Do Lawyers Matter? Early Evidence on Eviction Patterns After the Rollout of Universal Access to Counsel in New York City

Abstract

One of the primary eviction prevention measures jurisdictions across the country have taken is to expand access to free legal counsel for lowincome tenants facing eviction. In 2017, New York City became the first jurisdiction to enact universal access to counsel (UAC), guaranteeing free legal representation to all low-income tenants facing eviction in the city's housing courts, and other cities are also starting to channel significant resources into programs designed to increase representation in eviction proceedings. Proponents argue that access to counsel will reduce the incidence of evictions and decrease levels of homelessness. Research, however, has yet to evaluate these claims rigorously. We aim to address this gap by examining the effectiveness of legal representation in preventing evictions. Specifically, we study the early implementation of UAC in New York City and use its sequential rollout across ZIP Codes to study impacts on both individual case outcomes and broader eviction patterns. We find relative increases in legal representation for treated ZIP Codes after the adoption of UAC. We also see small relative (and absolute) reductions in the share of filings resulting in executed warrants after UAC was implemented in the earliest ZIP Codes.

The Effect of Community Organizing on Landlords’ Use of Eviction Filing: Evidence from U.S. Cities

“…Developmentalists, meanwhile, argue low-income tenants will avoid insecurity once housing is made more available ( Yglesias 2014). Other common proposals also include mandating legal representation for individuals facing eviction, as recently implemented in New York City (Ellen et al 2020), and targeted changes to tenant-landlord laws, such as extensions in the time between a violation and ability to file an eviction.…”

Evictions and Infant and Child Health Outcomes

“…60 At the policy level, enacting housing policies that offer resources to individuals at risk of eviction must be a priority. 58,67 For example, several cities have recently expanded access to legal representation for low-income tenants facing eviction, which is proven to prevent displacement 7,68,69 ; federal protections are needed to ensure that all tenants can access representation during eviction proceedings. Furthermore, housing voucher funding remains inadequate to meet the nation's housing need.…”

“…Generally, eviction procedures involve a written notice from a landlord communicating their intention to end a tenant’s lease, followed by a court filing, trial, and judgment. Whereas most landlords have attorneys, few tenants do, although some municipalities have made free legal counsel available to low-income households facing eviction . Landlords may initiate eviction proceedings to remove tenants who have not paid rent or who have violated their leases but can also do so for reasons entirely out of a tenant’s control (eg, sale of property).…”

“…Whereas most landlords have attorneys, few tenants do, although some municipalities have made free legal counsel available to low-income households facing eviction. 7 , 8 Landlords may initiate eviction proceedings to remove tenants who have not paid rent or who have violated their leases but can also do so for reasons entirely out of a tenant’s control (eg, sale of property). Households with children are more likely to experience evictions.…”

Ready to Rent: Administrative Decisions and Poverty Governance in the Housing Choice Voucher Program

“…Community organizations provide workforce training to a fraction of eligible households because they are hamstrung by limited funding. Permanent supportive housing through Housing First programs assist only a slice of the unhoused population (Hennigan 2017), and programs that provide access to legal counsel help only a fraction of tenants experiencing eviction (Ellen et al 2021; Seron et al 2001). Beyond the Housing Choice Voucher program, my analysis introduces a broader framework to understand how local state agencies utilize discretionary choices in a resource-scarce, highly decentralized policy environment to evaluate, reform, and discipline the poor.…”