Tenant right to counsel (TRTC) is a proposed right that tenants should be provided with free legal representation, especially when tenants faceeviction. As of 2023 in the United States, tenants are represented by lawyers in eviction cases 3% of the time, whereaslandlords have legal representation in 80% of cases.[1] TRTC is viewed as a form ofhomelessness 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 rentarrears, and a sealedeviction records for tenants who cannot or do not want to stay in their homes.[4][5][6]
TRTC programs aim to fix imbalances in legal representation between landlords and tenants as opposed toeviction mediation programs that seek to find agreements between largely unrepresented tenants and represented landlords.[7]
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On 1 August 2023, the Housing Loss Prevention Advice Service launched inEngland andWales,[9] providing free legal representation and adviceregardless of income for renters and homeowners who are facing illegal eviction, poor housing conditions, and late rent or mortgage payments.[10] The program was expected to assist 38,000 people per year.[5]
Unlikecriminal 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," afterGideon v. Wainwright, which established the right to an appointed lawyer in criminal cases for defendants who cannot afford one,[11] but advocates have moved away from that term in favor of "civil right to counsel".[12][13]
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] includingSan Francisco,Kansas City,[4] andPhiladelphia.[1][3]
TRTC is a common goal fortenants unions.KC Tenants,Bozeman Tenants United,[14]Lawrence Tenants,[15]North Carolina Tenants Union,[16] and others have pushed for free legal representation for renters at local and statewide levels.
Programs are funded in a variety of ways. In the United States, many cities fund TRTC programs through general revenue and federal funds.[17] Other funding sources included developer fees inJersey City, New Jersey,[18] rental excise taxes inBoulder, Colorado,[19] andUnited Way funding inCleveland, Ohio.[20][21][17]
Tenant right to counsel programs require adequate and consistentfunding. Improper funding has led to case overload, development oftriage systems,burnout from participating lawyers, and difficulty in hiring lawyers due tojob insecurity.[7]
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 foundOklahoma County andTulsa County benefitted $6.3 million from apilot program between 2022 and 2024,[23][24] estimating areturn on investment (ROI) of $4.21 for every dollar invested into the program.[23] TheBoston 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 onemergency shelter, foster care,Medicaid spending, and othersocial services spending as a result of the program.[26][27]
Awareness of tenant right to counsel programs varies. Some programs require notice by landlords (inleases or withcourt summons), some rely on tenants knowing their rights, and some hire a tenant educator.[7]
In the United Kingdom, tenants and homeowners can reach theHousing Loss Prevention Advice Service through theinternet to find legal aid.
Universal coverage allows no gaps, except where underfunding and corporate criteria occur.[7] TheNational Low Income Housing Coalition called coverage of all tenants the "gold standard."[28]
Many American municipalities expanded income criteria after initiallyrestricting coverage.[7]Newark's program only covers tenants 200% below thefederal poverty level,[29] excluding at least 70% of residents.[30] Somecorporate partners, such asLegal Services Corporation, had tenants meet exclusionary criteria that was not delineated in TRTC law.[7]
Counsel is available at different points during the eviction process. Generally,counsel is provided during filing andhearings but may also be provided during the notice orappeals periods.[7]
In NYC,homeowners facingforeclosure also have the right to appointed counsel.[31][32]
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 inracist attitudes toward repeat evictees.[7] TRTC programs have often been seen as a tool in reducing gender and racial gaps in eviction rates.[35][36][15]
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]
Access to counsel may reducepsychological 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 ofsecurity."[33]
Some tenants'habitability concerns were addressed with representation that they otherwise could not afford.[7]
One study found a statistically significant correlation with TRTC and reduced adverse birth outcomes, such aslow birth weight andpremature births, among Medicaid recipients. The study suggested each year with TRTC could save up to $50 million in birth-related costs in NYC.[37]
