Fewer Eligible Tenants Get ‘Right to Counsel’ After Pandemic, Program Expansion: Report

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As evictions spike, the Independent Budget Office highlights ongoing challenges in the city’s program to provide free legal representation to low-income tenants facing eviction.

People entering Brooklyn Housing Court located at 141 Livingston Street on the morning of March 20, 2023.

As evictions climb to pre-pandemic levels, most New Yorkers facing eviction may not be getting the legal representation they are entitled to, according to a new report from the New York City Independent Budget Office.

The report, released Thursday, highlights ongoing challenges with the city’s Right to Counsel program, which promises free legal counsel to low-income tenants facing eviction.

But the report finds that only a fraction—30 percent—of eligible tenants got full legal representation under the program last year.

The report’s authors argue that a rapid expansion in eligibility, changes to eviction law and practices, and plateauing funding for the program means fewer eligible tenants receive help.

“It’s subject to funding availability and staffing availability,” said Independent Budget Office Senior Research and Strategy Officer Sarah Parker. “In some ways that ‘Right to Counsel’ language is a goal, but not a mandate.”

Only half of tenants facing eviction appear in court

To get Right to Counsel in the first place, tenants must show up in court. When they don’t, the housing court can issue a default judgement, an automatic ruling in their landlord’s favor.

There were over 125,000 eviction cases filed in 2024, according to the report.

But despite efforts to educate tenants about their rights, court appearance rates are stubbornly low. Just about half of tenants facing eviction show up, according to IBO’s report. That figure has remained around 50 percent since the program began in 2017.

Lower representation rate

When tenants do show up, they don’t always get lawyers. The rate of representation for eligible tenants plunged 40 percent after the pandemic, according to IBO.

“Outcomes are vastly improved in housing court if you as a tenant have legal representation,” said Parker.

Coming out of the pandemic in 2022, when eviction moratoria were still in place, state and federal initiatives like New York’s Emergency Rental Assistance Program (ERAP) provided a social safety net. At the time, a smaller subset of the city was eligible for Right to Counsel, and just over half of tenants had a lawyer.

In 2024, just one out of every three eligible tenants citywide facing eviction got legal representation, IBO found.

Of 62,000 cases where tenants appeared in court last year, IBO estimated 50,000 were eligible for the program. But under 15,000 got full representation in court.

Some areas of the city were better served than others. In the last quarter of 2024, 46 percent of Queens households served by the program got full representation in court compared to 31 percent in the Bronx, according to a report from the Office of Civil Justice.

Earlier this year, Comptroller Brad Lander’s office found that the top 10 zip codes for evictions were all in the South and Central Bronx.

In criminal court, Parker points out, cases cannot proceed if a client is not represented. But housing court cases can go forward without representation, despite the city’s promise of counsel to those who qualify for it.

“This is a program that is called right to counsel, but it did not legally establish a right on the part of the tenant to counsel,” said Parker.

As the number of people who received a lawyer to represent them in court declined, more clients used “brief assistance”—a one-time consultation conducted at court or through a hotline. 

That type of assistance did not include representation in housing court, but its use grew 380 percent from 2022 to 2023.

Activists rallied outside Brooklyn Housing Court last month in support of more funding for the Right to Counsel initiative on the morning of March 20, 2023. (Adi Talwar/City Limits)

More clients, same funding

Spending on the Right to Counsel program has increased every year since it started rolling out in 2018, to just under $150 million last year. But the amount has not kept pace with the demand for lawyers.

The number of people eligible for the program tripled from 2019 to 2024, IBO estimates, as legislators expanded eligibility to all tenants with income below 200 percent of the federal poverty level—about $62,000 for a family of four—and to all tenants 60 years or older.

As the program expanded citywide between 2019 and 2024, the number of eligible tenants tripled, increasing 222 percent, according to IBO’s estimate. Program funding went up only 129 percent.

Lawyers working on the program say those funding deficiencies stretch them thin.

“People were leaving because of the case loads, and this is really difficult work,” said Munonyedi Clifford, the attorney in charge of the Legal Aid Society’s citywide housing practice.

“With more money, you can get more lawyers, and you can get more qualified lawyers,” they added.

Longer cases

After the pandemic, eviction cases are taking longer to resolve, IBO observed. Longer cases may actually help improve outcomes for tenants, but can further strain Right to Counsel providers.

IBO found that before the pandemic, 93 percent of cases had a first decision within six months. But in 2023 and 2024, only 54 percent reached a decision within that time frame.

According to one of the report’s authors, Claire Salant, cases are taking longer because of 2019 changes to state law that gave tenants more time to respond to eviction proceedings. But courts are also stretched thin, with a packed calendar and few clerks to schedule hearings, the report said.

“There’s clearly a disconnect between the intent of the program as it was passed in City Council, and as providers and advocates talked about it all when it happened, and where it currently fits today,” said Parker.

As funding plateaus, need may only grow. Evictions recently reached their highest monthly rate since 2018, according to a Gothamist report.

Advocates warn that federal cuts to Medicare and Medicaid could further stress the budgets of low-income households in New York City.

“It’s heartbreaking. Tenants who are eligible for representation and should be getting representation aren’t getting representation because there’s not enough lawyers doing this work right now,” said Clifford.

To reach the reporter behind this story, contact Patrick@citylimits.org. To reach the editor, contact Jeanmarie@citylimits.org

Want to republish this story? Find City Limits’ reprint policy here.

