Council considers free legal help for more tenants facing eviction

Tenants rights advocates rallied with city councilmembers Monday to support the expansion of the right to counsel law, which provides pro bono attorneys to low-income tenants facing eviction. Photo via the Right to Counsel Coalition.

By David Brand

Tenants’ rights advocates rallied at City Hall Monday to urge the Council to expand the “Right to Counsel” law, a measure that provides pro bono attorneys to low-income tenants facing eviction from apartments in certain New York City zip codes.

The law, enacted in 2017, provides free legal assistance to renters who earn less than 200 percent of the federal poverty line — about $50,000 for a family of four — in 25 New York City zip codes, including five in Queens. The city is gradually adding more zip codes to the list of qualifying addresses. A report published Monday by the nonprofit Community Service Society found that legal representation increased by 62 percent in the right-to-counsel zip codes while evictions dropped by 29 percent.

“The data is irrefutable — the historic Right to Counsel law the City Council fought for and passed in 2017 is a core reason why New Yorkers facing eviction are staying in their homes, off the streets, and out of the shelter system,” said Councilmember Mark Levine, who has sponsored a bill to increase the income threshold to 400 percent of the federal poverty line so that more people can access attorneys. 

After the rally, the Committee on the Justice System and the Committee on Housing and Buildings held a joint hearing on legislation that would raise the income threshold, expand right to counsel to housing cases outside Housing Court — such as Supreme Court Mitchell-Llama proceedings — and increase awareness of the initiative by partnering with community-based organizations.

“If tenants don’t know they have a right to counsel when facing eviction, they are more likely to not show up to Housing Court or make a deal with their landlord’s lawyer before learning that they have this right, which has happened,” said Lauren Springer, tenant leader with Catholic Migration Services in Queens. 

“Even before facing an eviction, we need tenants to know they have this right because this makes them more confident in fighting for repairs, fair treatment, and their other rights as tenants,” Springer said.

Queens residents living in zip codes 11373 (Elmhurst), 11385 (Ridgewood), 11433 (Jamaica), 11434 (Springfield Gardens, Rochdale) and 11691 (Far Rockaway, Edgemere) are currently eligible for free legal counsel in Housing Court holdover or nonpayment proceedings.

Both bills have been endorsed by the New York City Bar Association.

The legislation, said City Bar President Roger Juan Maldonado, “will ensure that all vulnerable tenants facing eviction will have the right to an attorney in their fight to keep their home while also providing them with the information needed to help them prevent potential eviction in the first place.”