The city has failed to uphold the Right to Counsel (RTC) law, leaving thousands of low-income tenants without legal representation in Housing Court amid a surge in evictions, according to a report by New York City Comptroller Brad Lander.
The report, titled Evictions Up, Representation Down, details a sharp decline in overall legal representation rates for tenants facing eviction to 42% from 71% in 2024. In the Bronx, where eviction cases are most concentrated, representation plummeted to 31% from 88%, while in Brooklyn, representation dropped to 50% from 55%.
“The Right to Counsel for low-income tenants facing eviction was one of New York City’s great promises to keep families in their homes – but the Adams Administration has utterly failed to keep it," Lander said in a statement on May 2.
Since 2022, nearly 34,000 families have been evicted in New York City, according to the report. Legal representation is widely regarded as an effective tool to prevent eviction, with 89% of tenants who had full legal counsel in fiscal year 2024 remained housed.
The city enacted its RTC law in 2017, making it the first jurisdiction in the U.S. to guarantee free legal services for low-income tenants facing eviction. Since then, five states and 17 localities have passed similar laws. RTC covers tenants earning up to 200% of the federal poverty line, or about $53,300 for a family of three.
But systemic underfunding, rising caseloads, staffing shortages and state disinvestment have undermined implementation. After the expiration of a pandemic-era eviction moratorium in January 2021, eviction filings surged by 440% from 33,000 to 177,000 overwhelming legal service providers. Attorneys now handle 50 to 80 cases a year, well above the recommended maximum of 48, the report said.
Caseloads at nonprofit providers more than doubled to 70,000 in FY 2022 from 33,000 households in FY 2019, but staffing and funding have not kept pace. Attrition at legal service organizations ranged from 20% to 55% in 2022.
The crisis has disproportionately affected Black and Latine communities, the report noted.
To restore full legal representation, Lander urged the city to create a strategic plan to meet RTC obligations within five years. Recommendations include reforming provider contracts, increasing budgets in collaboration with legal groups, paying providers on time and investing in eviction prevention programs.
Lander also called on the state to pass a statewide RTC law and fund half its costs, increase housing assistance funding, and reverse previous budget shifts that burden the city’s shelter system.
