NYC is first place in country to provide right to counsel to tenants in housing court

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08/11/2017, Legislation, Housing - Evictions

Update: Intro 214-b is now law!

 

On July 20, 2017, Intro 214-b was approved by the City Council, and the Mayor signed the bill on August 11, 2017.  Read a piece in City and State New York from bill sponsor Mark Levine, or quotes from the NYC Council Progressive Caucus and City officials.  You can also see video clips of the City Council's vote and the celebratory event at the Interfaith Assembly on Homelessness's Facebook page

 

The bill's passage has been covered nationally by The NationSlateMother JonesBaltimore SunCityLabHousingWire, Vice, and Fast Company, and locally by the NY Daily News, Village VoiceNY 1, Gotham GazetteHarlem World,New York Amsterdam NewsNY Law Journal (subscription required), 6sqftTown & VillageDNA Info New York, GlobeStCurbed NY, and The Uptowner.

 

Update: Intro 214 will become law!

 

Read the NCCRC's press release, the release from the Right to Counsel Coalition of NYC, and Mayor de Blasio's State of the City Address.

 

On February 12, 2017, Mayor de Blasio announced that the City will be providing "universal access" to counsel for low-income people in housing court,  in effect enacting Intro 214-a.   A day later, In his State of the City address in February 2017, Mayor de Blasio explained:  

 

If you’re a hard working New Yorker, if you’re someone struggling to make ends meet, if you’re someone who needs legal help, you can’t afford it, and you make anywhere up to $50,000 a year for family of four, you will now be guaranteed a lawyer to go with you into housing court.   If you’re facing illegal eviction, you get a lawyer. If you’re facing illegal over charge of rent you get a lawyer. If you’re facing illegal harassment you get a lawyer. 

 

This will happen by increasing the City's eviction legal aid spending by $93 million, which will occur over 5 years.  In doing so, NYC will become the first jurisdiction in the country to provide a right to counsel in housing cases, making this an enormous step forward for the civil right to counsel movement.

The news has been covered by the NY TimesPolitico, Next City (Feb. 16), Next City (Feb. 21), the NY Daily News, the Gothamist, NY NewsdayMetro, City Limits, the NY Observer, Fox 5 NY, New York YIMBY, News 12 The Bronx (video), The Norwood News, The New York Amsterdam News, AM New YorkThe Real Deal, Greenline, the Law Professors Network Human Rights at Home Blog, and the Caribbean Life News.

 

You can also read press releases by NCCRC, The City of New YorkIntro 214-a sponsor Mark Levine, the Right to Counsel Coalition of NYC, the Bronx Borough President, and AARP New York.

 

UPDATE: Press Conference Displays Thousands of Postcards in Support of Intro 214-a

 

 

 

On December 13, 2016, the NYC Right to Counsel Coalition held a press conference at which over 7,000 postcards and a letter from almost 100 faith leaders calling for the passage of Intro 214-a were delivered to the Mayor and the NYC Council Speaker.  The press conference was covered by Metro New York and NY1 Noticias.

 

UPDATE: New York City Council Has First Hearing on Intro 214-a

 

The City Council hearing featured over 80 people testifying in support of the bill, including former Chief Judge Jonathan Lippman, various borough presidents, and the NYC Bar Association (the NCCRC submitted written testimony).  It was preceded by a press conference, pictured below.  The press conference and hearing were covered by the NY TimesVillage VoiceWall Street JournalNew York Law JournalWYNC, Metro New York, Gothamist, Huffington Post, and Above the Law.  A video of the hearing is now available.

 

Press conference 1   Hearing chamber

 

UPDATE: NY Times Editorial Board supports Intro 214-a

 

The NY Times Editorial Board has come out in support of a right to counsel in housing cases, and called on the City to enact Intro 214-a.

