Tenant Right to Counsel

(17 cities, 2 counties, 5 states )

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Check out the NCCRC’s short video celebrating the victories and leaders of the tenant right to counsel movement.
In 2022, we celebrated the gains of the movement and reflected back on lessons learned!

 

Tenant RTC helps shift the representation disparity. Tenant RTC has a direct impact on the current representation disparity between tenants and landlords, by steadily increasing the rate of representation of tenants. We have analyzed eviction data from around the country and documented the legal representation disparity between tenants and landlords.

RESOURCE: Eviction representation statistics


 

Tenant RTC works. Research into the impact of tenant representation in eviction cases shows that it works. Tenants remain in their homes more often, pay less in costs, and if they have to vacate, they get to do so with a bit more time and more money to find another place to live. Tenant RTC is new, but as it’s being implemented the same holds true – tenant representation works.

RESOURCE: Data from enacted RTC programs

Universal Access to Legal Services: A Report on Year Six of Implementation in NYC (2023)


 

Tenant RTC changes systems. In April 2024, we held a webinar about the impacts of a tenant’s right to counsel “beyond the courtroom”. We heard from leaders in San Francisco, Connecticut, and New York about how tenant RTC has empowered tenants in their jurisdictions to engage in organizing and rent strikes, as well as speak up to enforce their existing housing rights, by reducing the fear of retaliation, improves the behavior of systems actors like landlords and judges, leads to broader law reform by identifying systemic flaws, and improves the coordination and efficacy of legal services organizations.

RESOURCE: “Beyond the Courtroom” webinar recording


Tenant RTC helps advance race equity. So long as evictions exist, tenant RTC must be advanced and put in place to ensure that anyone who wants an attorney and is facing a case as critical as eviction has an attorney. The eviction crisis is not experienced the same way by all tenants. Black women with children are facing the brunt of this crisis, and doing so without legal representation. Tenant RTC helps to redress that lack of representation.

RESOURCE: Building Support for a Civil Right to Counsel by Anchoring Your Case in Racial Justice: A Playbook for Justice Seekers Everywhere (TheCaseMade, NCCRC, and NYLS Wilf Impact Center for Public Interest Law, 2024)

ADDITIONAL RESOURCES

A Comprehensive Demographic Profile of the US Evicted Population (2023)


Tenant RTC helps advance health equity. Evictions, and even the threat of evictions, can have a profound effect on both mental and physical health. And if tenants experience homelessness, these effects are significantly magnified.

 

RESOURCES:

 

NCCRC Tracking

Tenant RTC Enacted Laws Matrix: The NCCRC’s comprehensive analysis of all tenant RTC laws.

To track pending state legislation, please visit our interactive map!

Additional Trackers

State and Local Tenant Protections Database (NLIHC, contains all laws since 2021)

Local Eviction Prevention Policy and Program Tool (National League of Cities, contains only city-level data)

Eviction Laws Database (LSC, only tracks state-level tenant RTC laws in effect as of Jan 1, 2021 (at that point, no state had yet enacted tenant RTC)

Multifamily White Paper Surveys Statewide Tenant Protections (Freddie Mac)

 

For many years, it was reported that only 10% of tenants, compared to 90% of landlords, were represented in eviction cases. We conducted an analysis of available tenant and landlord representation reports from several dozen jurisdictions. Our data on landlord/tenant representation statistics puts the tenant representation figure at a mere 4% and the landlord representation rate at 83%.

 

The data from tenant RTC programs shows that RTC helps tenants avoid eviction and involuntary moves while promoting long-term housing stability:

Boulder

63% of represented cases avoided eviction, a 26% increase from pre-RTC implementation. Read the 2021 annual report for more!

Cleveland

Of the 89% of RTC clients who had the goal of preventing an eviction or involuntary move, that goal was met 81% of the time. Read the 2024 evaluation for more!

Connecticut

Of the 80% of RTC clients who sought to prevent an involuntary move, that goal was met 64% of the time (between Jan. 2022 and Nov. 2023). Read the 2023 evaluation for more!

