Articles & Reports
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“The data shows very clearly that the right-to-counsel program is saving thousands of renters from losing their homes,” Preston, who wrote the measure before becoming a supervisor, told KQED. “It has been an incredibly effective program in saving people from homelessness, saving the city a lot of money and really has been a resounding success.”
"It is time we provided poor families and individuals facing eviction what they need most in their hour of need: A lawyer who can help them keep their homes. .... Please tell your legislator to support access to counsel. It’s a moral issue. It is
humane, it is fair, it is economical. And it is time." “It’s terrible to be there without an attorney,” she said. “I was asked so many questions, and I didn’t know the answers because I didn’t know how the law works. At some point I didn’t even know I was allowed to ask questions.”
"Massachusetts can save millions of dollars, prevent homelessness and help struggling low-income families – both tenants and owner-occupant landlords – keep a roof over their heads by providing legal representation during the eviction process."
"[Senator] DiDomenico told the Joint Committee on Housing...that his bill is a matter of justice and equity, and he signaled the proposal could potentially be incorporated into a more comprehensive housing bill this session."
"Senator Lydia Edwards and Representative Mike Connolly, joined by 60 of their colleagues, launched the Housing for All caucus in the Massachusetts Legislature. At the inaugural meeting, legislators presented their priority housing policy ideas for the current legislative session on a myriad of topics including: homelessness prevention, tenant protections, support for first-time homebuyers, affordable housing production, zoning reform, revenue to support local affordability, anti-discrimination, and civil rights. "
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"If an eviction is filed, tenants should be given 30 days’ notice of an eviction action and the right to counsel during an eviction proceeding. "
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"Access to legal representation changes lives. As Right to Counsel programs are enacted across the country, the time for a Right to Counsel program in Massachusetts is now."
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It Should Take More Than 10 Minutes to Evict Someone, New York Times, January 13, 2022 |
"Many people will soon face, and in some cases are already facing, the possibility of being evicted during winter, forced from their homes to face the cruel cold alone during the Omicron wave."
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Reimagining the Future of Massachusetts Report, MassSenate, October 5, 2021 |
"To ensure a fairer process, Massachusetts should guarantee tenants a right to counsel..."
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Mass. Renters on the South Coast were Twice as Likely to be Evicted Despite Federal Moratorium, WBUR News, Sept. 8, 2021 |
"It came down to a matter of feeding the kids or paying the rent." Crystal Newhall, New Bedford.
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"Tenants are more likely to avoid eviction and remain stably housed when they have access to legal representation...We encourage state and local governments to use ERA and Fiscal Recovery Funds to...launch right to counsel programs..."
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Right to Counsel Movement Gains Traction Shelterforce, July 16, 2021 |
"'It's not fair because it was never designed to be fair. It was designed to be fast and cheap and easy for landlords...Being an unrepresented tenant, you don't know how the law applies in your situation, so you don't know what rights and defense you might have.'"
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Advocates see Biden order as new tool in eviction, immigration fights, The Hill, May 2021 |
"The order, signed by Biden on Tuesday, directs the Department of Justice (DOJ) to devise a plan for expanding access not just to public defenders but also to the civil court system, where legal representation is not guaranteed by the government."
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Voters Support a Right to Counsel for People Facing Eviction, The Appeal, February 2021 |
"81 percent of voters—including 87 percent of Democrats, 73 percent of independents, and 70 percent of Republicans—support a right to counsel for evictions proceedings."
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From right-to-counsel to tenant protections, Somerville leaders work to prevent displacement, Somerville Journal, September 25, 2020 |
"Somerville leaders are deeply concerned about the end of the eviction moratorium, and argue that ensuring equitable right to legal counsel is the least the state can do."
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Tenants facing eviction need legal representation, Boston Mayor Walsh, Commonwealth, September 10, 2020 |
"Now, the ongoing COVID-19 crisis presents a new level of danger. The economic fallout is threatening to spike housing instability, which could worsen the outbreak as more people seek shelter or crowd into apartments. Black and Latino families have already been hit the hardest by COVID-19, and they will be the most affected by evictions. The situation demands an urgent and targeted response."
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Report: Boston minority communities hit hardest by evictions, Associated Press, June 28, 2020. |
"Communities of color in Boston are disproportionately affected by evictions in the city, with some of the highest rates in Black communities, according to a new report released Sunday.....To combat evictions in these communities, the report calls for a number of reforms including limits on annual rent increases and expanding legal representation for low-income tenants in housing court — only 8% have legal representation compared to 85% for landlords."
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"The report estimates that at a minimum for every $1 invested in full legal representation of low-income tenants the Commonwealth can save $2.40 in shelter, health care, and foster care costs associated with homelessness."
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Staving Off an Eviction Nightmare by Expanding New Yorkers' Right to Counsel Gotham Gazette, June 21, 2020 |
"There is a simple way to prevent both the massive wave of evictions and unsafe conditions in housing courts: only allow eviction cases to proceed if tenants have access to a lawyer."
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Diverse Brockton Coalition Supports Free Lawyers for Tenants Facing Eviction The Enterprise, January 27, 2020 |
"Politicians, tenant activists and even some of the city’s largest landlords have formed a coalition in support of one of the state legislature’s boldest proposals for easing the state’s affordable housing crisis: establishing a right-to-counsel for tenants facing eviction."
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"Provide a right to counsel in eviction cases. The disparities in legal representation between landlords and tenants are well-documented... Providing those tenants with counsel would help make the playing field more level."
