WHITE PLAINS, NY (May 19, 2023) — On Monday night, the Westchester Board of Legislators unanimously passed a landmark Access to Counsel bill.
The bill mandates full legal representation to households facing eviction and other housing-related proceedings if their annual income is at or below 300% of the federal poverty-line or 60% of the county’s Area Median Income, whichever is higher. This would currently mean coverage for a family of four with a total household income of about $82,000.
The law provides for access to legal representation for income-eligible tenants facing eviction and/or specified covered proceedings. These include challenges to an unlawful rent increase, instances where a tenant has been illegally locked out by their landlord, and tenants seeking the restoration of essential services. It applies to court actions and administrative proceedings.
Historically, over 90% of landlords have had lawyers while less than 10% of tenants have had legal representation. With the end of the eviction moratorium in early 2022, eviction filings in New York State have climbed sharply. Tens of thousands of tenants are without legal representation.
The Office of Housing Counsel will work directly with the County Department of Social Services. Once hired, a director of the OHC will have six months to establish a plan to provide eligible tenants with legal assistance at no cost.
“This law is not only the right thing to do but will also render savings to the County,” said County Legislator Damon Maher. “It will reduce evictions that result in high costs for housing families and individuals in motels and other shelters.”
“The passage of an Access to Counsel bill is not just a legal victory, but a moral imperative,” said Majority Leader Christopher Johnson. “It is a crucial step towards creating a more equitable and just society, particularly for vulnerable communities who have historically been denied access to legal representation.”
Assignment of free attorneys for eligible tenants facing eviction from their homes has been a goal of Maher and Johnson since the pair were first-year County Legislators in 2018.