Kansas City, MO

86% of represented tenants stayed housed and had no eviction record. Read the 2023 report for more!

New York City

84% of represented tenants were able to remain in their homes. Read the 2023 evaluation for more!

Philadelphia, PA

Represented tenants were less likely to be locked out (15% compared to 27%) and more likely to have a case withdrawn (22% compared to 29%). Read the 2023 evaluation for more!

San Francisco, CA

92% of tenants assisted by the RTC avoided homelessness, and 63% of those receiving full representation could stay in their homes. Read the 2024 update for more!

Washington State

In more than 50% of closed cases with known results, tenants remained in their homes. Read the 2022 report for more!


Even prior to any jurisdiction enacting tenant RTC, studies repeatedly showed tenant representation improves case outcomes:

California
A 2011 study found that fully represented tenants stayed in their units three times as often as those receiving limited or no legal assistance.  When tenants had to move, fully represented tenants were given twice as long to do so.

Denver, CO
2017 study (pre-RTC) found that represented tenants remained in their homes 70-100% of the time, compared to 32% of unrepresented tenants.

Hennepin County, MN
A 2018 study found that represented tenants were twice as likely to stay in their homes, received twice as long to move if
 necessary, and were four times less likely to use a homeless shelter than those without counsel.  78% of represented tenants left with a clean eviction record, compared to 6% of unrepresented tenants.

Los Angeles, CA
A 2023 report found “…of the 715 closed full-scope legal cases, 632 cases (88%) resulted in positive outcomes for the households through staying in their homes, receiving time and money to move out, or getting a waiver of back rent.”

Oklahoma
research brief found tenant legal representation increased the odds of unit retention for tenants by 75%.

Massachusetts
In a COVID-19 eviction legal help project providing full representation to low-income tenants, 90% of cases resulted in positive outcomes, with 70% of tenants remaining in their homes and 20% of tenants having more time to find a place to live.

 

In general. Stout, a financial analysis company, has produced many detailed tenant RTC reports that consistently estimate a tenant RTC would lead to more than 90% of tenants avoiding disruptive displacement.


Tenant representation helps cities and states save money in the long-term.

Stout Eviction RTC Evaluations and Cost-Benefit Studies.
Stout, a financial analysis company, has done several studies estimating the costs and benefits of providing a tenant RTC. Every report has found that cities and states will save far more than they spend to provide such a right due to avoided costs around shelters, health care, foster care, and other social safety net services.

Investing in Fairness, Justice, and Housing Stability: Assessing the Benefits of Full Legal Representation In Eviction Cases in MA.
This 2020 report concluded that “full legal representation in eviction cases would cost the Commonwealth $26.29 million, while the cost savings associated with such representation are estimated to be $63.02 million.”

Home4Good Social Return on Investment of Eviction Prevention. This 2020 study in Delaware found that “[d]uring 2019, over $2.5 million in income, health, or housing benefits resulted from preventing evictions in Delaware.”

Los Angeles Housing Department Report Back on the Establishment of a Right-to-Counsel Program for Low-income Tenants Facing Eviction. “The reported economic benefits of the closed full-scope cases indicate that the societal gains of this program over a one-year period range from $8,120,941 in short-term benefits (court fee waivers, waived back rent, and relocation assistance) to $4,614,565 in long-term economic benefits (the savings to the tenant over three years due to not moving, calculated as the difference between the tenant’s rent and the Fair Market Rent over 36 months, plus $2,000 in relocation expenses).” (Note: LA City and County have not yet enacted tenant RTC but are working on it).

As shown in our enacted tenant RTC law matrix, Cities and states generally pay for tenant RTC programs through general revenue. Other funding examples include:

  • Bridge funding. Cleveland used $3 million in United Way funding
  • A rental excise tax. Boulder’s tenant RTC program is funded through a rental excise tax.
  • Developer fees. Jersey City funds its tenant RTC in part through developer fees.
  • Other sources. Baltimore’s tenant RTC is partially funded through $500k from the Sheriff’s budget, and Maryland’s statewide program is partially funded through appropriations from the abandoned property fund.

