Dosker Manor resident Dwight Beal is one of the few people in Louisville to win an eviction court case decided by a jury in years. That’s exactly what happened in January.
“I’ve never won anything in my life, but I wanted something that really meant something to me all these years,” he said.
He’s lived in his C Building apartment for more than three years, and it’s how he escaped homelessness.
Last August, after months of disputes with Louisville Metro Housing Authority management, the agency warned Beal that they would take him to eviction court in 30 days if he didn’t change his behavior.
He and management repeatedly argued when he raised concerns, like them not fixing his keycard and delays over a Kroger gift card promised to residents to replace food spoiled during a power outage.
“I know I’m not easy to get along with but I don’t wanna be pushed over, I’m 76 years old,” he said.
Eventually, he received an eviction notice in November. LMHA said he continued to “behave in a disorderly fashion,” and had “serious and repeated violations,” which warranted a lease termination.
Unlike many people in his situation, Beal was prepared. The original warning in August alerted him that he was entitled to an attorney, so he immediately reached out to the Legal Aid Society.
Beal’s attorney, Andrew Chandler, said he believed the case could go before a jury because the parties disagreed on a set of facts, including whether Beal had violated his lease. He said eviction cases are ultimately high-stakes cases, including Beal’s.
“If you're evicted from public housing, that probably is the place that would be the only one willing to house you if you can't afford to pay rent,” he said.
He said typically judges decide eviction cases.
“Jury trials are exceedingly rare in eviction court. I know this is the first one that our office has had in five years, at least. They're exceedingly rare because they clog up the mill that's running,” he said.
Most eviction cases end with the tenant losing their home either through an eviction, which can make it harder to find future housing, or by making a deal with a landlord to move out. That can be especially difficult for low-income public housing tenants, Chandler said.
“They're not going to be in a position to take a deal to move, and they're almost certainly not going to be in a position either to take a deal to pay the rent that's owed,” he said.
The case against Beal hinged on proving he disrupted “peaceful enjoyment” of residents and staff, and engaged in repeated disorderly conduct.
LMHA managers testified that Beal violated his lease by throwing papers, using expletives and behaving in a “threatening” way. One staff member said they weren’t able to de-escalate the overall situation, but acknowledged Beal was never physically violent.
Chandler, Beal’s lawyer, said one of his arguments was that “coming downstairs and expressing frustration with property management is not against the law.”
The jury was also aware of the conditions at Dosker Manor, the downtown complex riddled with so many problems that leaders say the best solution is to tear it down and rebuild. Although plans for demolition aren’t finalized, residents are currently being relocated. Setting Beal out while people were being relocated didn’t sit well with the jury, Chandler said.
The jury decided in Beal’s favor. It saved him from being evicted.
In a statement, LMHA spokesperson Jailen Leavell said the agency respects the legal process and its outcome.
"We remain committed to adhering to all applicable laws and policies regarding housing and eviction proceedings,” he said. “Ensuring the safety and security of our staff and residents will always be our top priority."
A rare win
Beal’s experience is nothing like most cases in eviction court. His attorney Chandler said some tenants contact him too late in the process.
Jackson Cooper, senior counsel and director of legal services at the nonprofit Kentucky Equal Justice Center, said watching a day of hearings in eviction court is like “a conveyor belt of injustice.”
He said many clients don’t bother showing up.
“What they're allowed to say and the story they're allowed to tell is very limited and the amount of time they’ll have to tell that story is very, very limited,” he said.
Lawyers can make a difference. But Cooper said there are few lawyers who take on eviction cases, especially when it involves low-income tenants.
“There is no system by which the court can compensate the lawyer. Legal Aid is essentially the tenants only source for representation in an eviction court in Kentucky,” he said.
Under Kentucky law, tenants have the right to a jury trial in eviction cases, but many don’t know that. Plus, judges are often under pressure to resolve multiple cases in a few hours.
So, if everyone got a jury trial, Cooper said it would be like “throwing a wrench into the wheels of that conveyor belt and just stopping the whole thing. It would all blow up.”
As unlikely as jury trials in eviction cases are, Cooper said it’s important for tenants to reach out to legal aid organizations and to know their rights.
