Category: Problem Memos
Problem Memo: The Right to Counsel for New Yorkers Facing Eviction
To: Bill DeBlasio, Mayor, City of New York
From: Norrisa Noel
Subject: The Right to Counsel for New Yorkers Facing Eviction
Date: September 8, 2016
______________________________________________________________________________
PROBLEM MEMORANDUM
One of the effects of the ever-widening housing affordability gap in New York City is that more people are being forced out of their homes. A majority of tenants, when faced with eviction proceedings are not able to afford a lawyer, and this contributes to an inadequate defense, and in turn, homelessness. Arguably, the best way to solve any problem is to prevent it from becoming a problem in the first place. With the problem of homelessness, the City needs to address the causes and institute measures to prevent them. The Right to Counsel is currently not a guaranteed right, but one, through policy change, I believe, can be achieved and homelessness averted for many. If economic equity and affordable housing are priorities for this administration, then the inequity in housing court proceedings through lack of legal representation for tenants facing eviction cannot be ignored.
Homelessness in New York City has reached epidemic proportions. According to advocacy group, Coalition for the Homeless, coalitionforthehomeless.org, in April 2011, the number of homeless people in NYC shelters was approximately 39,000. Just 5 years later in April 2016, that number has increased to 60,000. Even though there is no accurate measure of the number of homeless people in the subways, streets and other public places, the greater visibility of homeless persons is a good indicator that that number would rise sharply if all homeless people were accounted for. Unfortunately, families with children comprise the majority of the city’s homeless population.
I applaud your recent policy recommendations with regard to the homeless, as being the most inclusive and evidence-based among recent administrations. However, while you have agreed to and subsequently proposed steps for rental assistance and more units of permanent housing for families, both of which are proven preventive measures, the issue of the right to counsel in housing courts is another provision I believe could curb the growing number of New Yorkers losing their homes. I am aware that there is funding for free legal services as outlined in your April 2016 press conference and you have expressed plans to increase these funding levels. But these proposals are not sufficient. Tenants facing eviction need to have qualified attorneys dedicated not only to tenants staying in their homes, but also that their housing is safe and affordable.
There have been numerous studies showing a positive correlation between legal representation and non-evictions.[i] In one study, tenants were evicted far less when they had legal representation, only 22%, as compared to 51% when they had none.[ii] Another advocacy group, Right to Counsel NYC, RightToCounselNYC.org, cites that in 2015, nearly 30,000 families were evicted in New York City and 37% of homeless people in shelters have admitted that eviction was the immediate cause of their homelessness and subsequent entry into the city’s shelter system.
Up to 90% of tenants facing eviction do not have legal representation; while conversely, 98% of landlords do have lawyers[iii]. Landlords are more familiar with the eviction process, and may exploit the knowledge that low-income tenants can barely afford to pay their rent, so it is unlikely they will be able to afford an attorney. When the tenant is evicted, often their only recourse is to go to a shelter, which puts more pressure on that already strained system.
A cost-benefit analysis of adopting a Right to Counsel shows that the City would experience a net savings of $320 million[iv]. This cost-savings could go into expanding the other homelessness prevention measures that this Administration has already identified.
When a vulnerable portion of our citizens, as low-income tenants are, are unable to access due process, the very fabric of our democracy is threatened. These tenants facing eviction are already in a state of diminished power in determining their fundamental need for shelter. The inequities in these proceedings need to be addressed, and in so doing, we will address the larger growing problem of homelessness in New York City.
As a concerned citizen, I want to actively participate in ending homelessness and welcome any feedback or recommendations on how I may be of use. I want to thank you for your commitment to ending economic disparities and making housing more affordable and accessible, and it is my sincere hope that you seriously consider The Right to Counsel as a necessary measure toward this goal.
[i] Scherer, Andrew (2006). Why People Who Face Losing Their Homes in Legal Proceedings Must Have a Right to Counsel,” 3 Cardozo Public Law, Policy and Ethics Journal 699
[ii] Abel, Laura K. (March, 2005) Make “You Have the Right to a Lawyer” a Reality in Housing Court, Tenant/Inquilino , 35, 3
[iii] Steinberg, J. K. (2015) Demand Side Reform in the Poor People’s Court. Connecticut Law Review, 47, 3.
[iv] The Financial Cost and Benefits of Establishing a Right to Counsel in Eviction Proceedings Under Intro 214-A March 16, 2016 Retrieved from: http://www2.nycbar.org/pdf/report/uploads/SRR_Report_Financial_Cost_and_Benefits_of_Establishing_a_Right_to_Counsel_in_Eviction_Proceedings.pdf