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Tenant right to counsel

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Tenant right to counsel (TRTC) guarantees that eligible tenants will be provided legal representation, especially when tenants face eviction. In the United States, without a right to counsel, tenants are represented by lawyers around 3% of the time on average, whereas landlords have legal representation in 84% of cases.[1][2] TRTC is viewed as a form of homelessness prevention,[3] but eviction potentially implicates a number of other basic human needs, such as child custody, education, employment, and physical/mental health. [4] 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.[5][6][7]

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Housing
Types

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Issues
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US state legislation on tenant right to counsel (NOTE: does not indicate cities with tenant right to counsel)[8]
  No statewide TRTC
  Some statewide TRTC passed

Around the world

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United Kingdom

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On 1 August 2023, the Housing Loss Prevention Advice Service launched in England and Wales,[9] 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.[10] The program was expected to assist 38,000 people per year.[6]

United States

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See also: Tenants union § Legal Protection

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,[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 17 cities as of September 2024,[3] including San Francisco, Kansas City,[5] and Philadelphia.[4]

TRTC is a common goal for tenants 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.

Impact

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

  • In New York City, 84% of represented tenants stayed in their homes;
  • In Maryland, 76% of tenant households provided full representation avoided disruptive displacement, and tenants received more than $415,000 in housing judgments and avoided more than $4.5 million in direct costs
  • In Kansas City, 86% of represented tenants stayed in their units with no eviction record.[17]

Some jurisdictions saw a reduction in racist attitudes toward repeat evictees.[18] TRTC programs have often been seen as a tool in reducing gender and racial gaps in eviction rates.[19][20][15]

Funding

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Tenant right to counsel programs require adequate and consistent funding. Improper funding has lead to case overload, development of triage systems, burnout from participating lawyers, and difficulty in hiring lawyers due to job insecurity.[18]

An independent report from Stout found Oklahoma County and Tulsa County benefitted $6.3 million from a pilot program between 2022 and 2024,[21][22] estimating a return on investment (ROI) of $4.21 for every dollar invested into the program.[21] The Boston Bar estimated in 2020 a statewide TRTC program would result in an ROI of $2.40.[23] 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.[24][25]

See also

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References

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  1. ^ a b Ludden, Jennifer. "More renters facing eviction have a right to a lawyer. Finding one can be hard". NPR.
  2. ^ "Eviction representation statistics for landlords and tenants absent special intervention" (PDF). National Coalition for a Civil Right to Counsel.
  3. ^ a b Phillips, Kynala (April 13, 2023). "Kansas City wants to prevent homelessness by cutting evictions. Is it working?". Kansas City Star.
  4. ^ a b Pollock, John (2024). "Right to Counsel for Tenants Facing Eviction: Justification, History, and Future". Fordham Urban Law Journal.
  5. ^ a b "Eviction Protection Grant Program | HUD USER". huduser.gov. Retrieved 2024-09-24.
  6. ^ a b "Right to Counsel". nyc.gov. Retrieved 2024-09-24.
  7. ^ "Tenant Right to Counsel - Representation Impact and Cost/Benefit Data". National Coalition for a Civil Right to Counsel. Retrieved 2024-11-24.
  8. ^ "The Right to Counsel for Tenants Facing Eviction: Enacted Legislation" (PDF). National Coalition for a Civil Right to Counsel.
  9. ^ "New free legal advice for people facing eviction or repossession". GOV.UK. Retrieved 2024-09-24.
  10. ^ "Legal aid for possession proceedings". GOV.UK. 2023-08-30. Retrieved 2024-09-24.
  11. ^ "Civil Right to Counsel". American Bar Association.
  12. ^ "About Civil Right to Counsel". NCCRC.
  13. ^ 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).
  14. ^ Carroll, Bryanna (2024-06-17). "Bozeman tenant union works to establish right to counsel". KECI. Retrieved 2024-09-24.
  15. ^ a b "Lawrence Tenants advocate for Douglas County ordinance for tenant right to counsel". The Lawrence Times. 2025-06-01. Retrieved 2025-06-30.
  16. ^ "North Carolina now has a statewide tenants union". WUNC. 2024-04-02. Retrieved 2024-09-24.
  17. ^ "Tenant Right to Counsel - Representation Impact and Cost/Benefit Data". civilrighttocounsel.org. Retrieved 2024-11-24.
  18. ^ a b 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.
  19. ^ 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.
  20. ^ 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.
  21. ^ a b "Stout's Independent Evaluation of Oklahoma County and Tulsa County Eviction Right to Counsel Pilot Programs – Key Findings" (PDF). November 25, 2024.
  22. ^ Warlick, Heather. "Without state law to help, advocates aim to provide legal help for Oklahomans facing eviction". The Oklahoman. Retrieved 2025-06-30.
  23. ^ 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.
  24. ^ Monk, Ginny (2025-01-15). "CT 'right to counsel' helped thousands stay housed; saved $36M". Connecticut Mirror. Retrieved 2025-07-01.
  25. ^ "All about Connecticut's eviction right to counsel". Retrieved 2025-07-01.
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