New York City Mayor Bill de Blasio signed into law on Aug. 11, 2017 a Right to Counsel in Housing Court bill that had overwhelmingly been passed by the New York City Council (Intro 214-B). The law is the first of its kind in the United States and provides free legal representation for individuals and families who are defendants in eviction proceedings in Housing Court or respondents in administrative proceedings before the New York City Housing Authority (NYCHA) seeking termination of a tenancy and possession of the rental dwelling unit. Mayor de Blasio stated that the law is intended to make sure that families do not end up in shelters when they could be staying in their homes. Homelessness has increased in NYC in recent years.

The law will provide full legal representation for all individuals and families with income under 200 percent of the federal poverty level—about $48,000 for a family of four. Such full legal representation includes ongoing advice, advocacy, including appearing in Housing Court or administrative proceedings on behalf of the tenant, and other assistance associated with such representation. Tenants with income that exceeds 200 percent of the federal poverty level will be eligible to receive “brief legal assistance,” defined as individualized legal assistance provided in a single consultation. All legal services will be provided by not-for-profit organizations that have the capacity to provide such legal services and are designated by the Coordinator.

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