The NCCRC’s Federal Funding Tracker. Our tracker includes a table explaining how federal funding sources work, a webinar featuring jurisdictions discussing how they accessed federal funding for tenant RTC or representation expansion, and a list of jurisdictions that have made such a federal funding commitment. The US Department of the Treasury (alongside HUD and the Attorney General’s Office) has urged jurisdictions to use this funding to support tenant RTC programs.  It is also worth noting that Congress appropriated funding to HUD over the last four years for tenant representation.

In 2022, the NCCRC and the National League of Cities hosted a virtual event called “Expanding Access to Legal Representation: Right to Counsel & Eviction Prevention,” which covered how cities can leverage available federal funding to expand tenant representation. (Recording).

Though most tenant RTC programs are enacted through legislation, a number of existing tenant RTC policies were established via ballot initiative. In 2022-2023, the NCCRC and PolicyLink partnered on the Housing Justice on the Ballot: Initiative Guide. This guide is intended for tenant organizers, housing advocates, legal advocates, and anyone interested in bringing housing justice to life by advancing renter protections on the ballot.

PolicyLink developed a dynamic three-part “Housing Justice on the Ballot” webinar series connected to the guide:

  • Policy Pathways for Just Housing Futures (Recording | Slides)
  • The Critical Leadership of Tenant Organizers & Grassroots Organizations (Recording | Slides)
  • Growing the Movement Through Electoral Wins (A Deep Dive) (Recording | Slides) (This webinar discusses the Initiative Guide).

Historically, the legal community (i.e., legal services organizations, private bar associations, law firms, pro bono organizations, nonprofits, access to justice commissions, and legal academics) has driven the movement for a civil right to counsel. However, efforts to establish a tenant RTC have been achieved in places like New York CitySan Francisco, and Newark largely through the efforts of community-based tenant organizing groups.  When tenant RTC campaigns are centered upon such groups, the achievement of tenant RTC helps increase fairness in the judicial system and transform the power differential between tenants and landlords.

The Right to Counsel NYC Coalition (RTCNYC Coalition) is a tenant organizing powerhouse that led the efforts to establish the nation’s first tenant RTC. They have produced a variety of organizing materials, including:

Tenant RTC Toolkit
An essential resource for tenant organizers interested in tenant RTC.

Organizing is Different Now!
A report on how the eviction right to counsel has strengthened the tenant movement in NYC

Tenant RTC Campaign Map
A map with information about active tenant RTC campaigns around the country.

Tenant RTC Organizing Convening
A convening of organizers led to a list of shared principles for legislation.

Our Rights! Our Power! A documentary on how RTCNYC achieved the right to counsel in NYC.

Winning RTC in Eviction Cases: Tenant Organizing and the Role of Lawyers
Webinar co-developed by the NCCRC and RTCNYC. (Slides: RTCNYC / NCCRC).

 

Courts

CA Supreme Court Work Group on Homelessness’ report (2021). “Recommendation 1.1. Encourage and support legislative efforts to create and fund a statewide program that provides full-scope legal representation in residential unlawful detainer proceedings for all litigants who are unable to afford counsel.”

NY Chief Judge’s Hearing on Civil Legal Services hearing transcript (2018). Judge Schneider, City-wide Supervising Judge, New York City Housing Court. “In every one of our courts, there are scores and scores of new lawyers representing tenants in every borough, and those lawyers are taking fairness into the hallways. They are in the hallways working on their own cases, but they pay attention to what’s going on around them and they have brought forcefully to the Court’s attention instance after instance of inappropriate behavior that they have witnessed or have been a part of inappropriate patterns of behavior in the hallway.” There is a Law.com article about the hearing (a subscription may be required).

