Effective Prevention of Homelessness Despite No Right to Counsel

In the face of overwhelming evidence that having a lawyer when a tenant is facing eviction evens the playing field for tenants, Mayor DeBlasio is not ready to endorse a human right to counsel in these circumstances.

In January, the Mayor announced a program to supply lawyers to those being evicted.  At the time, Mayor DeBlasio said:   "Providing legal assistance through the Office of Civil Justice is not just effective and efficient, it's the right thing to do to ensure equal justice for all New Yorkers."  Several boroughs' community boards have supported the right to counsel in eviction proceedings but the Mayor is not ready to take that leap, despite the overwhelming success of his program to provide counsel.  The tenant representation rate is now 27% compared with 1% in 2013.  The Mayor acknowledged huge savings by city in not having to provide shelter to the homeless families who can avoid eviction through the help of legal counsel.

Hope is in the air, however.  One headline reported that "More New Yorkers Facing Eviction Have Lawyers, But No Right To Counsel Yet."  The "yet" is hopeful.  Whether or not the right to counsel is formally endorsed, NYC is stepping forward to provide counsel in housing court evictions.  Given widespread support for the program, the right to counsel might quietly be endorsed without fanfare.  Time will take care of the formal acknowledgement of the right.