Tenant right to counsel

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Tenant right to counsel (TRTC) is a proposed right that tenants should be provided with free legal representation, especially when tenants face eviction. As of 2023 in the United States, tenants are represented by lawyers in eviction cases 3% of the time, whereas landlords have legal representation in 80% of cases. [1] TRTC is viewed as a form of homelessness prevention, [2] but eviction potentially implicates a number of other basic human needs, such as child custody, education, employment, and physical/mental health. [3] Generally, tenant right to counsel programs have resulted in lower eviction rates, reduced rent arrears, and a sealed eviction records for tenants who cannot or do not want to stay in their homes. [4] [5] [6]

Contents

US state legislation on tenant right to counsel (NOTE: does not indicate cities with tenant right to counsel) .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} No statewide TRTC Some statewide TRTC passed TRTC States (1).png
US state legislation on tenant right to counsel (NOTE: does not indicate cities with tenant right to counsel)
  No statewide TRTC
  Some statewide TRTC passed

Around the world

United Kingdom

On 1 August 2023, the Housing Loss Prevention Advice Service launched in England and Wales, [8] providing free legal representation and advice regardless of income for renters and homeowners who are facing illegal eviction, poor housing conditions, and late rent or mortgage payments. [9] The program was expected to assist 38,000 people per year. [5]

United States

Unlike criminal right to counsel, there is no federal tenant right to counsel. Evictions and landlord-tenant cases are civil cases. The theoretical expansion of right to counsel to civil cases was at one time known as "Civil Gideon," after Gideon v. Wainwright, which established the right to an appointed lawyer in criminal cases for defendants who cannot afford one, [10] but advocates have moved away from that term in favor of "civil right to counsel". [11] [12]

In the US, tenant right to counsel was first passed in New York City in 2017. [1] It has passed in four states and 17 cities as of September 2024, [2] including San Francisco, Kansas City, [4] and Philadelphia. [1] [3]

Lawrence Tenants members advocate for tenant right to counsel in Douglas County, Kansas on October 1, 2025. Lawrence Tenants Members Advocate for Tenant Right to Counsel.jpg
Lawrence Tenants members advocate for tenant right to counsel in Douglas County, Kansas on October 1, 2025.

TRTC is a common goal for tenants unions. KC Tenants, Bozeman Tenants United, [13] Lawrence Tenants, [14] North Carolina Tenants Union, [15] and others have pushed for free legal representation for renters at local and statewide levels.

Funding

Programs are funded in a variety of ways. In the United States, many cities fund TRTC programs through general revenue and federal funds. [16] Other funding sources included developer fees in Jersey City, New Jersey, [17] rental excise taxes in Boulder, Colorado, [18] and United Way funding in Cleveland, Ohio. [19] [20] [16]

Tenant right to counsel programs require adequate and consistent funding. Improper funding has led to case overload, development of triage systems, burnout from participating lawyers, and difficulty in hiring lawyers due to job insecurity. [21]

In NYC, the Department of Social Services spent about $3,200 per household according to one study's estimate. [22]

An independent report from Stout found Oklahoma County and Tulsa County benefitted $6.3 million from a pilot program between 2022 and 2024, [23] [24] estimating a return on investment (ROI) of $4.21 for every dollar invested into the program. [23] The Boston Bar estimated in 2020 a statewide TRTC program would result in an ROI of $2.40. [25] Connecticut's TRTC program saved an estimated $36.6 million, taking in consideration funds not spent on emergency shelter, foster care, Medicaid spending, and other social services spending as a result of the program. [26] [27]

Administration

Awareness

Awareness of tenant right to counsel programs varies. Some programs require notice by landlords (in leases or with court summons), some rely on tenants knowing their rights, and some hire a tenant educator. [21]

In the United Kingdom, tenants and homeowners can reach the Housing Loss Prevention Advice Service through the internet to find legal aid.

