Los Angeles County Considers Groundbreaking Right to Counsel Law to Assist Renters in Eviction Cases

Los Angeles, California — Los Angeles County may soon offer a significant boost to tenants facing eviction by providing them with free legal representation. The county supervisors have moved forward with a plan to establish a “right to counsel” ordinance that would assist renters, particularly in the county’s unincorporated areas, where some one million residents could benefit. This proposal requires one more vote before it can be written into law.

The initiative aims to address the disproportionate legal expertise often available to landlords over tenants. Currently, while most landlords have legal assistance in housing courts, data shows that only about 3% of tenants have similar support. This stark contrast puts tenants at a significant disadvantage, often threatening their housing security.

Last year, Supervisors Holly Mitchell and Hilda Solis introduced the right to counsel initiative, which has been hailed by supporters as a potential game-changer for renters. If passed, it could considerably shift the balance of power during eviction proceedings. Supervisor Mitchell noted the critical need for accessible legal services for tenants, many of whom are priced out of quality legal aid.

In contrast, critics of the proposal, like Supervisor Kathryn Barger, argue that the measure represents a balanced approach to a complex issue, suggesting that previous county policies have leaned too heavily in favor of renters.

The plan comes in the wake of similar policies enacted in cities like New York City, San Francisco, and Philadelphia. These cities have seen some success in leveling the judicial playing field between landlords and tenants. If approved, the L.A. ordinance would take effect in 2025, targeting assistance towards renters earning less than 80% of the area’s median income – approximately $110,000 for a family of four.

However, landlord groups have expressed concerns, arguing that such legal assistance might unnecessarily prolong inevitable evictions, primarily when cases are related to non-payment of rent. Accordingviews like those of Daniel Yukelson, executive director of the Apartment Association of Greater Los Angeles, the proposal could increase costs for landlords, who ultimately may pass these on to other tenants.

The envisioned program is set to cost about $21 million in its initial year and would involve contracting non-profit legal aid groups to provide representation. Proponents argue that the cost is justified, citing cases where legal representation has significantly helped tenants negotiate and sometimes completely avoid eviction.

During the recent supervisors’ meeting, several tenants shared poignant stories of their struggles with housing stability. One tenant described a sudden and steep rent increase after an investor purchased her building, while another spoke of living in her car with her family because they couldn’t afford rent.

Amid these personal accounts, some landlord advocates suggest that allocating funds for direct rental assistance might be more effective than funding legal defenses against eviction. Joshua Howard of the California Apartment Association pointed out that helping tenants cover unpaid rent could prevent evictions from occurring in the first place.

The funding for this program is currently projected to come from federal pandemic-relief dollars in its first year. For subsequent years, officials hope to finance the initiative through a half-cent homeless sales tax that voters will consider this November.

Supporters remain hopeful that the ordinance will not only provide immediate help through legal representation but also foster a more equitable process in housing disputes, potentially giving tenants a fighting chance to stay in their homes longer or avoid eviction altogether.