Decide whether eviction RTC will be part of a larger housing policy package that is pursued.
This is covered in Section 3.2.
Even if eviction RTC is the sole policy being pursued, develop a big, bold vision of how eviction RTC fits into the larger housing justice narrative.
Eviction RTC can be framed in terms of the ways it will change not just the outcomes for individual tenants, but the system itself. As discussed in Section 1.4, eviction RTC can empower tenants to enforce their housing rights, help legal aid programs spot and work to change systemic issues, alter landlord and judge behavior, and promote racial equity. Depending on what convinces people in your jurisdiction, you might want to focus your message on a “right to housing”, with an explanation on how eviction RTC advances such a right. At the same time, recognize that eviction RTC is not a silver bullet that will fix the eviction or housing crises on its own: there are still reforms needed to the landlord/tenant law, more rental assistance, and other upstream policy changes (such as building more affordable housing) aimed at reducing the number of tenants who find themselves in eviction proceedings. But eviction RTC is a winnable policy that can not only help tenants avoid eviction and its major consequences, but also help build up a coalition that can work to achieve and enforce these additional housing reforms.
Beyond the Courtroom - Tenant Right to Counsel's Broader Impact
In this webinar we were joined by leaders in San Francisco, Connecticut, and New York who spoke about how eviction RTC has empowered tenants in their jurisdictions to engage in organizing and rent strikes, as well as speak up to enforce their existing housing rights, by reducing the fear of retaliation. They also discussed how eviction RTC improves the behavior of systems actors like landlords and judges, leads to broader law reform by identifying systemic flaws, and improves the coordination and efficacy of legal services organizations.
Decide early on what you would like your eviction RTC to reach.
While there is no question that you will need more information to know the final answer on the scope of your proposed law (such as the number of eviction filings, the cost per eviction case, the amount of available funding, etc.), you can still decide what you’re aiming for. Will it cover all tenants without any eligibility requirements? Will it reach just eviction trials, or other types of matters (appeals, termination of housing vouchers, etc)?
Here are some thoughts from advocates around the country:
One eviction RTC advocate argued for going big because “voters don’t care in a big way about the nuances that those doing anti-displacement work do around universality or limited scope versus full scope … all of these things that keep eviction defense lawyers and activists up at night are not what matters. People either want a right to counsel or they don’t. They think people should be represented or they don’t. I would really encourage folks – if you’re putting in the time and energy on a campaign – go for the most robust, biggest form of right to counsel. It’s got to cover everyone, cover them through the whole case. I think there is a lot of pressure to do all of these half measures thinking you’re going to win over voters, and I can’t just say in my experience – even the more conservative voters here – they were either going to side with renters and fairness or they were going to side with the real estate industry. The issues around universality and the scope of the right and all that kind of stuff were mainly just used by folks who would have opposed it anyway. My advice to people really would be to go big, make it a complete right to counsel, don’t start carving a lot of stuff out of it because I don’t think it wins you a lot of votes and it just makes it harder to implement and less impactful.”
Another eviction RTC advocate commented that, “To the extent other jurisdictions are able to, they should pair fights for RTC with the fight for just cause evictions. Our state law made it so we could only do narrowly one thing, but other jurisdictions should have a broader, bolder vision and accomplish more substantively
A third eviction RTC advocate added, “Implement RTC on a universal basis, and not under a means-tested basis. A means-tested basis typically leads to the most vulnerable individuals being left out of the program.”
Work on figuring out implementation at the very beginning.
Effective implementation is the key to actually making change happen. But implementation takes a lot of planning and has to be thought about as early as possible. Even if you’re thinking about a pilot project and are not yet ready to enact a law, a well-designed pilot can be a way to test out how RTC might be implemented if enacted into law.
One of the most important pieces to think about right from the beginning is the data you need to gather from the program, and what funding you’ll need to gather it. For example, you’ll need to consider what data providers are currently keeping track of and what else they’ll need to add without creating too many administrative burdens on them that can impact their ability to effectively serve clients.
You may want to think early on about which government department you would like to oversee the program, as that may lead you to want to reach out early on to that department to see if they’re on board.
Consider going for some early milestones that can help advance your campaign.
Whether your coalition is ready to enact eviction RTC often depends on the political climate and how far along you are in gathering the data you need. For instance, in NYC, it took years for the coalition to gather data, run public awareness efforts, develop their coalition and campaign, and run a series of public events before the campaign was ready to advance and win a right to counsel for tenants. In Kansas City, on the other hand, prior to the eviction RTC campaign there had already been significant broader renter-worker advocacy and coalition building, as well as eviction research, so when the eviction RTC campaign fully launched it was a considerably shorter timeline to enactment.
If your jurisdiction is not poised for a quick campaign, you might consider taking some preliminary steps before seeking to enact an eviction RTC ordinance or law.
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In 2006, the American Bar Association passed Resolution 112A, which urges state/local governments to support the concept of a right to counsel in basic human needs civil cases, and the resolution named “shelter” as one of the key areas. Resolution 112A was co-sponsored or subsequently endorsed by 18 bar associations, as well as 5 access to justice commissions. Many of the bar associations that co-sponsored the resolution went on to form right to counsel task forces, start pilot projects, or take other steps to advance the right to counsel. Getting your state or local bar to endorse the Resolution 112A could help them come on board as an active stakeholder.
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While resolutions are not legally binding commitments, several government bodies have passed resolutions supporting eviction RTC that have helped to spur right to counsel activities. Examples include:
Milwaukee County: this helped lead to the creation of the Eviction Free MKE program, which has been providing universal representation to tenants. The resolution led to a funding appropriation ($900,000 in 2021 and $1.8 million in 2022, as well as $300,000/year for 3 years contributed by the United Way of Greater Milwaukee and Waukesha County) to pay the Legal Aid Society of Milwaukee to carry out a full representation program.
Ithaca, NY: this city’s resolution was accompanied by $125,000/year in funding to develop a tenant representation program.
Tulsa: shortly after the city passed its resolution in 2020, a pilot project began in the city using funds from HUD’s Eviction Protection Grant Program.
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There have been legislative, judicial, or executive task forces that have explored a civil RTC in Pennsylvania, Philadelphia, Connecticut, New York State, and Maryland. A task force is a low-cost move that can initiate research projects, such as collecting data on the number of cases and unrepresented litigants in certain areas (eviction, custody, DV, etc.), and polling legal service providers to determine average case costs for each case type. These task forces then typically produce a report that can become a vehicle for further advocacy.
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Holding a summit or forum can be a low-cost way to kick off efforts, especially if key leaders (bar, judiciary, etc.) can be convinced to attend. Summits and law school symposia were effective in New York City and Detroit in increasing public awareness about the need for eviction RTC.
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Writing op-eds in mainstream media sources or bar journals and getting media coverage of tenant experiences in eviction court can be a great way to elevate eviction RTC and draw out stakeholders.
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Universal representation programs (where enough funding is provided for representation to all eligible tenants but there is no ordinance or law establishing eviction RTC) and pilot projects (time-limited projects providing counsel to a smaller number of people in order to measure impact) are stepping stones that can help build support for eviction RTC. Davidson County TN established the Eviction Right to Counsel pilot program in June 2022. Milwaukee County’s Eviction Free MKE is an example of a remarkably successful universal representation program that has operated since 2021. Note: When establishing pilot projects and universal representation programs it’s important to not refer to them as a “right to counsel”, because that can cause confusion as to what is and isn’t an actual right to counsel.
Did you know?
Many pilots / universal rep programs have led to an enacted RTC!