Wilmington Council Hears Update on Delaware's Right to Representation in Eviction Cases; Members Urge Funding

Lisa Lessner, Right to Representation coordinator, and Sarah Rhine, managing attorney for the Community Legal Aid Society housing unit, briefed the Wilmington City Intergovernmental Committee on May 7, 2025, about Delaware’s phased implementation of the right to representation in eviction cases and requested support for a settlement assistance fund.

Lessner explained the law’s core eligibility and process: tenants with income at or below 200% of the federal poverty level may be eligible for representation; legal providers may decline for conflicts, noncompliance or lack of legal merit; and the state has phased implementation by ZIP code. “The right is called right to representation rather than right to counsel because we were successful in getting a Delaware Supreme Court rule change so that non lawyer qualified tenant advocates who report to the legal aid agencies can also represent tenants,” Lessner said.

Rhine described practical features of the implementation: every eviction filing triggers access to the court-run eviction diversion or online dispute-resolution program to encourage settlements before trial; legal aid agencies offer online intake (24/7), phone assistance (211) and in-person intake at offices; and staff will often enter appearances and negotiate settlements or identify legal defenses early. “Anyone who needs legal assistance should get it as soon as possible,” Rhine said.

The presenters described a settlement assistance fund established with federal COVID-era funds to help resolve landlord‑tenant disputes. The fund provides up to $1,000 per household (with a $1,500 cap for extenuating circumstances) and has been used, the presenters said, to cure arrears, negotiate repayment plans and preserve housing subsidies. Lessner and Rhine said the Housing Stability Program—identified by Rhine as a primary rental assistance source—“ends in May” and the transcript did not specify the year; presenters warned that other resources are diminishing.

Rhine provided recent Wilmington figures: about 6,750 eviction cases were filed over the first 17 months of implementation and legal aid organizations helped close nearly 1,000 of those cases. The presenters said not all tenants are income-eligible for legal aid (the 200% federal poverty level threshold) and that the program relies on outreach—flyers, court notices and landlord notices at lease signing, renewal or when rent is late—to connect tenants with services.

Lessner and Rhine asked the council to promote the Eviction Help DE intake page and to consider funding settlement assistance. Their projection for Wilmington: an annual estimate of about 4,700 eviction cases, with an assumed 30% of tenants both eligible and accepting legal aid and 50% of those cases benefiting from settlement assistance. Using an average assistance amount of about $1,100 per case, the presenters estimated an annual settlement assistance need of roughly $786,000.

Council members responded with support and questions. Chair Shanae Darby said the case examples illustrated the city’s need—“that's the story of so many people”—and urged continuing funding conversations. Council Member Christopher Johnson, an attorney, and Council Member Colby Owens both voiced strong support and indicated they would look for ways to identify funding. Council Member Christian Wilhauer asked how best to publicize the resource and the presenters recommended distributing flyers, posting the Eviction Help DE link and using council social channels and city web pages.

No ordinance, appropriation or formal motion to fund settlement assistance was introduced at the meeting. Council members said they would explore budget and outreach options with colleagues and staff.