Weaponized Evictions: The National Crisis of Naming Children as Defendants
- Shan L/E Wayshower
- Oct 8
- 6 min read
Children Too Young to Write Their Names Are Being Sued
Linda's children were 3 and 7 years old when they were entered as defendants in a New York eviction case.
They couldn't write their own names yet.
But their names are now in public court records. Forever.
This isn't a mistake. This is happening across America.
And it's destroying children's futures before they even begin.
What Is a Weaponized Eviction?
A weaponized eviction occurs when:
Landlords or property managers name minor children as defendants in eviction proceedings—not because the children have any legal obligation, but to:
Create leverage against parents
Intimidate families into leaving quickly
Avoid tenant protections by complicating the case
Maximize attorney billing (more defendants = more complexity = more hours)
Children are used as weapons in a legal battle they have no part in.
The Shocking Reality
Children as young as 8 months old have been named as defendants in eviction cases.
Let that sink in.
An infant. Who cannot:
Sign contracts
Understand legal proceedings
Have any rental agreement
Owe any money
Is being sued in court.
This Is a National Problem
According to research and reporting from Shelterforce, the Eviction Lab, and legal advocates:
It happens in multiple states:
New York
North Carolina
Florida
Minnesota
Nevada
Oregon
Connecticut
And Vermont
It's increasing:
After the 2019 Housing Security and Tenant Protection Act in New York, naming children increased as some landlords misinterpreted (or deliberately exploited) the law's language about naming "occupants."
Few states prohibit it:
Only a handful of states—including Massachusetts, Connecticut, and California—have passed laws explicitly prohibiting landlords from naming minors in eviction proceedings.
In most of America, it's perfectly legal to sue a baby.
Why Landlords Do This
1. Intimidation Tactic
"Your child will have an eviction on their record. Leave now or ruin your child's future."
This psychological pressure works. Many families leave immediately rather than fight—even when they have legal defenses.
2. Bypass Tenant Protections
Some tenant protection laws apply to the named tenant. By adding children, landlords create complexity that makes it harder for tenants to use their rights.
3. Ensure Complete Eviction
In some states, all occupants must be named before a warrant of eviction can be executed. Rather than verify who actually has legal obligation, landlords just name everyone—including babies.
4. Attorney Billing
More defendants = more complex case = more billable hours for the landlord's attorney.
The Permanent Damage
Even if the family wins the case, the damage is done:
Eviction Records Are Public
In most states, eviction filings remain public records forever—even if:
The tenant wins
The case is dismissed
The judgment is vacated
Children's Futures Are Destroyed
A child with an eviction record faces:
Housing discrimination:
Landlords screen for eviction history
Even a dismissed case shows up
Cannot rent apartments as adults
Credit damage:
Eviction judgments affect credit scores
Harder to get loans, credit cards, mortgages
Financial disadvantage for life
Employment barriers:
Some employers check court records
Eviction record suggests "instability"
Harder to get jobs
Educational impact:
Can't easily rent near colleges/universities
Scholarship and housing denials
Limited educational opportunities
No Way to Erase It
Few states allow sealing or expunging eviction records. In North Carolina, once a name is in the public record, "there's really no way to erase the filing itself."
A landlord's decision to name a child can haunt that child for 60+ years.
Who This Harms Most
Children in Low-Income Families
The single greatest predictor of eviction is the presence of children in the household.
Families with children are 3 times more likely to be evicted than households without children—despite the Fair Housing Act's prohibition of discrimination based on familial status.
Children of Color
Children born to Black and Brown mothers are 5-8 percentage points more likely to be evicted by age 15 than children born to white mothers.
Already-Disadvantaged Children
Children born with adverse birth outcomes are substantially more likely to face eviction in their first 5 years of life.
The children who can least afford the damage are the ones being harmed most.
The Health Impact on Children
Research shows that eviction causes:
Physical Health Problems:
Low birth weight (if mother evicted during pregnancy)
Preterm birth
Lead poisoning (from substandard housing after eviction)
Food insecurity
Increased all-cause mortality risk
Mental Health Problems:
Emotional trauma
Anxiety and depression
Developmental delays
Fair or poor health status
Educational Harm:
Missed school days
Academic decline
Lost friendships and support systems
Developmental risk
Eviction is a major adverse childhood experience that harms children across their entire life course.