Federal Government

Associate Attorney General Vanita Gupta Delivers Remarks to the Maryland State Bar Association Access to Justice Commission (March 2022). “I hope states and localities across the country will follow your lead in securing a right to counsel for tenants.”

Joint press release from U.S. Treasury, HUD, and Attorney General (Aug. 2021). “Tenants are more likely to avoid eviction and remain stably housed when they have access to legal representation. Legal counsel can also aid in the successful completion of ERA applications. We encourage state and local governments to use ERA and Fiscal Recovery Funds to launch right to counsel programs and invest in court navigators and diversion programs.

The White House Blueprint for a Renters Bill of Rights (Jan. 2023, p. 16). Renters should be able to access resources that help them avoid eviction, ensure the legal process during an eviction proceeding is fair, and avoid future housing instability…If an eviction is filed, tenants should be given 30 days’ notice of an eviction action and the right to counsel during an eviction proceeding.”

White House Fact Sheet on Building Lasting Eviction Prevention Reform (Aug. 2022)(Discusses the impact of tenant RTC).

The Federal Reserve has also shown interest and support for tenant RTC. FedCommunities and the Federal Reserve Bank of Kansas City highlighted tenant RTC as an effective policy.

Real Estate Industry

Joint MLRI and WinnCompanies opinion piece (2023). “Attorney General Andrea Campbell and more than 240 organizations, including WinnCompanies and Beacon Communities who, combined, manage 27,000 apartments, are all advocating for a statewide access to counsel program in Massachusetts that can make a huge difference in people’s lives. Attorneys for tenants can help families reach workable, fair results that can keep them housed. As the Commonwealth faces one of the most challenging housing crises in our history, Access to Counsel is a critical part of a comprehensive response.”

Real Estate Board of NY’s testimony in support of NY State Tenant RTC bill (2020). “REBNY supports expanding the right to counsel program. Regardless of why a tenant is in Housing Court, having equal access to legal representation is important…It is wholly appropriate and laudable for the City Council to level the playing field against these bad actors and ensure equal representation in court.”

2021 letter from MA real estate companies and property owners supporting tenant RTC. “We urge you to seize this opportunity to invest in long-term housing stability reform through a statewide right to counsel.”

Interview with Multifamily NW in Portland Mercury (2022) (Multifamily NW is a business association representing rental housing providers in Oregon). “If a renter needs assistance to help understand their rights, they should have access to qualified representation.”

2023 letter from MA real estate companies and property owners supporting tenant RTC. “Legal help and access to the right resources at the right time can prevent families from homelessness, prevent illegal or unnecessary evictions, prevent displacement, and create a path to housing stability that will strengthen all of our communities for the future…We urge you to seize this opportunity to invest in long-term housing stability reform by starting to fund and phase in a statewide access to counsel program in your FY24 budget.”

United Way offices in Cleveland and Milwaukee are supportive of tenant RTC and helping to stand up the tenant RTC or tenant representation expansion programs.

Legal Services Corporation

Leveling the Playing Field: The Importance of the Right to Counsel in Eviction Proceedings (2021). “Research consistently demonstrates that providing tenants with legal representation in eviction cases is beneficial across several metrics, including increased access to justice, improved court processing, and a positive return on investment.” LSC President Ronald Flagg also wrote an opinion piece in the Houston Chronicle in 2021, supporting tenant RTC (subscription may be required).

National League of Cities

The NCCRC’s Coordinator, John Pollock, published Using Right to Counsel as an Eviction Diversion Strategy for the National League of Cities blog. (2021). “A right to counsel for tenants facing eviction is effective, ensures the use and enforcement of other interventions such as rent assistance and eviction moratoria, and addresses starkly uneven power dynamics and longstanding racial disparities.


National Advocacy Group Support for Tenant RTC

Policy Documents Supporting Tenant RTC

Prior to and during COVID-19, many national housing policy organizations have included a right to counsel for tenants facing eviction as part of their recommended housing platforms.  These include:

Additionally, many such organizations have started to make specific asks of the Biden Administration that include right to counsel for tenants facing eviction: