Ep 34: Right to Eviction Counsel with Ingrid Gould Ellen

When eviction cases go to court, it’s typical for more than 90% of landlords to have legal representation, but less than 10% of tenants. This puts tenants at a considerable disadvantage, and helps to explain why few renters win their eviction cases; many don’t bother showing up for court hearings at all. Advocates argue that providing free legal representation to tenants — a policy known as “right to counsel” or “universal access to counsel” — would reduce evictions, but there have been few opportunities to study it in an experimental setting. Ingrid Gould Ellen of NYU joins us to talk about the impacts of the policy in New York City, the first U.S. city to adopt a right to counsel, starting with 10 ZIP codes in 2017 and expanding in subsequent years. We learn how the program has affected eviction filings, the share of tenants who receive legal representation, and the number of evictions executed by the court, and we discuss the wider context of housing instability and eviction — including the limitations and harder-to-measure benefits of a lawyer-based eviction reduction strategy.

Show notes:

• Ellen, I. G., O’Regan, K., House, S., & Brenner, R. (2021). Do lawyers matter? Early evidence on eviction patterns after the rollout of universal access to Counsel in New York City. Housing Policy Debate, 31(3-5), 540-561.
• The New York City Tenement Museum website.
• UCLA Housing Voice episode 29 on landlords, discrimination, and serial eviction filings with Eva Rosen and Philip Garboden.
• Abramson, B. (2021). The Welfare Effects of Eviction and Homelessness Policies. Job market paper.
• Cassidy, M. T., & Currie, J. (2022). The Effects of Legal Representation on Tenant Outcomes in Housing Court: Evidence from New York City's Universal Access Program (No. w29836). National Bureau of Economic Research.
• Collinson, R and Reed, D. (2018). The Effects of Evictions on Low-Income Households. 
• Hoffman, D. A., & Strezhnev, A. (2022). Longer Trips to Court Cause Evictions. U of Penn, Inst for Law & Econ Research Paper No. 22-29.
• Lens, M. C., Nelson, K., Gromis, A., & Kuai, Y. (2020). The neighborhood context of eviction in Southern California. City & Community, 19(4), 912-932.
• Nelson, K. R. (2022). Litigating the Housing Crisis: Legal Assistance and the Institutional Life of Eviction in Los Angeles. Doctoral dissertation, University of California, Los Angeles.
• Nelson, K., Gromis, A., Kuai, Y., & Lens, M. C. (2021). Spatial concentration and spillover: Eviction dynamics in neighborhoods of Los Angeles, California, 2005–2015. Housing Policy Debate, 31(3-5), 670-695.
• 2021 press release on NYC program expansion: New York City's First-in-Nation Right-to-Counsel Program Expanded Citywide Ahead of Schedule.