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Research Article

Do Lawyers Matter? Early Evidence on Eviction Patterns After the Rollout of Universal Access to Counsel in New York City

, , &
Pages 540-561
Received 02 Mar 2020
Accepted 15 Sep 2020
Published online: 25 Nov 2020

ABSTRACT

One of the primary eviction prevention measures jurisdictions across the country have taken is to expand access to free legal counsel for low-income tenants facing eviction. In 2017, New York City became the first jurisdiction to enact universal access to counsel (UAC), guaranteeing free legal representation to all low-income tenants facing eviction in the city’s housing courts, and other cities are also starting to channel significant resources into programs designed to increase representation in eviction proceedings. Proponents argue that access to counsel will reduce the incidence of evictions and decrease levels of homelessness. Research, however, has yet to evaluate these claims rigorously. We aim to address this gap by examining the effectiveness of legal representation in preventing evictions. Specifically, we study the early implementation of UAC in New York City and use its sequential rollout across ZIP Codes to study impacts on both individual case outcomes and broader eviction patterns. We find relative increases in legal representation for treated ZIP Codes after the adoption of UAC. We also see small relative (and absolute) reductions in the share of filings resulting in executed warrants after UAC was implemented in the earliest ZIP Codes.

Acknowledgments

We would like to thank Maxwell Austensen, Charles McNally, Matthew Murphy, Camille Watson, and two anonymous reviewers for very helpful comments on prior drafts of this article. Joy Kim provided excellent research assistance. Although this research was conducted by the faculty directors of the Furman Center, which is affiliated with NYU’s School of Law and Wagner Graduate School of Public Service, it does not purport to present the institutional views (if any) of NYU or any of its schools.

Disclosure Statement

No potential conflict of interest was reported by the authors.

Additional information

Notes on contributors

Ingrid Gould Ellen

Ingrid Gould Ellen is the Paulette Goddard Professor of Urban Policy and Planning at New York University’s (NYU) Robert F. Wagner Graduate School of Public Service and a Faculty Director at the NYU Furman Center. Professor Ellen has published books and numerous articles on housing policy, community development, and residential segregation.

Katherine O’Regan

Katherine O'Regan is Professor of Public Policy and Planning at NYU’s Robert F. Wagner Graduate School of Public Service and a Faculty Director at the NYU Furman Center for Real Estate and Urban Policy.  She has written extensively on affordable housing policy and issues of segregation and neighborhood change.

Sophia House

Sophie House is a Legal Fellow at NYU’s Furman Center for Real Estate and Urban Policy, where her research spans issues of homelessness, housing instability, and fair housing. She holds a J.D. from Yale Law School, an MPhil from the University of Oxford, and a BA from NYU.

Ryan Brenner

Ryan Brenner is a Data and Policy Analyst at NYU’s Furman Center for Real Estate and Urban Policy, where he uses data science to monitor and evaluate urban policy. He holds a J.D. from Michigan State University, a MS from New York University, and a BS from Colorado State University.
 

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