Coverage

Universal coverage allows no gaps, except where underfunding and corporate criteria occur. [21] The National Low Income Housing Coalition called coverage of all tenants the "gold standard." [28]

Many American municipalities expanded income criteria after initially restricting coverage. [21] Newark's program only covers tenants 200% below the federal poverty level, [29] excluding at least 70% of residents. [30] Some corporate partners, such as Legal Services Corporation, had tenants meet exclusionary criteria that was not delineated in TRTC law. [21]

Counsel is available at different points during the eviction process. Generally, counsel is provided during filing and hearings but may also be provided during the notice or appeals periods. [21]

In NYC, homeowners facing foreclosure also have the right to appointed counsel. [31] [32]

Impact

Effects of a tenant right to counsel program in Washington. Orders of limited dissemination prevent evictions from appearing in tenant screening. Tenant Right to Counsel Visual.png
Effects of a tenant right to counsel program in Washington. Orders of limited dissemination prevent evictions from appearing in tenant screening.

The National Coalition for a Civil Right to Counsel has collected tenant right to counsel impact data, including:

In cases where tenants cannot or do not want to remain in their homes, legal counsel has extended the length of time the tenants had in their unit while they searched for new housing. [35] In Washington, the average case length for represented tenants was 70.4 days, as opposed to 22.9 days for unrepresented tenants. [33]

Some jurisdictions saw a reduction in racist attitudes toward repeat evictees. [21] TRTC programs have often been seen as a tool in reducing gender and racial gaps in eviction rates. [35] [36] [14]

One study found New York City's TRTC (also known as Universal Access to Counsel) program did not cause rent to rise in a community. [22]

Health

Access to counsel may reduce psychological stress that arises during eviction procedures. [33] [35] Some tenants found attorneys interacting with their landlords on their behalf to be empowering and gave a "sense of security." [33]

Some tenants' habitability concerns were addressed with representation that they otherwise could not afford. [21]

One study found a statistically significant correlation with TRTC and reduced adverse birth outcomes, such as low birth weight and premature births, among Medicaid recipients. The study suggested each year with TRTC could save up to $50 million in birth-related costs in NYC. [37]

