Legal support for tenants in eviction proceedings
Legal support in eviction proceedings provides full representation for tenants with low incomes by an attorney in court, including consultations; legal advice and research; construction of a defense; preparation and filing of court documents; negotiation with landlords and their attorneys; and representation at hearings, trials, and appeals1. Alternatively, legal support can describe limited legal assistance from an attorney or paralegal2, such as instruction on the summary eviction process, help completing and filing paperwork, and other efforts to prepare tenants to represent themselves effectively in court3, 4. Although not widely available, such efforts can include social service referrals or be part of comprehensive programs that also offer financial and social services, as in New York City4, 5. Tenants do not have a constitutional right to counsel, unlike criminal defendants6; however, local government policies can establish a right to legal counsel when a family or an individual with low income faces loss of shelter, sustenance, or other basic human needs7. Some data suggest fewer than 10% of tenants have representation for eviction proceedings8.
What could this strategy improve?
Expected Benefits
Our evidence rating is based on the likelihood of achieving these outcomes:
Reduced evictions
Potential Benefits
Our evidence rating is not based on these outcomes, but these benefits may also be possible:
Reduced homelessness
Reduced health care costs
Improved birth outcomes
What does the research say about effectiveness?
There is strong evidence that legal support for tenants in eviction proceedings reduces evictions among tenants with low incomes1, 2, 7, 9, 10, 11, 12. Tenants who receive full attorney representation have more favorable outcomes than tenants who receive limited legal assistance1, 3, 9, 13. Additional evidence is needed to confirm effects, particularly any long-term effects on housing stability2 and other outcomes for tenants, such as landlords’ required abatement or repairs9.
New York-based studies show that full representation reduces evictions1, 9, though one study suggests the state’s right-to-counsel policy is effective only with other tenant protections10. Full representation may also reduce related smaller monetary judgments and actions which can lead to eviction1, 9. Lawyers have greater effects for clients facing higher risk of possessory judgment, i.e., eviction1. Clients with full representation may also be more likely to benefit from judicial stipulations like rent abatements and required repairs to their housing9. In a Quincy, Massachusetts-based study, two-thirds of tenants with full legal representation remained in their homes, compared to one-third of tenants without legal representation. More tenants with legal representation who could not remain in their homes were able to move on their own terms and timelines than peers without legal representation7.
Legal support in eviction proceedings can reduce homelessness, emergency room, and medical costs10, protect tenants’ rights, and substantially increase financial benefits for tenants by canceling or reducing past due rent balances, damages or fines owed3, 7. Other studies suggest that tenants who can stay in their residences have a sense of belonging in their communities, which supports neighborhood quality10. A pilot study of the South Bronx-based Housing Help Program, which provides tenants with low incomes in housing court with holistic legal, financial, and social service interventions, indicates that eviction judgments were prevented for 86% of clients, housing loss was prevented for 91% of clients, and homeless shelter use was reduced4. Tenants typically experience severe financial distress in the years leading up to an eviction proceeding that often continues afterwards for both evicted and non-evicted tenants14, which complicates the potential long-term effects of legal support for tenants in eviction proceedings2. However, since people who are evicted experience the most significant adverse effects in the year or two afterwards – to housing stability, earnings, employment, financial well-being, and health – any additional time to navigate existing challenges appears beneficial1.
On average, people who are represented by a lawyer in civil justice cases are more likely to have a favorable outcome than those not represented by a lawyer11, 12. A pilot study of New York City’s Court Navigators Program also suggests that trained and supervised individuals without full formal legal training can effectively provide legal assistance and reduce evictions among otherwise unrepresented tenants15.
Connecting tenants with legal services to implement right-to-counsel policies is challenging. New York’s policy requires that individuals appear in court to receive legal counseling, but 2017 estimates suggest more than 50 percent of tenants do not come to court, as they may feel they are in the wrong and fear they will not win even with legal representation10. Tenants may also be unable to show up in court, for example, if they lack child care1, 10. Even if a tenant avoids eviction, landlords may still evict them informally, by changing locks, removing belongings, or paying them to move. Informal evictions are illegal but hard to track10. More research is also needed as to whether landlords change rental screening processes or reduce rental supply in response to eviction proceeding experiences10.
