Eviction 'Right To Counsel' Poised To Kick In Citywide

NEW YORK CITY — Tenants citywide soon could have access to an attorney if they're facing eviction in New York City's housing court.

City Council members last week passed bills that speed up a "right to counsel" program amid a potential wave of evictions from the coronavirus pandemic.

The program will become available citywide as soon as Mayor Bill de Blasio signs the bill, which he's expected to soon.

"That’s the law we passed last Thursday and we’re waiting signature from the mayor,” Council Member Mark Levine said.

Right to counsel legislation actually passed in 2017, making New York City the first place in the nation to guarantee legal representation for low-income tenants facing eviction.

But the program had been designed to phase in over five years and most city ZIP Codes still haven't been covered — a problem for tenants facing eviction during the pandemic.

The potential housing pinch prompted Levine and Council Member Vanessa Gibson to introduce bills to expand the program citywide and also conduct outreach to communities.

"We do want tenants to know now that they have this right,” Levine said.

Legal aid nonprofits provide attorneys for the program. In places where it's been offered, the attorneys have prevented eviction in 84 percent of cases, Levine said.

Many, if not most, tenants facing eviction in housing court qualify for the program. The current income threshold is 200 percent of poverty, but Levine said tenants outside that should still ask attorneys for help.

State lawmakers recently extended a residential and commercial eviction moratorium until August 31. But that many tenants are still at risk of falling through the cracks because their hardship is related to the coronavirus pandemic.

"They are not protected in every case and there are evictions that are moving through the housing court system already,” Levine said.

More information on the current right to counsel program can be found here.