‘Right to Counsel’
The Board of Supervisors this week voted unanimously to create a so-called “Right to Counsel” ordinance aimed at ensuring legal representation for eligible tenants facing eviction in unincorporated areas.
The move would essentially codify into law a program the county began in 2020 to offer support services to tenants, including education programs to inform them of their legal rights and to offer income-eligible tenants legal representation and rental assistance.
According to a motion by Supervisors Holly Mitchell and Hilda Solis, since the Stay Housed LA County program began, it has provided limited legal services and assessments to more than 15,700 tenant households, and full-scope legal representation to about 2,400 households. But with COVID-era tenant protections easing and more residents facing eviction, county supervisors said they want to expand the program to ensure tenants have legal representation if they are facing the loss of their homes.
“The Center for American Progress estimates that nationally, only 10 percent of tenants facing eviction in the County have legal representation, compared to 90 percent of landlords,” the motion states.
In a unanimous vote, the board directed its attorneys to return within 10 months with a “Right to Counsel” ordinance, with the goal of ensuring legal representation for eligible tenants in unincorporated areas by the 2024- 25 fiscal year. The board also directed the director of the Department of Consumer and Business Affairs to report back in 180 days with a plan for a phased expansion of the program to extend the same legal representation guarantee to eligible tenants in all county areas outside the city of Los Angeles, with the goal of universal access by 2030-31.
While the board approved the advance of the program, the question remains about how it will be funded. A DCBA report earlier this year estimated the cost of implementing a Right to Counsel ordinance at $22 million for the first year alone. The original Stay Housed LA County program was funded with $2 million in Measure H anti-homelessness funds and another $8.7 million from the Affordable Housing Trust Fund. The motion notes that county officials will have to work to identify funds to continue and expand the program.
More than 100 people filled the county board room to speak for or against the measure, and testimony took more than two hours. Those in favor of the law spoke of the alleged inequity of the current eviction process.
Supervisor Kathryn Barger said, “This just provides a level playing field for tenants. It is a help for those who most need it.”
Although the RTC program would primarily apply to residential tenants, Supervisor Janice Hahn stressed that it would also apply to small “Mom and Pop” businesses that rent their premises from landlords.
“Legal representation is often unaffordable and inaccessible for many working people, especially when hit with an eviction notice,” Mitchell said in a statement following the vote. “Right to Counsel allows us to remove these barriers and helps thousands of residents maintain their housing. This is a necessary part of our strategy to end homelessness and sets us on a path to provide universal access to legal representation — a resource that every Angeleno deserves.”