 

UPDATE: City's Office of Civil Justice Releases Report Supporting 214-A

 

The Office of Civil Justice, created by the City Council and Mayor de Blasio, released its first-ever annual report in August 2016.  It found that only about one percent of tenants in housing court facing eviction had lawyers in 2013, compared to 27 percent now.  In the same period that housing representation increased so dramatically, evictions handled by city marshals dropped 24 percent.  The NY Observer has more about the report and Mayor de Blasio's response, and a New York State real estate blog features responses to the report from various NYC government officials.

 

UPDATE: Public Hearing on Intro 214-a Draws Hundreds

 

On December 5, 2014, a coalition of NYC groups held an event called "Housing Justice: A Public Forum on New Yorkers' Right to Counsel in Eviction Proceedings", in support of Intro 214 (there is a video of the event).  

 

NYC right to counsel in housing Dec 5 2014 event 1

 

A large crowd listens after Chief Judge Lippman opened the event

 

Attended by hundreds of attorneys, advocates, New York City officials, judges, and community members, the event featured panels of city/county/state bar leaders, housing experts, right to counsel specialists, and affected community members.  The event was covered by media outlets Newsweek, Truthout, Capital New York, and The New York Observer.  On June 1, 2015, the Right to Counsel Coalition of NYC released an "Experts Report" containing much of the testimony from the Dec 5 event. 

 

NYC right to counsel in housing Dec 5 2014 event 2  NYC right to counsel in housing Dec 5 2014 event 3

 

A view from the back, and the press conference

 

Introduction to Intro 214/214-A

 

In 2014, New York City Council member Mark Levine filed a bill (Intro 214) that would guarantee a right to counsel for low-income individuals in eviction and foreclosure proceedings.  The bill was re-filed in 2015 (Intro 214-A) in order to raise the eligibility level to 200% of the poverty level.  The bill has a veto-proof majority of the City Council signed on to the bill, and is awaiting the scheduling of a hearing in 2016.

 

The Bill Gains Support and Public Awareness

 

Noting the incredible disparity in representation between landlords and tenants, the New York City Bar Association endorsed Intro 214 and urged the legislature to increase the eligiblity income cap from 125% of the federal poverty level to 200% (which happened when Intro 214-A was introduced).   You can read the full NYC Bar report in support of the legislation. 

 

While New York City Mayor de Blasio has increased funding substantially for eviction defense, a New York Times article described his intention to become more "aggressive" on homelessness by taking such actions as clearing homelessness encampments.  In response, NCCRC Coordinator John Pollock wrote a letter to the NY TImes urging Mayor de Blasio to rethink this approach and instead support Intro 214-A.  The letter pointed out that such a bill would be a more permanent, humane, and cost effective solution to the homelessness problem. 

 

Cost Estimates

 

The NYC Independent Budget Office released a report estimating the cost of providing a right to counsel as $100-200 million.  Although the report factored in millions of dollars in shelter savings, it failed to consider potentially substantial savings from other areas, such as jails/prisons, hospitals, and affordable housing construction.  The report was immediately critiqued by advocates, and the disagreement over costs was covered by both Newsweek and the New York Times, while two committees of the New York City Bar have supported the legislation and pointed to the likely cost savings.

 

In April 2016, an independent report commissioned by the New York City Bar Association concluded that rather than costing the City money, the bill would actually save $320 million annually through reducing shelter costs, avoiding the loss of affordable units, and preventing certain expenses (such as law enforcement and emergency medical care) associated with homelessness.  Bloomberg covered the release of the report.

 

Other Information

 

You can read more about the bill in our comprehensive bibliography, and check out a video of tenants discussing the issue.  You can also see a flyer with a description of the Dec 5 event's speakers and panels.  And you can check out the website of the NYC Right to Counsel Coalition.

Appointment of Counsel: categorical Qualified: no

 

Nccrc_involvement_icon NCCRC helped assemble the NYC coalition, spoke at the Dec 5 event, and worked on the SRR report.