Kellner Bill Would Provide Vulnerable Tenants Facing Eviction the Right to an Attorney

If you have ever been to housing court you have seen this: a lawyer or perhaps a group of lawyers, wearing suits and clutching briefcases greet judges and court workers as old friends. Meanwhile, tenants, largely alone and dressed more simply, are bullied into signing stipulations in hallways or chastised in the courtroom for not understanding the basics of court procedure. If the tenant ever had a good defense or perhaps even grounds to a counter-filing--no one was ever going to find out.

A study published in 2007 by the Brennan Center for Justice at NYU School of Law and the Center for Human Environments at the City University of New York found that 76% of tenants facing an eviction proceeding in Housing Court did not have a lawyer representing them.

I see these sorts of cases every day. A tenant comes into my community office having just received a 30-day eviction notice and wants help. I do my best to refer them to the many excellent local legal services organizations that provide free representation: Eviction Intervention Services, Lenox Hill Neighborhood House, or citywide groups like MFY Legal Services or Legal Services of New York (LSNY). The sad fact is that these organizations can only take so many cases--and only a small number of tenants ever think to ask for this type of assistance.

The threat of eviction is not a benign circumstance; homelessness destroys lives. I believe that for those who cannot afford to be represented in Housing Court for eviction proceedings, a lawyer should be provided. The playing field must be leveled between landlord and tenant.

Soon, I will be introducing legislation to require that tenants facing eviction proceedings in Housing Court are provided a lawyer if they or a household member has a disability, are a senior, or if the household includes a child under the age of 18. The bill would only provides for a lawyer where the tenant coud not otherwise afford one.