Senator Booker (D-NJ), Reps. McIver (D-NJ), Lee (D-PA) Introduce “Eviction Right to Counsel Act”

By Kayla Blackwell, NLIHC Housing Policy Analyst and Kayla Springer, NLIHC Policy Intern  

Senator Cory Booker (D-NJ) and Representatives Summer Lee (D-PA) and LaMonica McIver (D-NJ) introduced the “Eviction Right to Counsel Act” (S. 2463) on July 24. The bill, endorsed by NLIHC, aims to expand free legal representation for low-income tenants facing eviction as rents skyrocket and eviction filings surge nationwide.  

The bill would establish a federal fund, administered by HUD and authorized at $100 million annually, to support the implementation of right to counsel legislation by state, local, and Tribal governments. To be eligible to apply for the fund, jurisdictions must provide full, free, legal representation to tenants with incomes at or below 200% of the federal poverty line facing eviction or loss of their housing subsidy. The bill prioritizes funding for jurisdictions that have adopted additional tenant protections, such as a right to lease renewal, just cause eviction laws, and longer notice periods for evictions.  

“For years, NLIHC has called for a national right to counsel fund to help renters stay in their homes and mitigate harm when eviction is avoidable,” said NLIHC President and CEO Renee M. Willis. “I applaud Senator Booker for introducing the ‘Eviction Right to Counsel Act’ to ensure low-income tenants have legal representation when their housing is most at risk. Eviction defense attorneys can make the difference between a renter staying in safe, stable housing or homelessness, and the right to counsel helps tenants know their rights and find support in navigating the complicated eviction process.” 

The United States has never recognized a federal right to counsel for civil cases, such as eviction, which has left many low-income tenants vulnerable to homelessness and housing instability and levied hefty costs on local governments for subsequent emergency shelter, health care, and other social services. “Renters facing eviction are often left defenseless without an attorney to represent them. By creating a grant program to support communities that offer a right to counsel for those facing eviction, we will make our housing system more equitable and provide substantial cost savings to both local governments and overburdened housing services across the country,” said Senator Booker.  

NLIHC has long supported measures to keep tenants safely and stably housed and urges Congress to combat the nation’s growing eviction crisis by passing the “Eviction Right to Counsel Act.” A national right to counsel is included in the National Tenants Bill of Rights, a platform for federal tenant protections released jointly by NLIHC, the National Housing Law Project, and the Tenant Union Federation. The comprehensive proposal was written with direct input from tenant leaders, people with lived experience of housing instability, legal aid experts, and advocates nationwide.  

Endorse the National Tenants Bill of Rights here! 

Read the press release here.  

Find the full text of the bill here.  

Learn more about the right to counsel for tenants facing eviction in the US here.  

Read about the National Tenants Bill of Rights here and endorse the tenant protections platform here.