STAGE 1, CONCEPT 2 | Table of Contents
Eviction RTC Explained
Though the idea of a right to counsel in civil cases has been around for a long time, and while such rights exist in some states for various kinds of civil proceedings, such a right did not exist anywhere for eviction cases until recently.
Prior to 2017, no tenant in the country had a right to counsel in an eviction case, or for any kind of housing case. But in July 2017, New York City passed the first eviction RTC ordinance in the country. As of January 2025, there are 25 jurisdictions (local, county, and state) that have enacted eviction RTC laws.
In the section below, we define eviction RTC, explore where it’s been enacted so far, and discuss how the eviction RTC interacts with other housing justice policies and tenant protections.
What is the right to counsel in civil cases in general?
For over half a century, defendants in criminal cases have had a right to counsel, meaning the right to an attorney appointed by the court to represent a defendant when they can’t afford one. This is the result of the U.S. Supreme Court ruling that such a right exists under the Sixth Amendment of the U.S. Constitution.
The 6th Amendment Center has information about the right to counsel in criminal cases.
There is no similar broad constitutional right to a lawyer on the civil side generally. However, every state has passed laws establishing a right to counsel for some types of civil cases, and many state courts have held that a right to counsel exists for certain kinds of civil cases (often those relating to child custody or mental health) under a state constitution’s Due Process or Equal Protection provisions.
Even where there is no law or court decision saying that a tenant has a right to counsel, many states have laws or decisions saying that if a person asks for counsel in any type of civil case, the court must determine on a case-by-case basis whether to provide one. To see these laws, visit the NCCRC’s interactive map.
What is an eviction RTC?
There are a few pieces that must be in place for something to qualify as an eviction right to counsel (“eviction RTC or tenant RTC''). In short, an eviction RTC is an enacted law guaranteeing that all eligible tenants (where any criteria on eligibility are objective) facing eviction will receive full representation by a lawyer paid for by the government. All of these elements are explained in great detail in Section 3.4.
An eviction RTC can also be created if a court recognizes a constitutional right to counsel in evictions under a state constitution, though this has not yet happened.
Where does eviction RTC currently exist?
As of March 2025, an eviction RTC is law in 25 jurisdictions: 18 cities, 2 counties, and 5 states.
The NCCRC’s Enacted Legislation Matrix, provides details about each of the existing eviction RTC laws. In the matrix we provide an overview of what proceedings are covered, eligibility criteria, funding, evaluation, and reporting. We also maintain a civil right to counsel status map, which includes the eviction RTC laws, evaluations and reports, major press concerning each of the laws, and pending state legislation.
Check out The Right to Counsel for Tenants - A Growing Movement, a short video which goes through the jurisdictions that have enacted eviction RTC.
What are some potential limits of eviction RTC?
Eviction RTC is an important and effective tenant protection. But it does have limitations:
Eviction RTC laws often restrict which tenants are eligible. Though many cities and states have eviction RTC laws with no eligibility requirements, there are places that do. For example, in Minnesota and Nebraska, there are statewide eviction RTC laws but they only apply to public housing tenants facing certain proceedings. A number of other eviction RTC laws require the tenant’s income to be below a certain level.
Eviction RTC laws often don’t cover all tenant needs, even for eligible tenants. 13 out of the 25 existing laws extend to eviction cases and administrative cases related to the termination of a housing subsidy. Seven of those existing laws also extend to various specified affirmative proceedings (such as sealing an eviction filing, addressing an illegal or constructive eviction, or raising violations of rent control or building maintenance laws). This means that even in eviction RTC jurisdictions, tenants who are covered by the law may have an issue (like needing to sue for repairs) that is not covered by the law. For example, in Columbus, OH, only tenants with children have a right to counsel and only for eviction proceedings.
Eviction RTC laws can be less effective depending on landlord/tenant law of the jurisdiction. The effectiveness of RTC can be more limited where the landlord/tenant law provides tenants with few defenses, creates an extremely fast timeline for the eviction process, or limits the ability of judges to use their powers of equity to help tenants where appropriate, such as by granting extra time to move.
“[RTC] opens the door to conversations around a right to housing, and how fundamental housing is in people’s lives to ensure well being…If we value housing enough to give people a right to a lawyer, can we take that extra step and say we value housing enough that we believe everyone should have a right to housing?”