Legal aid program for low-income tenants facing eviction needs $351 million, attorneys say

Evictions are on the rise and there isn’t enough money to provide low-income tenants with the legal help they’re entitled to under New York City’s right to counsel. That's according to NYC’s legal services groups, who say the answer is to increase funding by $351 million. 

Right to counsel refers to the legal right for tenants earning income at or below 200 percent of the poverty line to have a lawyer represent them in housing court when they face eviction. This is about $29,000 for an individual and the program was expanded citywide during the pandemic. 

Since the eviction moratorium ended last year, more than 100,000 tenants have been served with eviction notices by their landlords. At least 10,000 tenants have gone to housing court without legal representation because right to counsel providers are understaffed and underpaid, legal service groups say.

A funding gap and staff shortages

The Legal Aid Society is among the providers saying $461 million is needed to fund the program and they are $351 million short under the current budget.

“Rents across New York City continue to rise, and eviction filings are nearing pre-pandemic levels, displacing families from their homes and communities,” said Adriene Holder, chief attorney of the civil practice at The Legal Aid Society. “Now more than ever, low-income New Yorkers mired in eviction need access to an attorney,” she says.

Randy Dillard, a member of the Right to Counsel NYC Coalition, says the right to counsel program is in crisis. In addition to extra funds, providers also want the city's contracting process to get an overhaul. They say they're often forced to take out loans to compensate for late payments from the city.

Requests for more funding clash with efforts by Mayor Eric Adams to reduce costs by cutting city services for the coming year. The City Council responded to the mayor's preliminary budget by stating in a written response that $195 million should be given to legal service providers "with the understanding that this is a fraction of the need and will not produce increased capacity to take on more housing cases."

The legal providers say the funds they're requesting would allow attorneys to represent everyone eligible for free legal help as well as pay for salary increases for staff.  Providers say many attorneys and support staff are leaving their jobs due to poor pay, high caseloads, rising rents, student loan debt, and the city's high cost of living.

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