Experts recommend implementing additional tenant support policies along with right-to-counsel10 and caution that legal representation alone may not address underlying reasons a family or individual may be at risk of eviction or involved with the housing court system1. However, as legal representation may help clients avoid eviction for at least a year, which appears to be enough time to stabilize housing in the medium term, clients may avoid the adverse outcomes associated with the short-term period pre- and post-eviction1. Right-to-counsel programs must engage attorneys who are high quality and in sufficient number to keep caseloads manageable10. Programs can also ensure high visibility in housing courts, with branding and signage where legal and other staff are available to meet with tenants at their first court appearances5.
Legal representation efforts can have substantial benefits with modest costs; a 2021 estimate for New York’s legal program is $3,200 per participating household1. Studies in multiple cities suggest these efforts save municipalities money by avoiding evictions, the costs associated with forced relocation, and subsequent homeless shelter use1, 13, 16. A cost benefit analysis of the Housing Help Program in the South Bronx shows a 64% return on investment and more than $725,000 annually in avoided homeless shelter costs4. Right-to-counsel programs may also reduce spending on adverse birth outcomes by nearly $50 million annually, as each preterm birth is estimated to incur over $80,000 in costs through impacts to individuals’ long-term health and well-being17.
How could this strategy advance health equity? This strategy is rated potential to decrease disparities: suggested by expert opinion.
Legal support for tenants in eviction proceedings has the potential to decrease disparities in access to legal counsel and housing, and to decrease disparities in health outcomes, for tenants with lower incomes1, 10, 17.
Legal support for tenants in eviction proceedings appears more beneficial in communities with lower incomes, because geographic comparisons find that areas with higher poverty rates are more responsive to the policies10. Experts suggest that the current lack of legal services for tenants with low incomes in eviction proceedings disproportionately harms racial and ethnic minorities, women, and immigrants8 and that more resources are needed for tenants at greater risk of adverse outcomes1. Multiple studies suggest female-headed households, households with children, renters with low incomes, and renters from racially marginalized backgrounds are disproportionately affected by eviction proceedings22. Although eviction data are often incomplete, incorrect, or difficult to compare22, demographic studies using U.S. Census Bureau data find large racial disparities in filing and eviction rates, across income levels25. Eviction disparities are substantial; individuals who are Black and rent their homes make up less than 19% of renters, but account for over 51% of eviction filings and 43% of evictions25. Individuals who are white make up about 50% of renters, but account for only 26% of eviction filings and 32% of evictions25. These studies also suggest that evictions typically include families with at least one child25. Women who are Black are disproportionately likely to live in households experiencing eviction proceedings, especially if the household includes children, and more likely to have eviction cases in their court records, which harms future housing and economic outcomes25.
A New York City-based study finds that right-to-counsel programs appear to reduce adverse birth outcomes among birthing parents insured by Medicaid; other studies suggest evictions are associated with adverse birth outcomes such as low birth weight and preterm birth17. Experts suggest legal representation for tenants with low incomes involved in eviction proceedings can improve health equity and help tenants avoid the negative health consequences of evictions6. A Connecticut-based study suggests that right-to-counsel legislation does not appear to change tenant-landlord dynamics in support of tenant health, but does appear to reduce evictions, preventing the associated negative health consequences, to support more favorable terms for tenants who are evicted, and to support tenants building collective power and organizing26.
Tenants have low turn-out rates in housing courts, and experts note this is due to barriers including tenants’ inability to afford legal counsel, misperceptions about their rights, their chances of winning the case, confusion about court processes, fears about landlord retaliation, and challenges with missing work or securing child care10. A New York-based study suggests only a quarter of tenants who appear in court have legal counsel, while most are self-represented, and that nearly all landlords show up to court and of these, 96% have legal counsel. Tenants who cannot afford professional legal counsel are therefore disadvantaged and those not present in court cannot challenge landlords’ claims or defend themselves10.
What is the relevant historical background?
The U.S. does not currently guarantee individuals who cannot afford legal services a right to counsel in housing cases. This right is guaranteed in criminal cases, following a 1963 Supreme Court decision and in accordance with the Sixth Amendment1, 10. In recent decades, the right to counsel in civil cases has been granted in some family law matters, medical treatment cases, and others10. Outside the U.S., most other high-income democracies guarantee access to lawyers in civil suits1.
