New Orleans joins ranks of cities with tenant right to counsel
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
05/06/2022, Legislation, Housing - Evictions
In May 2022, the New Orleans City Council unanimously approved an ordinance (which was slightly amended) that provides counsel as a matter of right to all tenants (regardless of income) facing eviction or termination of a housing subsidy, as well as for any proceedings seeking injunctive relief related to an illegal eviction and some appeals. The Council had previously allocated $2 million in initial funding. According to a press release from the Louisiana Fair Housing Action Center, New Orleans is already seeing a rate of evictions that exceeds pre-pandemic levels.
NOLA dot com covered the passage.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel: categorical Qualified: yes
The NCCRC supported the effort through testimony and behind-the-scenes work.