First in the Nation Right to Counsel Law for Low-Income Tenants in NYC
New York City Mayor Bill de Blasio signed into law on Aug. 11 a Right to Counsel in Housing Court bill that had overwhelmingly been passed by the New York City Council. The law is the first of its kind in the United States and provides free legal representation for individuals and families who are defendants in eviction proceedings in Housing Court or respondents in administrative proceedings before the New York City Housing Authority seeking termination of a tenancy and possession of the rental dwelling unit.
September 05, 2017 at 02:00 PM
8 minute read
New York City Mayor Bill de Blasio signed into law on Aug. 11, 2017 a Right to Counsel in Housing Court bill that had overwhelmingly been passed by the New York City Council (Intro 214-B). The law is the first of its kind in the United States and provides free legal representation for individuals and families who are defendants in eviction proceedings in Housing Court or respondents in administrative proceedings before the New York City Housing Authority (NYCHA) seeking termination of a tenancy and possession of the rental dwelling unit. Mayor de Blasio stated that the law is intended to make sure that families do not end up in shelters when they could be staying in their homes. Homelessness has increased in NYC in recent years.
The law will provide full legal representation for all individuals and families with income under 200 percent of the federal poverty level—about $48,000 for a family of four. Such full legal representation includes ongoing advice, advocacy, including appearing in Housing Court or administrative proceedings on behalf of the tenant, and other assistance associated with such representation. Tenants with income that exceeds 200 percent of the federal poverty level will be eligible to receive “brief legal assistance,” defined as individualized legal assistance provided in a single consultation. All legal services will be provided by not-for-profit organizations that have the capacity to provide such legal services and are designated by the Coordinator.
Specifically, the law requires the Civil Justice Coordinator of the NYC Office of Civil Justice to establish programs that provide all tenants facing eviction in Housing Court with access to legal services within five years, i.e., no later than July 31, 2022. By Oct. 1, 2017, the coordinator also is required to establish a program that provides legal services to all tenants of buildings operated by the NYCHA in administrative proceedings for the purpose of terminating their tenancies. Access to such legal services also must be provided by July 31, 2022.
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