See also

References

  1. 1 2 3 Ludden, Jennifer. "More renters facing eviction have a right to a lawyer. Finding one can be hard". NPR.
  2. 1 2 Phillips, Kynala (April 13, 2023). "Kansas City wants to prevent homelessness by cutting evictions. Is it working?". Kansas City Star.
  3. 1 2 Pollock, John (2024). "Right to Counsel for Tenants Facing Eviction: Justification, History, and Future". Fordham Urban Law Journal.
  4. 1 2 "Eviction Protection Grant Program | HUD USER". huduser.gov. Retrieved 2024-09-24.
  5. 1 2 "Right to Counsel". nyc.gov. Retrieved 2024-09-24.
  6. ↑ "Tenant Right to Counsel - Representation Impact and Cost/Benefit Data". National Coalition for a Civil Right to Counsel. Retrieved 2024-11-24.
  7. ↑ "The Right to Counsel for Tenants Facing Eviction: Enacted Legislation" (PDF). National Coalition for a Civil Right to Counsel.
  8. ↑ "New free legal advice for people facing eviction or repossession". GOV.UK. Retrieved 2024-09-24.
  9. ↑ "Legal aid for possession proceedings". GOV.UK. 2023-08-30. Retrieved 2024-09-24.
  10. ↑ "Civil Right to Counsel". American Bar Association.
  11. ↑ "About Civil Right to Counsel". NCCRC.
  12. ↑ Armstrong, Cassie. "Gideon is in the House: Lessons from the Home-Renters' Right-to-Counsel Movement" (PDF). Harvard Civil Rights Civil Liberties Law Review. 59 (1).
  13. ↑ Carroll, Bryanna (2024-06-17). "Bozeman tenant union works to establish right to counsel". KECI. Retrieved 2024-09-24.
  14. 1 2 "Lawrence Tenants advocate for Douglas County ordinance for tenant right to counsel". The Lawrence Times. 2025-06-01. Retrieved 2025-06-30.
  15. ↑ "North Carolina now has a statewide tenants union". WUNC. 2024-04-02. Retrieved 2024-09-24.
  16. 1 2 "THE RIGHT TO COUNSEL FOR TENANTS FACING EVICTION: ENACTED LEGISLATION" (PDF). National Coalition for a Civic Right to Counsel.
  17. ↑ "Ordinance of the City of Jersey City, N.J." (PDF). City of Jersey City.
  18. ↑ "Municode Library". library.municode.com. Retrieved 2025-09-24.
  19. ↑ "Right To Counsel". United Way of Greater Cleveland. Retrieved 2025-09-24.
  20. ↑ "ABOUT US - Right to Counsel - Cleveland". 2020-07-02. Retrieved 2025-09-24.
  21. 1 2 3 4 5 6 7 8 Benfer, Emily A.; Hepburn, Peter; Nazarro, Valerie; Robinson, Leah; Michener, Jamila; Keene, Danya E. (2025-05-04). "A Descriptive Analysis of Tenant Right to Counsel Law and Praxis 2017–2024". Housing Policy Debate. 35 (3): 470–495. doi:10.1080/10511482.2025.2467136. ISSN   1051-1482.
  22. 1 2 "The effects of legal representation on tenant outcomes in housing court: Evidence from New York City's Universal Access program". Journal of Public Economics . 222. June 2023 – via Science Direct.
  23. 1 2 "Stout's Independent Evaluation of Oklahoma County and Tulsa County Eviction Right to Counsel Pilot Programs – Key Findings" (PDF). November 25, 2024.
  24. ↑ Warlick, Heather. "Without state law to help, advocates aim to provide legal help for Oklahomans facing eviction". The Oklahoman. Retrieved 2025-06-30.
  25. ↑ wpdev (2020-06-25). "Boston Bar Association Releases Report on Right to Counsel in Eviction Cases in Massachusetts". Boston Bar Association. Retrieved 2025-07-01.
  26. ↑ Monk, Ginny (2025-01-15). "CT 'right to counsel' helped thousands stay housed; saved $36M". Connecticut Mirror. Retrieved 2025-07-01.
  27. ↑ "All about Connecticut's eviction right to counsel" . Retrieved 2025-07-01.
  28. ↑ Pollock, John. "Right to Counsel for Tenants Facing Eviction" (PDF).
  29. ↑ "Department: Office of Tenant Legal Services". www.newarknj.gov. Retrieved 2025-09-30.
  30. ↑ "Disrupting Dispossession: How the Right to Counsel in Landlord-Tenant Proceedings Is Reshaping Outcomes". Seton Hall L. Rev. 52– via Hein Online.
  31. ↑ Armstrong, Cassie Chambers. "Gideon is in the House: Lessons from the Home-Renters' Right-to-Counsel Movement". Harvard Civil Rights-Civil Liberties Law Review. 29.
  32. ↑ "New Settlement Enhances Legal Protections for Homeowners Facing Foreclosure Across NYS". NYCLU. Retrieved 2025-09-30.
  33. 1 2 3 4 von Geldern, Will (2025-07-01). "Evictions, legal counsel, and population health: A mixed methods study". Social Science & Medicine. 377 118134. doi:10.1016/j.socscimed.2025.118134. ISSN   0277-9536.
  34. ↑ "Tenant Right to Counsel - Representation Impact and Cost/Benefit Data". civilrighttocounsel.org. Retrieved 2024-11-24.
  35. 1 2 3 Keene, Danya E.; Olea Vargas, Gabriela; Harper, Annie (2024-12-01). "Tenant right to counsel and health: Pathways and possibilities". SSM - Qualitative Research in Health. 6 100464. doi: 10.1016/j.ssmqr.2024.100464 . ISSN   2667-3215.
  36. ↑ Ahmad, Aisha (2025-01-17). "Groundbreaking Access to Counsel in Evictions Program (ACE) Delivers Significant Impact for Maryland Tenants". Maryland Legal Services Corporation. Retrieved 2025-07-01.
  37. ↑ Leifheit, Kathryn M.; Chen, Katherine L.; Anderson, Nathaniel W.; Yama, Cecile; Sriram, Achyuth; Pollack, Craig Evan; Gemmill, Alison; Zimmerman, Frederick J. (2024-12-01). "Tenant Right-to-Counsel and Adverse Birth Outcomes in New York, New York". JAMA Pediatrics. 178 (12). doi:10.1001/jamapediatric. ISSN   2168-6203. Archived from the original on 2025-06-01.
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