Housing and The Human Right to Life
When UN Rapporteur for Housing Leilani Farha speaks this week at Columbia Human Rights Institute on the Right to Life, she will be speaking in one of the cities across the country that is looking seriously at providing a lawyer to tenants who appear in housing court as part of an eviction process. As reported earlier, New York City instituted a pilot program where tenants were appointed a lawyer for the process. While only 20% of the tenants were assigned lawyers, the outcomes for tenants with lawyers were significantly better than those without. Now the city is looking at the possibility of appointing counsel for all housing court involved tenants. Hearings were held in late September and speakers were overwhelmingly in favor. The movement toward appointed counsel for those who cannot afford counsel is spreading. Last week the District of Columbia held hearings on a bill that looks to enhance the availability of counsel in civil cases that involve fundamental human rights. The bill looks to fund pilot projects for access to counsel, through expanding existing legal services organizations. Among the cases that would be prioritized are housing, family integrity (custody), health care and safety (domestic violence). The bill reads “A right to counsel should attach in civil cases whenever fundamental human needs are at risk.”
In specifically addressing the need for counsel in housing cases, the bill states: “Safe, secure, and accessible housing is essential to achieving equal access to all other fundamental needs. Without housing, individuals and families cannot preserve family integrity, gain employment or other income, or enjoy access to healthcare, proper nutrition and education.” While the bill is largely aspirational, it has ignited serious human rights discussion.
Major cities are assessing the need, if not the right, to counsel in housing matters. Civil Gideon implementation is edging toward reality.
For a national perspective on the Civil Gideon movement, click here.