Right to Counsel NY: Not All NYC Eligible Tenants Facing Eviction Are Receiving Free Attorney

Fern Gillespie
New York City tenants facing eviction in Housing Court have access to free legal representation thanks to the 2017 Right to Counsel law. Black and Hispanic New Yorkers are more vulnerable to eviction. They are more likely to live in rent-stabilized or low-income housing, work in lower-wage jobs, and face barriers to legal representation.

The Right to Counsel NYC Coalition is an advocacy, tenant-led group with organizers, advocates, and legal services providers. It was formed in 2014 to challenge the role of the Housing Court and fight the eviction crisis. In 2017, the Right to Counsel NYC Coalition was instrumental in the Right to Counsel law.

Unfortunately, the courts are currently prioritizing moving cases forward regardless of whether a tenant has an attorney. Ultimately, prioritizing landlord profits over tenants’ rights. Our Time Press interviewed Brooklyn-based Khadija Hussain, Campaign Organizer for Right to Counsel NY Coalition, about New York City tenants facing eviction being entitled to free legal representation.

OTP: Why was it important to have the Right to Counsel Law in New York? What has been the impact of the Right to Counsel law on NYC tenants facing eviction?
Khadija Hussain: 84 percent of tenants with Right to Counsel (RTC) win their cases and can remain in their homes. When RTC is properly implemented and upheld, landlords are less likely to initiate eviction lawsuits. Tenant associations and community organizations have used RTC as a powerful organizing tool to defend and advance tenants’ rights. It has helped shape a more just body of housing case law, reduced rents, re-stabilized apartments, and compelled landlords to make necessary repairs. Evictions and housing instability disproportionately impact people of color, especially Black women, as well as children, seniors, and people with disabilities.

These disruptions have far-reaching consequences on individuals’ education, employment, family life, and both physical and mental health. RTC is critical to achieving greater economic, gender, and racial justice. Today, Black and brown folks are more likely to live in rent-stabilized or low-income housing, work in lower-wage jobs, and face barriers to legal representation, making them more vulnerable to eviction. Without RTC, a profound power imbalance remains in NYC Housing Court—one that prioritizes landlords’ profit motives over the fundamental need to keep New Yorkers safely housed.

OTP: Are tenants aware of this free legal counsel, and are they utilizing it?
KH: The courts are supposed to make tenants aware of this right, but they are currently not upholding their responsibility to tell tenants about their right to counsel. That’s why our Coalition is doing Court Watch – every week, RTC organizers, tenant leaders, and our Court Watch Outreach volunteers are at housing courts in The Bronx, Brooklyn, Manhattan, and Queens talking to tenants about their rights. We make sure tenants know they have the Right to Counsel and that they can ask the judge for an adjournment to ensure that they have the time they need to connect with an RTC attorney. We also let tenants know they are not alone – That there are thousands of tenants across NYC fighting for tenants’ rights and that they too can join the fight to defend Right to Counsel and stop evictions. This year, we’ve talked to more than 7,000 tenants in NYC housing court.

Many tenants who are facing eviction in housing court don’t know they’re being denied RTC and are therefore negotiating directly with the landlord’s attorney, defending themselves alone, or agreeing to things they don’t want to agree to. Court Watch Outreach volunteers talk to tenants as they stand in line waiting to enter the courthouse and in the hallways of the courts, letting them know about their rights and how to get involved. Doing Court Watch is essential for the tenants facing eviction alone AND it also helps build the political power and pressure we need to win our administrative, budget, and legislative demands that would force the courts to uphold the law, so we don’t have to fight to defend our rights.

OTP: Is it difficult for tenants facing eviction in NYC to get a free attorney?
KH: It is currently difficult to get a free attorney because the courts are violating tenants’ rights by scheduling eviction cases faster than tenants can access legal representation. The Office of Court Administration (OCA) and Chief Judge Rowan Wilson have refused to pause these cases until eligible tenants can receive Right to Counsel (RTC). As a result of this inaction, over 55,895 tenants have faced eviction proceedings without legal representation, despite many of them qualifying for RTC.

This approach prioritizes speed over due process and justice. New York City’s Office of Civil Justice (OCJ) was created because of the tireless efforts of the tenant movement. However, OCJ has been unresponsive, ineffective, and, at times, even obstructionist under the Adams administration. One of the fundamental challenges is that state housing courts are not legally required to implement the city’s RTC law unless compelled by state legislation. Yet OCJ has shown little political will to demand that OCA, the Chief Judge, the state legislature, or the city take the necessary steps to fully defend, fund, and uphold RTC.

In August 2023, OCJ issued a Request for Proposals (RFP) that undermines the intent of Local Law 53, which mandates that the city work directly with tenant organizing groups to educate tenants about their right to counsel. Instead of contracting directly with these organizing groups, the city has funneled funds through legal services providers, weakening the vital role that community organizers play in ensuring tenants know and can exercise their rights. OCJ has also implemented an Administrative Pilot in Brooklyn Housing Court that requires tenants to first apply for emergency assistance with the Human Resources Administration (HRA) before being connected with an RTC attorney.

This effectively turns housing court into a debt collection tool for landlords and erodes tenants’ ability to use the court system to secure critical repairs and safe living conditions. Finally, the city is severely underfunding RTC, compromising tenants’ ability to access the protections they are legally entitled to.

OTP: When a resident receives an eviction notice, what should they do?
KH: Only a judge can evict you. Do not self-evict. Respond to the eviction notice as soon as possible by going to your local housing court and filing the relevant documentation (as directed by the clerk), and ask for an adjournment to have time to seek legal counsel. The tenant should seek legal counsel or advice. Utilize Housing Court Answers, the Met Council, and other legal services and tenants’ rights groups.

For questions for the Right to Counsel NY Coalition, contact info@righttocounselnyc.org