This article is part of THE CITY’s Court Support series explaining the city’s legal system to New Yorkers. What else do you want to know? Write to us: [email protected].
New Yorkers have a right to an attorney in criminal cases, and some other legal situations. In recent years, lawmakers sought to extend that right to low-income New Yorkers facing cases in Housing Court.
But the “Right to Counsel” program has not been implemented evenly. With fewer than half of tenants getting an attorney, access is far from universal for people facing eviction. And Housing Court still remains a confusing place, with different procedures and legal providers in each borough.
Here’s THE CITY’s guide about how to get a public attorney in Housing Court, and where to find legal help:
Who is eligible for an attorney in Housing Court?
By law, anyone who needs legal representation in Housing Court as a defendant — respondent, as it’s known there — and earns less than 200% of the federal poverty guidelines is eligible for free legal representation by publicly paid attorneys.
Through spring 2025, that guideline equals $62,400 per year for a family of four. For income guidelines by household size, here is the full list from the state office of Temporary Disability Assistance.
That’s the law on the books.
But not everyone who is eligible for an attorney gets one — there are a huge number of cases and not enough taxpayer-funded lawyers. This has been an issue since the “Right to Counsel” law rolled out to all five boroughs under former Mayor Bill de Blasio during the pandemic following a successful, smaller pilot program targeted at certain zip codes.
According to the Right to Counsel Coalition’s representation monitor, just 34% of tenants with an eviction case were represented by an attorney as of December 2023 That share of represented tenants has fluctuated a lot, from 66% in the beginning of 2022 to 16% in the fall of 2023, the group’s analysis shows.
When do you get an attorney in Housing Court?
This depends on which borough’s Housing Court you’re in, experts say, and whether you’re a respondent in a non-payment case — when a tenant is accused of owing back rent — or a holdover case, which involves accusations against a tenant other than owing rent.
(Note that the “right to counsel” does not apply in a Housing Court case where a tenant files a claim or accusation against a landlord, such as “HP proceedings” to get repairs and stop harassment.)
No matter the type of eviction case or its location, you should expect a screening of some kind, either in person, on the phone or by remote video-conference. And because of that screening process, you may not meet your attorney on the day you first appear in court.
Usually, the first step involves a paralegal, court attorney or staff from a legal service organization asking a few questions of you — like what your income is, how many people live with you and whether you receive public assistance. They will then refer you to the legal service provider assigned to that court.
Here is a list of all the nonprofit legal services providers in the five boroughs that are paid by the government and contracted with the Office of Civil Justice, part of the city Department of Social Services, to provide free legal help to tenants.
You may briefly speak with your attorney that first day, but more likely they will reach out to you on another day by phone, email or text, said Matthew Tropp, director of the housing unit in The Bronx for the Legal Aid Society.
“Normally, the expectation is they would have an attorney before their next court date. The cases typically are getting adjourned. That first court date is for them to go through the process of speaking with the legal service provider,” he said.
Definitely don’t expect for your case to move forward or be resolved on the first day, said Jenny Laurie, executive director of the nonprofit Housing Court Answers.
“There’s virtually no situation where a legal service provider would take a client and move forward on that first day,” she said.
How long does the process take?
It really depends on the day and which Housing Court you’re in, but Tropp says that first day where defendants are being screened “could definitely take a few hours.” Be prepared to wait.
Overall, cases take “at least six months” to be fully resolved, he said. And don’t expect a trial.
“Most cases do not go to a trial like people see on TV,” he said. “Most cases end up settling.”
That means there will be a lot of back-and-forth between the landlord’s attorney and your attorney, if you are lucky enough to be assigned one.
Remember that if you are assigned an attorney, your landlord should talk only to that lawyer about the case, not to you. If they try to negotiate with you separately, or pester you with court-related questions, refer them to your legal representative.
What should you prepare before you go to court or talk to your attorney?
Laurie of Housing Court Answers says “start collecting your documents.” That could include rent receipts, a copy of your lease, records of things in the apartments that haven’t been repaired or services that aren’t being provided.
It’s not a bad idea to take pictures of the condition of the apartment, as well. And in court, it’s smart to ask for an inspection because, if damage, necessary repairs or neglected conditions are confirmed, “that is a really solid defense against a non-payment case,” said Laurie.
I didn’t get an attorney assigned to my case, but I need help. Where else can I get legal advice?
There are many free resources in the city that can help you educate yourself about your rights and how to proceed in court. A good place to start is on Housing Court Answers’ legal resources page or the Office of Civil Justice’s list of contracted, nonprofit legal services providers in the five boroughs. Many of the city’s legal services providers and legal advocacy groups maintain hotlines where people can get free legal guidance or referrals. They include:
If you are looking for a private attorney, but don’t know where to look, the New York City Bar Legal Referral Service can help direct you and charges $35 for a half-hour consultation. The service is available at 212-626-7373 for English and 212-626-7374 for Spanish.
Never been to Housing Court before? If you’re overwhelmed, experts say keep these things in mind:
1. Don’t self-evict.
If you get papers from court, don’t panic and move out of your apartment. Read the documents, appear in court when they say to and know that it takes time to work through an eviction case. Marshals will almost certainly not be at your door tomorrow.
2. Always go to court.
Experts say appearing on the dates you are assigned to appear in Housing Court is a must. “You may be frightened of it, but more bad things will happen if you don’t show up than if you do,” said Laurie.
3. Ask questions.
Tropp says no matter which Housing Court you’re going to, you’ll always start at security. As a first step, ask the court officers at the metal detectors where you should go, or ask them where you can get more information. Laurie suggests finding staff of the court and saying, “I don’t understand if I’m in the right place.”
4. Look up your case’s records.
Experts say those in Housing Court should keep their eye on this tracking system from the courts to access all of the documents filed on the docket for their case, and to check when their next court date is scheduled. Get the index number for your case; that will make it easier to check.
5. Take your time.
Laurie says you shouldn’t leave court “without understanding what’s happening.” Ask for help if you need it from court personnel, and understand that “it won’t all be over in one day.”
Have a question? Have something to add that other New Yorkers should know? Email [email protected] or tell us through Ask Nellie, our portal for anything you’d like to ask THE CITY newsroom.
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