Right to Counsel in New York City. Fighting Homelessness by Leveling the Playing Field in Housing Court

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1 Right to Counsel in New York City Fighting Homelessness by Leveling the Playing Field in Housing Court

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3 Once people have a right, it is very hard to take a right away. Making it a right will make an enormous difference. Andrew Scherer, Policy Director Impact Center for Public Interest Law New York Law School

4 Landlords had been abusing the housing court system suing their tenants and threatening eviction as another means of harassment Tenants, unfamiliar with the complicated court process, would miss deadlines or filings, causing setbacks or outright losses Why Did NYC Need Right to Counsel Legislation?

5 With nearly 60,000 homeless New Yorkers, our city is experiencing a homelessness crisis NYC is simultaneously experiencing an eviction crisis (29,000 annually in 2016); significant number of families who are evicted will become homeless The best solution to homelessness is to prevent it from happening Why Did NYC Need Right to Counsel Legislation?

6 The reality is that right to counsel is a racial justice issue. The majority of people that get evicted from our system s courts are people of color, said Susanna Blankley, Coordinator of the Right to Counsel Coalition (formerly Director of CASA Bronx). Right to counsel can stop making people homeless, it can stop making people poor.

7 Although New York City and State have strong tenant protections, most New Yorkers do not know their rights. About 97% of cases in housing court are initiated by landlords and almost all landlords have representation while the vast majority of tenants don t. Tenants with an attorney win their case 90% of the time. Why is counsel important in housing court?

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9 Legal representation for the poor is as important as schools, hospitals, said Former New York State Chief Justice Jonathan Lippmann. We have to change people s viewpoint about the importance of legal services to preserving the fundamentals of life.

10 2014 Int. 214, the Right to Counsel Legislation, introduced Council Members Mark Levine and Vanessa L. Gibson 2015 The City Council passes a bill to create the Office of Civil Justice Coordinator, designed to assist those in need of civil legal services. A Brief History of Int. 214-B

11 2016 Incremental investments made by the Mayor and Council begin to pay off. The number of tenants represented in housing court jumps from 1% to 27% & the City s eviction rate drops by 24% 2017 The Right to Counsel legislation is signed into law! A Brief History of Int. 214-B

12 Providing legal services and rental assistance is much less expensive than the cost of a homeless shelter, Steven Banks, commissioner of the New York City Human Resources Administration. And of course, no price can be put on averting the human costs of homelessness.

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14 The total price of Right to Counsel implementation in NYC ($200 million) is nothing compared to the costs the city will save over time It costs $2,500 to provide a tenant with an attorney, but $45,000 to care for a family in shelter for 1 year Why Right to Council Makes Good Fiscal Sense

15 New York s Independent Budget Office estimated NYC would save $143 million a year in shelter costs shared by the city, state and federal governments By preventing evictions, the City would also be preserving affordable housing stock Why Right to Council Makes Good Fiscal Sense

16 Requires the Civil Justice Coordinator to establish programs to provide all tenants facing eviction with access to legal services within five years. Low-income individuals with eviction cases in housing court have access to full legal representation while all others would receive brief legal assistance. What Does the Legislation Do?

17 The Coordinator was also tasked with establishing and implementing a program to provide legal services to all NYCHA tenants in administrative proceedings to terminate their tenancy. Each year, the Coordinator will hold public hearings and issue reports on the progress and effectiveness of the programs, as well as the amount of funding needed to continue its implementation What Does the Legislation Do?

18 Tenants have a right to an attorney in housing court! Implemented by zip codes over the next 5 years--fully implemented by 2022 Zip codes are based on evictions, rent stabilized units and shelter entry Right to Counsel Today

19 Over income tenants will have the right to a free consultation NYCHA cases outside of housing court will be covered Right to Counsel Today

20 Year 1 Caseload Bronx: 18,000 cases filed. 1 case for every 4 tenants Manhattan: 7,000 cases filed. 1 case for every 8 tenants Queens: 5,000 cases filed. 1 case for every 17 tenants. Staten Island: 1,200 cases filed. 1 case for every 14 tenants. Brooklyn: 9,000 cases filed. 1 case for every 7 tenants. RTC Caseload in Year 1

21 Conduct comprehensive tenant outreach and education Combat landlord Harassment Monitor implementation and rollout Train new lawyers and develop a pipeline for new anti-eviction attorneys The Work Ahead

22 New Settlement's Community Action for Safe Apartments * Housing Court Answers * NYC Central Labor Council * The Community Development Project at The Urban Justice Center * LiveOn NY * Coalition for the Homeless * New York Legal Assistance Group * Legal Services-NYC * The Legal Aid Society * MFY Legal Services * Lenox Hill Neighborhood House * Goddard Riverside Law Project * Bronx Defenders * Interfaith Assembly on Homelessness and Housing * Banana Kelly CIA * Catholic Migration Services * Neighborhood Defender Service of Harlem * AARP * Northwest Bronx Community and Clergy Coalition (NWBCCC) * and many, many, more! Thanks to our many partners!

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