New York City’s Office of Civil Justice (OCJ) was the first to establish a universal access (UA) program, often referred to as the right to counsel, which provides access to legal services for all tenants facing eviction. Those with household incomes below 200 percent of the federal poverty line (FPL) are eligible for full legal representation, while others can receive a brief individualized consultation10. The program began in select zip codes but was expanded city-wide during COVID-19 and remains available10.
As of 2023, there are around 2.4 million eviction filings and 900,000 formal evictions in the U.S. each year1. However, informal, illegal evictions may account for nearly half of all forced moves and may be twice as common as formal evictions10. Median asking rents in the U.S. have risen dramatically compared with median household income, and nearly half of U.S. households are rent-burdened or severely rent-burdened as of 201810. The National Academies of Sciences notes that eviction is both a symptom and cause of poverty1.
The U.S. government does not maintain an official, systematic tracking system for eviction data in the U.S.22. Legislation is also lacking that could identify disparities and discrimination by race and ethnicity in the rental market, though it exists in the home mortgage market. The 1975 Home Mortgage Disclosure Act (HDMA) mandates reporting that continues to expose disparities in mortgage lending by race and ethnicity in the U.S., despite the Fair Housing Act prohibiting discrimination25.
Equity Considerations
- How well does your community monitor evictions or related proceedings?
- Does your community offer free legal services to tenants facing eviction proceedings? Are services reaching everyone who needs them, including individuals who are undocumented? If not, what barriers exist to providing such services?
- What laws exist in your community that may contribute to disparities in access to legal counsel between tenants and landlords? For example, are landlords permitted to have in-house corporate counsel?
Implementation Examples
In 2017, New York City enacted the first legislation in the country that provides legal representation for all income-eligible tenants in eviction proceedings18, 19. Since then, other cities, counties, and states have begun pilot programs, introduced legislation, or approved funding for similar efforts20. The National Coalition for a Civil Right to Counsel (NCCRC) offers maps and news updates to track initiatives in the U.S.20.
The U.S. federal government does not track evictions, or require states to collect this data. Princeton University’s Eviction Lab has maps showing eviction trends in the U.S. and offers resources for those facing evictions, including tenants who are undocumented21. The U.S. Department of Housing and Urban Development (HUD) recommends developing a national eviction database to improve data quality about formal evictions, track trends, and design effective policies to prevent eviction, as well as collecting information from renters about their experiences with illegal, informal eviction22.
The Legal Services Corporation (LSC) is a nonprofit that provides grants for civil legal assistance to Americans with low incomes, including legal representation for tenants facing eviction. As of 2025, it has over 800 offices across the U.S.23.
An alternative approach to resolving civil justice issues, including eviction cases, is provided by the Red Hook Community Justice Center, which offers a judge and court system that is set up to resolve issues without requiring legal representation24.
Implementation Resources
‡ Resources with a focus on equity.
NLIHC-Tenants - National Low Income Housing Coalition. (n.d.). State and local tenant protections database. State and Local Innovation: Tenant Protections Database. Retrieved January 22, 2025.
NCCRC - National Coalition for a Civil Right to Counsel (NCCRC).
NCCRC-Impact - National Coalition for a Civil Right to Counsel. (n.d.). Tenant right to counsel. Resource Library. Retrieved January 22, 2025.
Furman Center-NYC access to counsel 2018 - Been V, Rand D, Summers N, Yager J. Implementing New York City’s universal access to counsel program: Lessons for other jurisdictions. New York University, Furman Center; 2018.
RTCNYC-Toolkit - Right to Counsel NYC (RTCNYC) Coalition. The right to counsel toolkit.
Footnotes
* Journal subscription may be required for access.
1 Cassidy 2023 - Cassidy, M., & Currie, J. (2023). The effects of legal representation on tenant outcomes in housing court: Evidence from New York City’s Universal Access program. Journal of Public Economics, 222, 104844.
2 Holl 2016 - Holl M, van den Dries L, Wolf JRLM. Interventions to prevent tenant evictions: A systematic review. Health and Social Care in the Community. 2016;24(5):532-546.
3 Pattanayak 2013 - Pattanayak CW, Greiner DJ, Hennessy J. The limits of unbundled legal assistance: A randomized study in a Massachusetts district court and prospects for the future. Harvard Law Review. 2013;126:901-989.
4 Seedco 2010 - Hoffman L, Rodriguez LM, Seigel B, et al. Housing help program: Homelessness prevention pilot final report. Structured Employment Economic Development Corporation (SEEDCO). 2010:1-53.