The post Fewer Eligible Tenants Get ‘Right to Counsel’ After Pandemic, Program Expansion: Report appeared first on City Limits.

Trump administration requests emergency ruling to remove Cook from Fed board

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By CHRISTOPHER RUGABER, AP Economics Writer

WASHINGTON (AP) — The Trump administration has asked an appeals court to remove Lisa Cook from the Federal Reserve’s board of governors by Monday, before the central bank’s next vote on interest rates.

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Trump sought to fire Cook Aug. 25, but a federal judge ruled late Tuesday that the removal was illegal and reinstated her to the Fed’s board. Trump has accused Cook of mortgage fraud because she appeared to claim two properties as “primary residences” in July 2021, before she joined the board. Such claims can lead to a lower mortgage rate and smaller down payment than if one of them was declared as a rental property or second home. Cook has denied the charges.

On Tuesday, U.S. District Court Judge Jia Cobb ruled that the administration had not satisfied a requirement that Fed governors can only be fired “for cause,” which she said was limited to misconduct while in office. Cook did not join the Fed’s board until 2022.

In their emergency appeal, Trump’s lawyers argued that even if the conduct occurred before her time as governor, her alleged actions “indisputably calls into question Cook’s trustworthiness and whether she can be a responsible steward of the interest rates and economy.”

They asked an appeals court to issue an emergency decision reversing the lower court by Monday. The Fed begins its next meeting Tuesday, and will announce a decision on interest rates on Wednesday. The central bank is almost certain to reduce its benchmark rate at that meeting by a quarter-point, to about 4.1%.

Vikings place Blake Cashman and Ty Chandler on injured reserve

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The Vikings will be without linebacker Blake Cashman and running back Ty Chandler on Sunday night against Atlanta after placing both players on injured reserve on Thursday.

Minnesota Vikings running back Ty Chandler (32) during warmups before the start of a NFL preseason football game against the New England Patriots at U.S. Bank Stadium in Minneapolis on Saturday, Aug. 16, 2025. (John Autey / Pioneer Press)

It’s a hamstring injury for Cashman that occurred Monday night at Soldier Field when he was trying to chase down quarterback Caleb Williams near the sideline. Chandler suffered a knee injury on the opening kickoff, yet still finished the game.

The decision to place Cashman and Chandler on injured reserve means they are required to miss a minimum of four games. They won’t be eligible to return until the Vikings host the Philadelphia Eagles on Oct. 19.

The loss of Cashman has a ripple effect on the defense, as he typically serves as the hub of communication in the huddle. In the absence of Cashman, veteran linebacker Eric Wilson will fill that role for the foreseeable future.

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Twins’ experiment on base paths is paying off

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When Rocco Baldelli made the pitch to his team last month, imploring them to be more aggressive on the base paths, the Twins manager admits he didn’t know what would come of it. Three weeks later, he could safely say “it’s gone even better than I expected.”

One of the worst base-running teams in the majors over recent years, the Twins’ new style of play has catapulted them to among the best. Since Baldelli had this discussion with his team, the Twins have swiped 30 bases, second in the majors to just the New York Mets. Their baserunning runs above average is first in the majors in that time period, per FanGraphs.

While no individual game result holds all that much importance as the fourth-place Twins, who will return to Target Field to host the Arizona Diamondbacks on Friday, play out the rest of their season, there’s plenty within those individual games that does matter. Changing their style of play dramatically, for example, is something that will carry on well beyond the final few weeks of this season.

“It’s exciting to be able to showcase your speed or just baseball IQ, really, because you don’t have to have speed to steal bases,” third baseman Royce Lewis said. “It’s just having baseball IQ, knowing when to go, when to get a jump on a guy, on a pitcher, just paying attention to the game more.”

Lewis has seven stolen bases this season, a new career high. All but one have come since Baldelli’s talk with his team.

Everyone’s getting in on the action — it’s not just some of the team’s more traditional base-stealing threats such as Byron Buxton or Luke Keaschall. Right fielder Matt Wallner stole three stolen bases late last month in a span of two games.

“When you’ve got a guy like Wallner, who you’re obviously worried about when he’s in the box, now you have to worry about when he’s out of the box and that gives a lot more opportunity to guys that are in the box, now,” utilityman Austin Martin said. “(Pitchers are) putting the pressure on themselves, worried about the running game; then they make a mistake over the plate. So, it all correlates with each other. I’ve honestly been impressed with how well we’ve done it.”

And it goes beyond just stealing bases.

Baldelli has said multiple times that he wants his team to be the best at going from first to third in the game, for example. The Twins want players dialed in on how they can make smart and aggressive decisions on the bases. And sure, it may come with a few more outs on the bases, but it’s a learning process.

Implementing this style of play has helped players stay “more engaged in the game,” Martin said, as they become more reliant on their own instincts to make decisions on the bases rather than a sign from the dugout.

“It challenges them to think. It puts the onus on them,” Baldelli said. “(Giving) guys an opportunity and space to make decisions on their own has really brought out a lot of really good things.”

And, players say, it’s simply a more fun style of play.

“We’ve got the green light, and three weeks later we’re the best baserunning team in the league,” Martin said. “It just goes to show what we’ve had in the clubhouse and how it’s kind of been suppressed a little bit. Now that guys are playing with more free rein, just feeling like they’re allowed to just play the game their way, I think it’s showing a lot of production.”