Gideon v. Wainwright, 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own. The case extended the right to counsel, which had been found under the Fifth and Sixth Amendments to impose requirements on the federal government, by imposing those requirements upon the states as well.
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee.
A rent strike, sometimes known as a tenants strike or a renters strike, is a method of protest commonly employed against large landlords. In a rent strike, a group of tenants agree to collectively withhold paying some or all of their rent to their landlords en masse until demands are met. This can be a useful tactic of final resort for use against intransigent landlords, but can carry risks for the tenants, such as eviction, lowered credit scores, and legal consequences.
The Civil Court of the City of New York is a civil court of the New York State Unified Court System in New York City that decides lawsuits involving claims for damages up to $25,000 and includes a small claims part for cases involving amounts up to $10,000 as well as a housing part for landlord-tenant matters, and also handles other civil matters referred by the New York Supreme Court. The court has divisions by county (borough), but it is a single citywide court.
In criminal law, the right to counsel means a defendant has a legal right to have the assistance of counsel and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in national constitutions. Of the 194 constitutions currently in force, 153 have language to this effect.
The Coalition for Economic Survival (CES) is a grassroots, non-profit community organization. CES works in the greater Los Angeles area to influence policy makers to improve the lives of low and moderate income people.
Legal aid in the United States is the provision of assistance to people who are unable to afford legal representation and access to the court system in the United States. In the US, legal aid provisions are different for criminal law and civil law. Criminal legal aid with legal representation is guaranteed to defendants under criminal prosecution who cannot afford to hire an attorney. Civil legal aid is not guaranteed under federal law, but is provided by a variety of public interest law firms and community legal clinics for free or at reduced cost. Other forms of civil legal aid are available through federally-funded legal services, pro bono lawyers, and private volunteers.
In England and Wales, a section 21 notice, also known as a section 21 notice of possession or a section 21 eviction, is a notice under section 21 of the Housing Act 1988, that a landlord must give to their tenant to begin the process to take possession of a property let on an assured shorthold tenancy without providing a reason for wishing to take possession. The expiry of a section 21 notice does not bring a tenancy to its end. The tenancy would only be ended by a landlord obtaining an order for possession from a court, and then having that order executed by a County Court bailiff or High Court enforcement officer. Such an order for possession may not be made to take effect earlier than six months from the beginning of the first tenancy unless the tenancy is a demoted assured shorthold tenancy. If the court is satisfied that a landlord is entitled to possession, it must make an order for possession, for a date no later than 14 days after the making of the order unless exceptional hardship would be caused to the tenant in which case possession may be postponed to a date no later than six weeks after the making of the order. The court has no power to grant any adjournment or stay of execution from enforcement unless the tenant has a disability discrimination, public law or human rights defence, or the case is pending an appeal.
The Landlord and Tenant Board is an adjudicative tribunal operating in the province of Ontario that provides dispute resolution of landlord and tenant matters under the Residential Tenancies Act, 2006. It is one of the 13 adjudicative tribunals overseen by the Ministry of the Attorney General that make up Tribunals Ontario.
The Costa–Hawkins Rental Housing Act ("Costa–Hawkins") is a California state law enacted in 1995, placing limits on municipal rent control ordinances. Costa–Hawkins preempts the field in two major ways. First, it prohibits cities from establishing rent control over certain kinds of residential units, such as single-family dwellings, condominiums, and newly constructed apartment units. Second, it prohibits "vacancy control", also called "strict" rent control. The legislation was sponsored by Democratic Senator Jim Costa and Republican assembly member Phil Hawkins.
Arizona Tenants Advocates (ATA) is a non-profit renters' union and tenants' rights organization located in Tempe, Arizona. It was founded in 2001 by Kenneth A. Volk, a prominent Arizona tenants' rights advocate.
Eviction in the United States refers to the pattern of tenant removal by landlords in the United States. In an eviction process, landlords forcibly remove tenants from their place of residence and reclaim the property. Landlords may decide to evict tenants who have failed to pay rent, violated lease terms, or possess an expired lease. Landlords may also choose not to renew a tenant's lease, however, this does not constitute an eviction. In the United States, eviction procedures, landlord rights, and tenant protections vary by state and locality. Historically, the United States has seen changes in domestic eviction rates during periods of major socio-political and economic turmoil—including the Great Depression, the 2008 Recession, and the COVID-19 pandemic. High eviction rates are driven by affordable housing shortages and rising housing costs. Across the United States, low-income and disadvantaged neighborhoods have disproportionately higher eviction rates. Certain demographics—including low income renters, Black and Hispanic renters, women, and people with children—are also at a greater risk of eviction. Additionally, eviction filings remain on renters' public records. This can make it more difficult for renters to access future housing, since most landlords will not rent to a tenant with a history of eviction. Eviction and housing instability are also linked to many negative health and life outcomes, including homelessness, poverty, and poor mental and physical health.
A nuisance ordinance, also referred to as a crime-free ordinance or a disorderly house ordinance, is a local law usually passed on the town, city, or municipality level of government that aims to legally punish both landlords and tenants for crimes that occur on a property or in a neighborhood. These laws impose penalties under programs referred to as nuisance abatement when crimes are reported, regardless of whether crimes actually occurred or what the police action entailed. The result of these ordinances is for landlords to tell tenants to not report crimes, refuse to renew the lease of anyone involved in reporting a crime, and eviction of tenants involved in any crimes, even if the tenants were the victims of said crimes.
A tenants union, also known as a tenants association, is a group of tenants that collectively organize to improve the conditions of their housing and mutually educate about their rights as renters. Groups may also lobby local officials to change housing policies or address homelessness.
Hugo Soto-Martinez is an American labor organizer and politician, currently serving as a member of the Los Angeles City Council for the 13th district since 2022. A member of the Democratic Party and the Democratic Socialists of America, Soto-Martinez defeated incumbent Mitch O'Farrell in the 2022 general election.
The Renters (Reform) Bill was a proposed Act of the Parliament of the United Kingdom introduced by the Secretary of State for Levelling Up, Housing and Communities, Michael Gove, on 17 May 2023. The legislation proposed to end the no-fault eviction of tenants, as well as making it easier for landlords to evict antisocial tenants.
The Kansas City Tenants Union, also known as KC Tenants, is a non-profit tenant's union in Kansas City, Missouri. It was founded in 2019 by Tiana Caldwell and Tara Raghuveer.
Just cause eviction, also known as good cause eviction, describes laws that aim to provide tenants protection from unreasonable evictions, rent hikes, and non-renewal of lease agreements. These laws allow tenants to challenge evictions in court that are not for "legitimate" reasons. Generally, landlords oppose just-cause eviction laws due to concerns over profit, housing stock, and court cases.
Mark Aaron Melton is an American attorney and housing advocate based in Dallas, Texas. His housing advocacy work has focused primarily on renters' rights and on eviction prevention. He co-founded and heads the Dallas Eviction Advocacy Center (DEAC), an organization of volunteer attorneys that helps renters avoid eviction and housing insecurity. He is a partner at Holland & Knight.
Bozeman Tenants United is a tenant's union based in Bozeman, Montana. According to the Tenant Union Federation, which Bozeman Tenants United cofounded, the union has over 200 members and 130 pay union dues. Its founders are organizers who were involved in Bozeman United for Racial Justice.
