Westchester County NY is first county with tenant right to counsel

08/25/2025 , New York , Legislation , Housing - Evictions

A 2023 study by the Westchester Children’s Association found that providing tenants with representation dropped the eviction rate by almost two-thirds.   The same year, Westchester County NY became the first county, and 19th jurisdiction, to provide a right to counsel for tenants in a variety of scenarios.  The legislation, adopted unanimously by the County’s Board of Legislators, covers court evictions, rent increases that fail to comply with state law, public housing or rent subsidy hearings, and “restoration and/or maintenance of essential services, the deprivation of which has caused or may cause the client to vacate the residential rental premises.”  The legislation creates an Office of Housing Counsel and requires that all tenants at 300% or below of the federal poverty level receive full representation as soon as practicable (those over income are entitled to brief legal assistance).  Check out the County’s press release, as well as coverage in Lohud.

In 2025, Lohud reported that the program finally launched with $4 million in funding, and that “The first $4 million allocation is being shared among Legal Services of the Hudson Valley, Human Development Services of Westchester, Hudson Valley Justice Center, Law Office of Tracy Forrest, Community Housing Innovations, Community Resource Center, CLUSTER, Westchester Residential Opportunities, Mount Vernon United Tenants and Human Development Services of Westchester.”


We provided support to the advocates pursuing this policy and submitted supportive testimony.

Appointment of Counsel: Yes
Qualified: Yes
? 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.