Right to Counsel: Policy Issue
Overview
State and local right to counsel programs provide free legal assistance to residents involved in eviction proceedings and often serve as an eviction diversion strategy. These programs ultimately, however, do not address the underlying causes of economic instability among low-to-moderate-income renters facing eviction for nonpayment of rent. As a result, numerous residents remain affected by displacement and still face increased costs, which could be better managed through the implementation of programs like rental assistance or housing subsidies. Right to counsel programs may also introduce financial challenges for housing providers, potentially affecting other residents as a result of extended legal processes and increased administrative expenses.
Industry Position
The National Apartment Association (NAA) believes that though right to counsel programs and eviction diversion strategies are well-intended, they do not effectively prevent resident displacement or mitigate broader housing instability trends. These programs impose significant economic and operational burdens on providers. To better address housing instability, NAA supports proven initiatives such as rental assistance and housing subsidies.
How Does this Affect My Business?
Taking an eviction case to court is a costly, last-resort decision for housing providers. The implementation of right to counsel laws and programs may introduce additional legal processes that can hinder providers from managing their communities efficiently, leading to increased operational costs. Prolonged eviction proceedings and extended legal requirements contribute to greater economic challenges for both housing providers and renters, with smaller independent "mom and pop" providers being disproportionately impacted.
Policymakers are encouraged to prioritize addressing the underlying causes of eviction rather than establishing right to counsel legislation for renters. Allocating resources toward rental assistance and housing subsidies would more effectively support individuals in avoiding eviction from the outset. A 2020 analysis of California’s Sargent Shriver Civil Counsel Act reported that renters frequently needed more resources than legal help, such as short-term rental assistance and help finding new housing. Public intervention strategies that direct funding toward a combination of emergency rental assistance and tenant-based housing subsidies have a greater overall benefit on housing outcomes, mitigating the consequences of eviction for renters and bolstering housing stability in communities across the country.
Contact Information
To learn more about this issue, please contact NAA's Public Policy team.