Res 0345-2022

Whereas, The New York City Right to Counsel law was passed by the City Council and went into effect in 2017 and it has been effective in keeping tenants in their homes; and Whereas, The Community Service Society, a charitable organization, stated that only 1 percent of tenants were previously represented with an attorney in housing court, but when the law was implemented 74 percent of the tenants facing eviction had an attorney; and Whereas, In New York City, the Right to Counsel (RTC) law does not cover everyone, excluding, for example, households who are above 200 percent of the federal poverty line and public housing residents; and Whereas, Tenants throughout the rest of the state do not have a right to counsel; and Whereas, Research from the Right to Counsel NYC Coalition, a tenant advocacy group, documented that there were 142,806 eviction cases pending in New York State on March 15, 2020, at the start of the COVID-19 pandemic, and as of February 26, 2023 there were over 276,668 active eviction cases; and Whereas, Providing legal assistance to households who are at risk of housing instability not only adds a layer of protection but it saves public funds that could otherwise be spent on shelters or services for people who are experiencing homelessness; and Whereas, According to the Right to Counsel NYC Coalition, courts are moving eviction cases at a pace that results in thousands of New York City tenants who are otherwise eligible for the RTC program being denied; and Whereas, A.1493, introduced by Assembly Member Latoya Joyner and pending in the New York State Assembly, and companion bill S.2721, introduced by State Senator Rachel May and pending in the New York State Senate would create a New York State office of civil representation that would provide the right to free and full representation to all New Yorkers in all cases that might result in their displacement; and Whereas, A.1493/S.2721 would also be a solution to the local court crisis since it would require the court system to mandate adjournments until a tenant has been able to secure an attorney and it could help pace cases to attorney capacity; now, therefore, be it Resolved, That the Council of the City of New York calls on the New York State Legislature to pass, and the Governor to sign, A.1493/S.2721, in relation to establishing a New York state office of civil representation to provide access to legal services in eviction proceedings. JLC/TZ LS 9373 11/21/23