Housing Stability: An Inalienable Right for All Americans
Adequate housing enables people to remain employed, provides educational and emotional stability for children, boosts mentalhealth and strengthens our communities. For hundreds of thousands of Floridians, though, the ability to secure shelter for themselvesis tenuous at best, under threat from many angles.September 15, 2025 at 10:00 AM
By Jeffrey D. Harvey
Housing is at the core of the American dream. It’s not simply the middle-class ambition of homeownership but also includes the stability that access to housing provides for millions of families struggling to stay out of poverty. Adequate housing enables people to remain employed, provides educational and emotional stability for children, boosts mental health and strengthens our communities.
For hundreds of thousands of Floridians, though, the ability to secure shelter for themselves is tenuous at best, under threat from many angles:
Housing prices in central Florida hit a record high in 2024, according to the Orlando Regional Realtor Association. The 2024 overall median home sale price in the region was $385,000, up 3.9% from a year earlier.
As of June 8, Zillow showed the average rent in Florida across all property types is $2,450 per month.
The National Low Income Housing Coalition’s 2025 Gap Report finds that Florida has only 26 affordable and available rental homes for every 100 extremely low-income renters.
A recent United Way report finds that 47% of Floridians spend more than 30% of their income on housing, qualifying as a housing cost burden.
The University of Florida’s Shimberg Center for Housing Studies found that in 2024, more than 883,000 Florida renters spent more than 40% of their monthly income on rent.
The state ranks 15th nationally in terms of people behind on rent, according to U.S. Census data compiled by Stessa, an automated rent payments platform.
The Journal of the American Medical Association (JAMA) recently published results of aninvestigation that showed that housing loss—eviction in particular—is “a pressing public health concern.” JAMA’s report found that “stress about eviction or loss of housing was associated with increased odds of internalizing issues, such as depression and anxiety, among children,”underscoring the importance of “interventions to address housing instability and its mental health consequences for children.”
Housing’s Outsized Role in Low-Income Legal Issues Every day, my colleagues and I work with clients to resolve the real and potential legal issues related to housing that low-income families in particular face: consumer rights, custody and abuse matters, discrimination, predatory lending, mental health issues, etc. Each one of these impacts a person’s ability to provide adequate shelter for themselves and their families.
Legal aid organizations play an essential role in increasing access to stable housing, especially in Florida where housing laws are complex and tend to favor the landlord. Data from the National Coalition for a Civil Right to Counsel (NCCRC) indicates that nationally only 4% of tenants facing eviction are represented by counsel while 83% of landlords retain attorneys. Clearly, a need exists to ensure our rent-burdened citizens are afforded equal access and representation under the law.
Moreover, the return on representation investment is significant. The Rand Organization estimates that the Legal Services Corp. (LSC), a congressionally mandated entity that funds legal aid organizations nationwide, enables 75,000 households to maintain their housing each year at a rough cost of around $2,000 per prevented move. These impacts show that civil legal aid, unlike many other interventions, does not lose efficacy with scale. But with nearly a million renters under rent-cost burden and only a tiny portion adequately represented, Florida’s legal aid organizations can have an outsized role in keeping people housed.
A recent matter plainly illustrates the challenges our clients face, particularly in housing matters where landlords often have the upper hand in terms of knowledge of process. I had a case where the tenant was behind in rent three days. The landlord gave him a notice: Pay the rent or hand over the keys within three days or we will evict. The tenant handed over the keys. The landlord still filed an eviction for possession, not asking for the rent, but claiming the rent was unpaid. Despite the tenant already giving up possession, the tenant had to place an entire month’s rent with the court (which could have been used for the new apartment) just to be able to explain to the court that the issue was moot because he already handed over the keys.
Legal Aid’s Multipronged Approach to Housing Stability When working class and low-income individuals are housed, society benefits. Legal aid organizations help tenants and homeowners navigate and understand leases, mortgage agreements, eviction notices, deed issues, tax matters, and more. We also advise landlords on the myriad of state and federal rent subsidy and stabilization programs that reduce tenant turnover and increase occupancy. Our focus on the following areas illustrates the impact we have:
Consumer/Contractor Scams: Post-hurricane housing repair scams are all to common in Florida. Fly-by-night contractors prey on vulnerable homeowners and landlords looking to make quick, inexpensive repairs. Legal aid organizations are well positioned to equip citizens with the information they need to properly select and hire a reputable contractor and can facilitate litigation if necessary.
Landlord/Tenant Relationships: State laws covering rental properties and tenant leases tend to favor landlords. Florida’s eviction process is nuanced, complex, and fast. For tenants who face eviction from their home, properly navigating the legal system is essential. The legal aid community has the resources to help.
Fair Housing/Discrimination: The Federal Fair Housing Act, in addition to Florida’s own housing laws, protects against discrimination. Legal aid resources can help tenants understand and recognize the different forms of discrimination in both rental agreements and mortgage lending. Familiarity with fair housing laws can keep parties from unknowingly engaging in discriminatory practices and help avoid litigation.
Subsidized Housing: There are several different types of programs available for low-income residents. The most common federally subsidized housing programs are Public Housing, Housing Choice Vouchers (affectionately referred to as “Section 8”), Project-Based Vouchers, Project-Based Section 8 Rental Assistance, Section 202, USDA Rural Development (Section 515), and Low-Income Housing Tax Credit. Legal aid groups are well versed in the latest United States Department of Housing and Urban Development (HUD) family income limits, as well as applicable federal statutes and regulations, that can help determine eligibility for financial assistance and enforce tenant rights under those programs. Legal aid groups can also provide information regarding HUD-Veterans Affairs Supporting Housing (HUD-VASH) Vouchers and support for unhoused veterans.
Mortgage Foreclosure: Many homeowners are not aware of their rights or their lender’s rights when signing a mortgage’s promissory note. Legal aid helps clarify the mortgage holder’s rights and connect them to community resources should their property be foreclosed on. We can also defend against the foreclosure, especially when the mortgagor is skirting the system or being unreasonable with modifications.
Our Duty as Attorneys to the Community: At the risk of sounding like a broken record, I am emphatic about our duty as lawyers to provide pro bono representation for our fellow citizens. Taking on civil housing matters via legal aid is perhaps one of the easiest ways to have an outsized impact in the community. As the LSC data above illustrates, pro bono work via legal aid is one of the most effective means of creating stable housing for those who need it most. It truly creates a ripple effect, improving people’s livelihoods, strengthening communities, and providing both opportunity and stability for families and children. But we are woefully behind in addressing the needs of our fellow citizens. Legal aid organizations need your help.
With a national housing crisis upon us with no signs of abatement, legal aid and its pro bono volunteers are essential now more than ever for keeping low-income Americans housed. In Florida, with its high percentage of retirees and veterans, housing stability is a crucial aspect of our social structure and prosperity. Not only do we have a professional obligation to apply our talents to help resolve this issue, but we also have a moral obligation to provide access to justice for those that cannot afford it.
As we individually and collectively look at ways to benefit society and elevate the profession, I strongly encourage my colleagues to consider their role in helping all Americans achieve the American dream. Housing stability is indeed part of our inalienable right to life, liberty, and the pursuit of happiness.
Jeffrey D. Harvey is the chief executive officer of Community Legal Services, a full-service civil legal aid law firm serving the central Florida community. He is a 24-year veteran of the U.S. Army and recentlycompleted a master’s degree in strategic studies at the U.S. Army War College.
Reprinted with permission from the September 15, 2025 edition of Daily Business Review © 2025 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-257-3382 or reprints@alm.com.
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