Since pandemic eviction moratoriums and other tenant predictions have lapsed, eviction rates have risen to nearly pre-pandemic levels.  Meanwhile, some states and cities have in place "Right to Counsel" laws, guaranteeing legal representation in court to those facing eviction.  

We hear from Caroyln Headlam, organizer with the Ithaca Tenants Union in upstate New York, and Lauren Springer, tenant leader with Catholic Migration Services, as well as a member of the Steering Committee of the Right to Counsel New York City Coalition, about what they're seeing in housing courts in their areas.

Then, we speak with Marika Dias, Managing Director at the Safety Net Project of the Urban Justice Center in New York City and Ora Prochovnick, Director of Litigation & Policy at the Eviction Defense Collaborative in San Francisco, about the importance of Right to Counsel rights for tenants who are facing eviction.

Full Rent Stabilization Association statement:

After forecasting an eviction tsunami that never materialized, the advocates are at it again – with legal services providers warning that tenants will have to represent themselves because of a shortage of public defenders. The facts tell a different story. Housing Court continues to operate in a limited capacity, with a hybrid of virtual and in-person appearances. Most housing courtrooms are hearing only 25-40 cases per day virtually, compared to about 45-60 pre-pandemic," said Joseph Strasburg, president of the Rent Stabilization Association, which represents 25,000 diverse owners and managers of more than one million apartments that house over 2.5 million New Yorkers in neighborhoods throughout the five boroughs.

"Not all of the pending eviction cases are eligible for free legal services because not all tenants fall at or below 200% of the poverty level ($23,000 annual income for an individual, and $49,000 for a four-person household), and it is still not known how many of these cases will ultimately be discontinued based on tenants having received rental assistance or having otherwise paid the rent," Strasburg continued.  

"With Housing Court operating on limited calendars and public defenders representing a fraction of the existing cases – coupled with the state's Emergency Rental Assistance Program having stayed eviction for tens of thousands of tenants – why are legal services providers failing to meet their contractual obligation with the City of New York in delivering taxpayer-funded, right-to-counsel services to needy families? Are they manufacturing this crisis to cover up their failures and clog court calendars? Or worse, further delaying proceedings that would enable tenants and owners to resolve problems, and connect families to government-funded rent assistance programs that keep them in their homes and provide owners with the rent-arrears needed to maintain their buildings and pay city property taxes?" Strasburg further stated.

"Property owners have been prevented from fully asserting their rights in court for over two years. If legal services providers cannot meet their contractual obligation with New York City and provide these legal services to qualifying tenants, then New York City should reallocate funds and hire private counsel to alleviate the burden from legal services providers and ensure that New York's most financially distressed tenants have representation in court. For decades, the Assigned Counsel Plan – also referred to as 18B Panel attorneys – has provided legal services to indigent persons throughout the city by compensating private attorneys in criminal and family law matters. If legal services providers insist that they are unable to provide the free legal services New York City is paying them to provide, there is no reason why an 18B Panel could not be established for landlord-tenant matters. This would ensure that cases in Housing Court start moving again, while also ensuring that those tenants who qualify get the legal representation as required by law," Strasburg said.