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"[A]n anti-eviction agenda is now practically a required element of candidates’ housing plans."
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Mass. Residents Facing Eviction Deserve Legal Representation Boston Globe, November 2019 (PDF Available here) |
"For renters who don’t have the financial means, the right to a court-appointed lawyer would level the playing field and offer them a better chance of success at staying in their homes."
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SJC Chief Justice Ralph Gants endorses right to a lawyer for tenants and landlords in eviction cases MassLive, October 30, 2019 |
As Chief Justice Gants stated: "....where so much is at stake, it is no surprise that there are various efforts across the country to broaden access to counsel in eviction cases. ... But if we are committed to residential stability, to reduce the number of evictions, and to avoid homelessness, we must do more than provide legal counsel."
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"A right to counsel has been proven to help tenants win eviction cases and stay in their homes, and it can soften the blow when eviction is unavoidable. In addition to significant benefits for individuals and families who rent their homes, this right benefits communities by preventing homelessness and preserving affordable rental homes all while saving as much as hundreds of millions of government dollars per year."
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"Since 2016, when Matthew Desmond brought national attention to evictions with his Pulitzer Prize-winning book Evicted: Poverty and Profit in the American City, local governments across the country have started using their resources to provide legal representation for tenants."
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'Someone To Speak For You': Low-Income Tenants Get Lawyers For Housing Court NPR, April 3, 2019 |
"Randy Dillard, a 63-year-old retired brick mason, said he pushed for the campaign after fighting to save his own home a few years earlier. "The fantastic part is to see the expression on the tenant's face when they realize they are going to receive a lawyer," Dillard said."
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In New York, Free Legal Help Arrives For Low-Income Tenants In Housing Court NPR, March 31, 2019 |
"We had no legal representation before. Now you have somebody to speak for you."
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As rents soar in Boston, low-income tenants try to stave off eviction WGBH and The Boston Globe February 2019 |
“It is David versus Goliath,” says Sal DiDomenico, a state senator from Everett. “People who are low income don’t have the resources to compete.” DiDomenico introduced a bill in January, an act to ensure right to counsel in eviction proceedings, to provide legal counsel to low-income tenants — part of a package of bills supported by Boston Mayor Martin J. Walsh to reduce displacement and help low-income residents.
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Massachusetts right to counsel legislation gains urgency amid rising number of evictions Curbed Boston Feb 20, 2019 |
"Proponents of providing legal aid to lower-income tenants in eviction proceedings say such a guarantee would have a twofold benefit. One, it would curb the displacement that these evictions cause—a lawyer in housing court can make the difference between getting booted from a home and holding on to it. And, two, right to counsel could save the state and localities millions annually in terms of sheltering or subsidizing those who are displaced."
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"Eviction has devastating and long-lasting consequences for low-income families. Having just one eviction on your record can make it nearly impossible to find stable and safe housing again. Being evicted also leads to depression, poorer health and higher levels of stress, and the side effects can persist for years, according to research from Rice University and Harvard University.It wasn’t until 10 years later, when I was interning at Legal Services Alabama, that I learned it was illegal for our landlord to throw our belongings on the front lawn. I think back to that time and I wonder: Could we have kept our home if we’d had a lawyer?"
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"People who are threatened with eviction, even before they lose their home, are more likely to report poor health, high blood pressure, depression, anxiety, and psychological distress. Eviction often leads to residential instability, moving into poor quality housing, overcrowding, and homelessness, all of which is associated with negative health among adults and children."
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Some cities see eviction prevention as a way to prevent homelessness NPR Marketplace, September 28, 2018 |
"Eviction is considered one of the biggest risk factors for homelessness. It can be the first step in a downward spiral for those with few resources living in expensive cities."
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"In 2016, 2.3 million evictions were filed in the U.S. These cases disproportionately affect low-income women, particularly women of color, victims of domestic violence and families with children, according to the lab."
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"...the insights of international law as well as the practical experiences of individual clients make clear that the “procedural” right to counsel and the “substantive” claim to adequate housing are deeply intertwined. Recognizing these connections, and building alliances across organizations that address these issues, can yield a powerful and nuanced strategy for change."
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"In a survey of Massachusetts judges, over 60% of judges handling housing matters reported problems due to the lack of representation. The lack of representation slows procedures, forces repeat appearances and filings, and causes an increase in court staff time in assisting unrepresented litigants. Sixty-one percent of the judges ...reported that the lack of representation “negatively impacts the court’s ability to ensure equal justice to unrepresented litigants.”
The Task Force ... concluded that every dollar invested in representation saves $2.69 in costs to the state." |
"It is well documented that housing instability has damaging impacts on parents and children.
[Recommendation] Adequately support legal representation and mediation programs that provide eviction assistance to tenants and help eligible low-income families to access income supports." |
"The findings of both pilot studies confirm that extensive assistance from lawyers is essential to helping tenants preserve their housing and avoid the potential for homelessness, including all of the far-reaching tangible and intangible costs to tenants and society generally that are associated with homelessness.
In Quincy, two-thirds of the tenants who received full representation were able to stay in their homes, compared with one-third of those who lacked representation. Even for those represented tenants who moved, they were better able to manage their exit on their own timetable and their own terms." |
"Given the scope of the problems involved with unrepresented litigants in summary process eviction cases, the Task Force recommends this as an area wherein counsel should be provided as a matter of right."
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