5 NYC OCJ-UA 2023 - New York City Office of Civil Justice. (2023). Universal access to legal services: A report on year six of implementation in New York City (p. 40). New York City Department of Social Services.
6 Gold 2016 - Gold AE. No home for justice: How eviction perpetuates health inequity among low-income and minority tenants. Georgetown Journal on Poverty Law and Policy. 2016;XXIV(1):59-87.
7 BBA 2012 - Boston Bar Association Task Force on the Civil Right to Counsel (BBA). The importance of representation in eviction cases and homelessness prevention. 2012:1-10.
8 Greenberg 2016 - Greenberg D, Gershenson C, Desmond M, et al. Discrimination in evictions: Empirical evidence and legal challenges. Harvard Civil Rights-Civil Liberties Law Review. 2016;51:115-158.
9 Seron 2024 - Seron, C., Ryzin, G. V., & Frankel, M. (2024). The impact of legal counsel on outcomes for poor tenants in New York City’s housing court: Results of a randomized experiment. Law & Society Review, 35(2), 419–434.
10 Liaw 2023 - New York City Office of Civil Justice. (2023). Universal access to legal services: A report on year six of implementation in New York City (p. 40). New York City Department of Social Services.
11 Engler 2010 - Engler R. Connecting self-representation to civil gideon: What existing data reveal about when counsel is most needed. Vol 37. New England School of Law; 2010.
12 Sandefur 2010 - Sandefur RL. The impact of counsel: An analysis of empirical evidence. Vol 9.; 2010.
13 CPSPI 2014 - John and Terry Levin Center for Public Service and Public Interest (CPSPI) Stanford Law School. San Francisco right to civil counsel pilot program documentation report. 2014:1-31.
14 NBER-Humphries 2019 - Humphries JE, Mader NS, Tannenbaum DI, Van Dijk WL. NBER working paper series: Does eviction cause poverty? Quasi-experimental evidence from Cook County, IL. National Bureau for Economic Research (NBER). 2019: Working Paper 26139.
15 Sandefur 2016 - Sandefur RL, Clarke TM. Roles beyond lawyers: Summary, recommendations and research report of an evaluation of the New York City court navigators program and its three pilot projects. American Bar Foundation (ABF), National Center for State Courts (NCSC); 2016.
16 Abel 2010 - Abel LK, Vignola S. Economic and other benefits associated with the provision of civil legal aid. Seattle Journal for Social Justice. 2010;9(1):139-167.
17 Leifheit 2024 - Leifheit, K. M., Chen, K. L., Anderson, N. W., Yama, C., Sriram, A., Pollack, C. E., Gemmill, A., & Zimmerman, F. J. (2024). Tenant right-to-counsel and adverse birth outcomes in New York, New York. JAMA Pediatrics, 178(12), 1337–1344.
18 Furman Center-NYC access to counsel 2018 - Been V, Rand D, Summers N, Yager J. Implementing New York City’s universal access to counsel program: Lessons for other jurisdictions. New York University, Furman Center; 2018.
19 RTCNYC Coalition - Right to Counsel NYC (RTCNYC) Coalition. About the RTCNYC Coalition.
20 NCCRC - National Coalition for a Civil Right to Counsel (NCCRC).
21 Eviction Lab - Eviction Lab. (n.d.). The Eviction Lab. Eviction Lab. Retrieved January 23, 2025.
22 US HUD-Evictions 2021 - U.S. Department of Housing and Urban Development (U.S. HUD). (Summer 2021). Prevalence and impact of evictions. Evidence Matters.
23 LSC-At a glance - Legal Services Corporation (LSC). How we work: LSC-2015 at a glance.
24 CCI-RHCJC - Center for Court Innovation (CCI). Red Hook Community Justice Center (RHCJC).
25 Graetz 2023 - Graetz, N., Gershenson, C., Hepburn, P., Porter, S. R., Sandler, D. H., & Desmond, M. (2023). A comprehensive demographic profile of the U.S. evicted population. Proceedings of the National Academy of Sciences, 120(41), e2305860120.
26 Keene 2024 - Keene, D. E., Olea Vargas, G., & Harper, A. (2024). Tenant right to counsel and health: Pathways and possibilities. SSM - Qualitative Research in Health, 6, 100464.
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