Why did LA take the ‘right’ out of the city’s plans for a renter’s ‘right to counsel’ in eviction court?

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• LA's plan to give renters free eviction attorneys as a ‘right’ moves forward

The Los Angeles City Council’s housing committee is set to vote Wednesday on a plan to give tenants facing eviction a free attorney to fight for them in court.

But in contrast to other cities with established “right to counsel” programs, the proposal up for a vote in L.A. clearly states that renters would have no “right” to a city-funded eviction lawyer.

The city’s draft of the plan currently says, “This ordinance does not establish a right to city-funded counsel in eviction proceedings.”

Instead, the proposal calls the effort a “City-Funded Counsel for Tenants Program” that would give renters free representation “subject to the availability of funding.”

Advocates say the plan has been watered down

Pablo Estupiñan, director of the Right To Counsel campaign with Strategic Actions for a Just Economy, said he was surprised by that language.

“Every council vote has been unanimous in moving this right to counsel ordinance forward,” he said. “I don't really understand why the draft did not align with the city council directives.”

The current draft of the ordinance was prepared by the office of L.A. City Attorney Hydee Feldstein Soto. Her spokesperson told LAist the office would not comment on the draft’s wording.

The proposal is still in early stages. It could be altered before being sent to the full city council for a final vote. Advocates hope the council’s housing committee will ask for amendments clarifying that renters at imminent risk of losing their housing will receive a lawyer.

“When you're a tenant being evicted, you only have five days to answer once you get served,” Estupiñan said. “It's important that you know that you have a right to counsel.”

Will the city lag behind the county?

Still, Estupiñan said, those amendments would take time to craft and bring back for further votes. It all means that any final vote would likely be delayed.

“That's why it was frustrating,” he said. “I see it as a step back in moving this process along.”

Last month, the L.A. County Board of Supervisors voted unanimously in favor of establishing a “Tenant Right to Counsel” on Jan. 1, 2025 for low-income renters facing eviction in unincorporated parts of the county. The proposal to launch the $24.5 million program still needs a final vote, a hurdle it is expected to clear.

The city’s proposal was first introduced in February 2023 by Councilmember Nithya Raman, chair of the council’s Housing and Homelessness Committee. Since then, L.A.’s housing department has determined that a fully funded right to counsel program would cost the city about $68 million per year.

Advocates say that investment would be recouped by savings in re-housing programs for people who, without legal aid, would have been evicted into homelessness.

Landlord groups have pushed back on local "right to counsel" proposals. They say the tens of millions in forecast costs would be better spent on rent relief for tenants on the brink of eviction.

Now, the question is whether the council will be able to pass its version in time to coincide with the county’s program.

Why it matters

Right now, tenants across Southern California have no right to an attorney in civil eviction proceedings if they can’t obtain one on their own. A 2019 study found that more than 95% of tenants are going into L.A. eviction courtrooms without a lawyer, facing landlords who have legal representation in 88% of cases.

The city remains in a longstanding housing crisis, with more than half of renters paying above what federal guidelines say is affordable for housing costs.

The lack of affordable housing is a key element in the region’s homelessness crisis, as people continue to fall into homelessness at a rate that makes it hard for local leaders to make progress on getting people off the streets and into permanent housing.

How to monitor the committee hearing

• What: L.A. City Council Housing and Homelessness Committee Meeting
• When: Wed., Aug. 7 at 2:30 p.m.
• Where: John Ferraro Council Chamber, Room 340, City Hall, 200 North Spring St., Los Angeles. Committee meeting audio will also be broadcast live at this link.
• How to comment: This committee will only take public comment in person.

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