A Descriptive Analysis of Tenant Right to Counsel Law and Praxis 2017-2024.

Abstract

This article provides the first comprehensive description of state and local tenant right to counsel (RTC) policies. From July 2017 through June 2024, five states, 17 cities, and one county passed legislation to formally create a right to legal counsel for tenants in eviction proceedings. These policies contain heterogeneous provisions, including their intended purposes, design and administration requirements, eligibility criteria, and when in the eviction process the right is triggered. This study describes laws as adopted in legislation through policy surveillance and legal mapping methods and examines how policies are executed on the ground through qualitative methods that capture the perspective of multiple stakeholders. The pairing of policy surveillance and legal mapping techniques with qualitative interviews demonstrates where real-world implementation both meets and diverges from legislative requirements and identifies barriers that prevent full implementation of the right to counsel, as well as its systemic benefits. In light of the dearth of national information on implementation of RTC programs, the descriptive, qualitative, and analytic framework detailed herein provides researchers, policymakers, and practitioners with instructive insights for evaluating, refining, and advancing RTC policies.