March 11, 2022
Guideline 6
No tenant should face eviction without access to full, quality representation by an attorney.
Commentary:
Right to counsel in eviction proceedings for tenants who cannot afford an attorney is well-established American Bar Association policy to protect the basic human need for shelter. Eviction defense is a complicated and increasingly high-stakes area of legal practice. Many of the most effective defenses are highly-technical and require detailed knowledge of state and local landlord-tenant laws and court procedures. Fair housing arguments are likewise a key component of any eviction defense advocate's arsenal, along with various consumer laws, habitability codes, equitable doctrines, and local caselaw. For tenants participating in subsidized housing programs or invoking protections related to COVID-19 or other emergencies, the complexity level is even greater - as are the stakes. Expecting tenants to effectively defend themselves in such a judicial proceeding is not realistic, and even limited-service legal clinics where tenants may receive advice or brief services on a case or representation on the day of the hearing tends to be inadequate, as many tenant defenses require advance investigation and preparation.