The Legal Absurdity
Think about this logically:
Children cannot:
Sign rental agreements (under 18, cannot enter contracts)
Be legally obligated for rent
Have credit or financial liability
Represent themselves in court
But they CAN be:
Named as defendants in lawsuits
Served with legal papers
Subject to court judgments
Have permanent public records
How does this make sense?
It doesn't.
It's a gap in the law that harms children and benefits those who exploit it.
Why Courts Allow This
The justifications given:
"All occupants must be named"
Some states require all occupants be named before eviction can proceed. But:
Children are not "occupants" in a legal sense
They have no independent right to occupy
They're dependents of the actual tenant
"It's technically allowed"
True—but only because most laws don't explicitly prohibit it. This is a gap, not an intentional feature.
"It's standard practice"
Just because something is common doesn't make it right. Slavery was once "standard practice" too.
The real reason? No one has stopped it.
Until now.
States Taking Action
Massachusetts
Explicitly prohibits naming minors as defendants in summary eviction process. Allows removal of minor's name from court records.
Connecticut
Passed legislation excluding children's names from eviction documents and allowing removal from online dockets.
California
Strong tenant protections include prohibitions on naming minors.
But most states have done nothing.
Vermont can lead.
M.G.'s Law: The Solution
Vermont can protect children by:
1. Explicit Prohibition
No minor child may be named as a defendant in any eviction or civil housing proceeding.
2. Automatic Removal
If a child is improperly named, the court must remove them immediately upon request or on its own motion.
3. Expungement
Children improperly named in past cases have the right to have their names removed from public records.
4. Accountability
Landlords and attorneys who name children without legal justification face:
Sanctions
Attorney's fees
Potential disciplinary action
5. Verification Requirement
Before naming ANY person under 18, the filing party must:
Verify the minor has an actual legal obligation
Provide evidence of contractual relationship
Demonstrate naming is legally necessary
The Bottom Line
Naming children in eviction cases:
❌ Does NOT serve justice
❌ Does NOT protect landlords' legitimate interests
❌ Does NOT follow legal principles
✅ DOES harm vulnerable children
✅ DOES perpetuate poverty
✅ DOES create lifelong disadvantage
It's time to stop this practice.
What You Can Do
1. Sign the Petition
Show legislators there's public support for protecting children. MGsLawVT.org
2. Share This Information
Most people have no idea this is happening. Raise awareness.
3. Contact Legislators
Tell them:
You oppose naming children in evictions
You support M.G.'s Law
Vermont should lead on protecting children
4. Support Affected Families
If you know a family facing eviction:
Connect them with legal aid
Share tenant rights resources
Offer practical support
5. Advocate for Housing Justice
This issue is part of a larger crisis:
Lack of affordable housing
Exploitation of vulnerable tenants
System that serves landlords over families
We need comprehensive reform.
A Child Named Linda
Remember Linda's children? Ages 3 and 7 when named in an eviction case?
They'll grow up knowing:
Their names are in court records
They have an eviction on their history
Before they could write their own names, the legal system marked them
They'll face:
Difficulty renting apartments
Credit challenges
Employment barriers
Lifelong disadvantage from something they had no part in
This is happening to children across America right now.
Vermont can say: Not here. Not anymore.
The Choice Is Clear
We can continue allowing:
Babies to be sued
Children's futures to be destroyed
Poverty to be weaponized against families
Legal system to harm the most vulnerable
Or we can say:
Children are not weapons.
Children are not leverage.
Children are not defendants.
They are children. And they deserve protection.
Weaponized evictions destroy lives before they begin. M.G.'s Law would stop this practice in Vermont. Join us in protecting children.
Sign the petition. Share the message. Demand change.
Sources:
Shelterforce: "Minor Defendants: Kids Are Being Named in Evictions" (2021)
Harvard Petrie-Flom Center: "U.S. Eviction Policy is Harming Children" (2022)
Invisible People: "Naming Children In Eviction Filings Perpetuates The Cycle Of Poverty" (2021)
Eviction Lab research by Matthew Desmond
