant and in the courtroom— either tenants have broken the terms of the lease, like having a dog in a no-pet unit, or they’ve failed to pay rent on time.

Most tenants go through eviction proceedings because they are behind on rent, according to Magistrate Judge Michael H. Barker.

Private landlord tenants have none of these protections. Instead, they start at Step 3, listed below.

Step 3: Dispossessory warrant

In Savannah, dispossessory warrants due to nonpayment of rent arrive in waves, Barker said. High tides in his court occur during the holidays, he says, when people spend money on gifts and celebrations rather than rent, then decrease in the spring, when people get money back from tax refunds.

The summer is another period when dispossessory warrants increase. That’s because tenants have added costs for childcare when school is out of session. In the fall, eviction numbers will decrease.

The dispossessory warrant itself, which is also e-filed for record, includes the addresses for the defendant — the public housing tenant — and the plaintiff — the housing authority. It also lists the property type, the reason the dispossessory is being filed, and what the housing authority demands: possession of the premises, past due rent and court costs, and rent up to the date of judgment or vacancy.

The warrant is tacked on the tenant’s door and mailed to them on the same day. And the tenant must answer the warrant within seven days. In the dispossessory answer, the tenant generally checks the box admitting that they owe money, but they can also submit a counterclaim.

If the tenant pays what is due within that seven day window, eviction proceedings can close.

Step 4: Hearing

A hearing is scheduled 14 days out from the dispossessory answer, to give enough time for tenants to receive mail and prepare for their court date.

Once they arrive, they’re sworn in and present their case. For late payment of rent cases, the court hearings are very short, often less than five minutes each. That’s because after the tenant admits they didn’t pay, there’s not an argument against that. The landlord is entitled to the property after seven days, unless another agreement is reached.

In 95% of magistrate court cases, tenants do not have lawyers, Barker said. Because the majority of the courtroom audience does not have much experience with the law, Barker tries to present the evidence in a less formal way. It’s an attempt to make self-represented tenants feel more at ease, he said.

Tenants do not always show up, though. The hearing is still held, but in an instance of a no-show, the landlord could start eviction proceedings that very day, rather than waiting seven days.

And although the Georgia tenant-landlord handbook is available for free online, very few tenants actually access it, Barker said. Sometimes, he can tell residents have consulted the handbook, as they point to statutes and start speaking in “legalese.”

Occasionally, public housing tenants will be represented by attorneys from Georgia Legal Services — these are fortunate residents, and their cases resemble “mini-trials.”

One argument that tenants can make in these mini-trials is a failure to repair. If the housing authority hasn’t addressed deteriorating conditions — especially relevant in Yamacraw — causing tenants damage, they can sue for those damages, whether it’s asthma from mold or heat exhaustion from a broken air conditioner. Another option is suing for the difference in property values, if the failure to repair has caused the value to decrease.

Most commonly, tenants will “repair and deduct,” Barker said. For example, if the toilet is broken and the housing authority doesn’t fix it, the tenant can call a plumber to repair it. Once it’s repaired, the tenant can give the landlord the receipt for the repair and balance of rent.

Still, these cases are rare: “I’ve been on the bench 20 years, and I keep telling people, and everyone seems to not know about it,” Barker said.

Barker said that the courtroom seems to be the only way tenants learn about their rights, meaning it will only help if they’re listening in to a different case, or end up dealing with the same issue in the future.

Step 5: Eviction or appeal

If an individual admits they didn’t pay, that’s “all we can do at that point,” Barker said. The landlord is entitled to the property, and under no obligation to continue to work with the tenant. That’s according to the writ of possession the magistrate judge issues after the hearing.

However, that doesn’t mean the landlord is required to kick out the tenant. If they want to try to work something out to keep the tenant in the property, that’s fine, and it happens all the time, Barker said.

The tenant can also file a petition to review, taking the case to state or superior court. While the tenant is appealing, if they want to stay in the unit, they must pay the housing authority both the rent money that’s been accumulating and current rent as it comes .

Step 6: Forced out

Seven days after the hearing, if there hasn’t been an appeal or agreement between the tenant and housing authorities to work things out, the housing authority will start to regain possession of the unit.

The seven-day period starts the morning after the hearing, and the tenant must vacate the unit by the end of that period.

The housing authority enlists the help of a sheriff to place a red tag on the door 24 hours before the eviction, to give the tenant warning that the eviction is happening. And if the tenant does not move out after seven days, the housing authority will call the sheriff to set up a date to finalize the eviction.

A sheriff shows up for all court-ordered evictions, according to Major Torrey Mackey of the Chatham County Sheriff’s Department. When the housing authority schedules the date, a deputy does a walkthrough of the unit, making sure no one is still there. The deputy will seize any weapons and monitor the housing authority as they move belongings to the curb for the former tenant to pick up, lock the door, and change the lock, Mackey said.

Once the walkthrough is completed, the deputy notifies the sheriff’s office dispatch that the unit is cleared out, and that it is officially the housing authority’s property again.

To read more about Yamacraw Village, check out our previous coverage here and here .