FAQs about Right to Counsel JC
Common questions about right to counsel.
What is the right to counsel?
The right to counsel is a legal guarantee that a tenant will be granted representation by an attorney before they are evicted from their home
How effective is the right to counsel at preventing evictions?
Studies of the jurisdictions that have passed right to counsel laws all reveal benefits to tenants. When represented through RTC programs, tenants are much more likely to stay in their homes — as much as 41% — because lawyers can help tenants identify available defenses and resources like rental assistance programs. Further, in other jurisdictions that have passed right to counsel legislation, the overall number of eviction filings dropped by more than 30%, likely because landlords recognize that baseless, harassing, or discriminatory evictions will not longer go unnoticed.
How would the right to counsel protect tenants from their landlords in other ways?
This policy recognizes that people can be forced out of their homes in many ways and provides representation in those circumstances, including receiving an order of eviction or other form of landlord malfeasance, like unaddressed code violations or discriminatory treatment.
Who would qualify for the right to counsel?
All tenants in Jersey City will have the right to counsel, regardless of income. Rights must be guaranteed to everyone.
Will the cost of implementing the right to counsel fall on taxpayers and thus tenants?
It will not. Those responsible for the eviction crisis – landlords and developers – should be the ones who pay.
How will the right to counsel policy be enacted and protected?
Our proposal includes a Right-to-Counsel office established by the city where tenants will be connected to legal services and resources like rental assistance programs. We will also establish an implementation oversight board led by tenants. Landlords will be required to inform tenants of their right to counsel, when signing a lease and before serving a notice of eviction.
Will the right to counsel policy cover undocumented people?
Yes, a right isn’t a right if it’s qualified. Jersey City is one of the most diverse cities in America: it’s unique in its history as an immigration hub and a sanctuary city. A right to counsel is for all tenants.
