Gothamist: Jersey City lawmakers set to introduce ‘right to counsel’ bill for tenants facing eviction
Originally appeared in Gothamist | By David Brand
More Jersey City tenants facing eviction could soon qualify for free legal help to fight their case as rents, construction and evictions surge in the rapidly gentrifying city.
Jersey City lawmakers are set to introduce a bill next week that would guarantee an attorney to all low-income tenants in housing court, similar to the “right to counsel” program that exists across the Hudson River in New York City, in nearby Newark and around 10 other cities nationwide.
“Jersey City has experienced some of the highest increases in rents in the country,” said Councilmember James Solomon, who is sponsoring the legislation. “We have to put in place measures to keep all residents in our city.”
The bill is co-sponsored by Councilmembers Yousef Saleh and Frank Gilmore, and has key support from Mayor Steven Fulop.
“This is an important part of a growing city,” Fulop told Gothamist. “Anything that addresses affordable housing in our region is a good thing.”
The measure comes after nearly a year of advocacy by a coalition of tenant activists who have called on the city to step in to help residents at risk of displacement.
An area home to diverse, working-class communities, Jersey City is experiencing a dramatic spike in average rents in recent years, as wealthier and young urban professionals move in — often after leaving the five boroughs. Per capita residential development in Jersey City has outpaced New York City by about six to one and while the city has introduced affordable housing mandates, low-income, longtime residents are getting left behind, Saleh said.
By one measure, Jersey City was the most expensive city to rent an apartment in the entire country last year, with average prices reaching $5,500. Average rents increased by about two-thirds between 2021 and 2022, according to real estate firm Douglas Elliman.
That has left existing tenants vulnerable to eviction, especially in neighborhoods like the Heights and Greenville, the bill sponsors said.
In 2018, around 8% of households in Hudson County, which includes Jersey City, received an eviction notice, records show. But the number of eviction filings has surged since a pandemic-related freeze on most removals ended.
Under the proposed program, a newly created Office of the Right to Counsel would likely determine the income levels that would qualify for full legal representation — in New York City, it’s families of three earning around $46,000. Solomon said the program would be gradually phased in and added that he hopes it can provide at least some legal guidance for all tenants facing eviction, regardless of income.
A 2021 report from New York City’s social services agency found that around 85% of tenants represented by an attorney in Housing Court avoided eviction. Before New York City enacted its right to counsel law in 2017, less than 1% of tenants had a lawyer in housing court compared to around 95% of landlords.
Nationwide, only around 3% of tenants have representation in eviction proceedings, according to an analysis by the National Coalition for a Civil Right to Counsel. Renters with attorneys are far more likely to stay in their homes, data shows.
But New York City’s right to counsel program has been plagued by funding shortfalls and mounting court filings that have left qualifying tenants unrepresented. Solomon, Saleh and Fulop said they hoped to improve on their neighbor’s program.
Fulop, a potential candidate for governor in 2025, said he could see “right to counsel” becoming a statewide policy.
“There are many examples of Jersey City pushing forward and the state following us,” he said.
Still, the program’s funding source remains at issue.
Solomon said the Jersey City model would be funded by developer fees, which have been optional but never actually applied to the city’s booming residential real estate market.
The 1.5% fees would generate more than enough to cover the estimated $4 million cost of attorneys and staff to represent tenants in Housing Court, according to an analysis by the Coalition for Right Counsel Jersey City. The lawyers would work for nonprofits and directly for the city, Solomon said.
But Fulop said those fees could pose an obstacle to development as interest rates climb and other costs rise, threatening needed home construction. Instead, Fulop said the fees should be phased in.
The cost is a drop in the bucket compared to the risk of eviction for around 1,500 tenants in housing court, the Coalition for Right to Counsel Jersey City says.
Coalition Co-chair Jake Ephros said the legislation will be a lifeline to tenants facing displacement.
“It would mean that every renter knows they could stand up to their landlord in case of unfair evictions,” Ephros said. “It’s one reform that helps tenants build a lot of power to fight back, but it’s part of a larger process of working people in particular being able to decide what our city looks like.”
