If you are a New York City tenant facing eviction, you may be entitled to a free attorney — at no cost to you — through NYC’s Right to Counsel program. This law, officially the Universal Access to Counsel Act, guarantees legal representation to income-eligible tenants in housing court. It is one of the strongest tenant protections in the country, and many New Yorkers who qualify don’t know it exists.
What Is the Right to Counsel?
Enacted in 2017 and fully phased in by 2022, NYC’s Right to Counsel law guarantees free legal representation to income-eligible tenants in all five boroughs who are facing eviction proceedings in NYC Housing Court. The law recognizes that the power imbalance between tenants — who typically appear in court without legal training — and landlords, who almost always have attorneys, leads to unjust outcomes. A tenant with a lawyer is substantially more likely to remain housed than one without.
Who Qualifies for Free Legal Help?
You are eligible for Right to Counsel representation if you meet both criteria:
- You are a tenant in NYC Housing Court — meaning you have been served with housing court papers (a nonpayment petition, a holdover petition, or a notice of petition) by your landlord.
- Your household income is at or below 200% of the Federal Poverty Level — approximately $29,160 for a single person and $60,000 for a family of four (figures adjust annually).
There is no asset test. Immigration status does not disqualify you. You do not need to have a current lease. The right applies to all tenant-initiated housing court cases as well.
How to Get a Free Attorney Through Right to Counsel
Option 1: Housing Court Help Centers (Walk-In)
Every NYC borough housing court has a Right to Counsel Help Center staffed by attorneys and legal advocates. If you receive a housing court notice, go to the help center as soon as possible — ideally before your first court date. Staff will assess your eligibility and connect you with free representation.
- Bronx Housing Court: 1118 Grand Concourse, Bronx
- Brooklyn Housing Court: 141 Livingston Street, Brooklyn
- Manhattan Housing Court: 111 Centre Street, Manhattan
- Queens Housing Court: 89-17 Sutphin Blvd, Jamaica, Queens
- Staten Island Housing Court: 927 Castleton Ave, Staten Island
Option 2: Call or Apply Before Your Court Date
You do not have to wait until you arrive at court. Contact these organizations as soon as you receive housing court papers:
- NYC Eviction Prevention Hotline: Call 311 and ask for “eviction prevention legal assistance”
- Eviction Free NYC: evictionfreenyc.org — find a provider by borough
- Legal Aid Society: (212) 577-3300 or legalaidnyc.org
- Legal Services NYC: (917) 661-4500 or lsnyc.org
- Bronx Defenders: (718) 838-7878
- Brooklyn Defender Services: (718) 254-0700
- Queens Defenders: (718) 286-2000
Option 3: On Your Court Date
If you arrive at housing court without an attorney, go immediately to the Right to Counsel desk or ask the court clerk to direct you. Do not go before the judge alone without first asking about your right to free counsel. Judges are required to inform unrepresented tenants of the Right to Counsel, but knowing to ask puts you in control.
What Can a Right to Counsel Attorney Do for You?
An attorney provided through Right to Counsel can:
- Represent you at all housing court proceedings
- Negotiate with your landlord or their attorney to resolve the case
- Challenge improper eviction procedures (improper notice, failure to maintain the apartment, retaliatory eviction)
- Identify if your apartment is rent stabilized and you’re being overcharged
- Connect you with rental assistance programs including CityFHEPS
- File counterclaims if your landlord has violated housing code or your lease
- Help you understand and negotiate a payment plan or settlement
- Appeal a housing court decision
Even If You Don’t Qualify: Free Limited Legal Help
If your income is above 200% of the Federal Poverty Level but you still can’t afford an attorney, the following resources provide free limited legal assistance:
- NYC Housing Court’s Self-Help programs — free forms, guides, and assistance completing court paperwork at all borough courts
- New York Legal Assistance Group (NYLAG): nylag.org — sliding-scale and limited free services
- Law school clinics — NYU, CUNY, and Fordham law schools operate housing clinics with supervised student attorneys
- Housing Court Answers: (212) 962-4795 — phone advice for self-represented tenants
What to Do the Moment You Receive a Housing Court Notice
- Do not ignore the papers. A default judgment against you can be entered if you don’t respond.
- Note your court date immediately. It is printed on the notice of petition.
- Contact an attorney or Right to Counsel provider before your court date.
- Gather your documents: lease, rent receipts, any communications with your landlord, photos of apartment conditions.
- Do not move out voluntarily just because you received court papers — eviction requires a court order and a marshal’s warrant, not just papers being served.
Frequently Asked Questions
Does Right to Counsel apply if I am being evicted for nonpayment?
Yes. The right applies to all eviction proceedings in NYC Housing Court — including nonpayment cases, holdover cases, and owner-use cases — as long as you meet the income threshold.
I haven’t received court papers yet but my landlord is threatening eviction. Can I get free legal help?
Yes. You don’t need to have a court case already filed. Organizations like Legal Aid Society and Legal Services NYC provide free advice and can help you respond to landlord threats before court papers are even served.
My immigration status is undocumented. Can I still get Right to Counsel?
Yes. Immigration status is not a factor in Right to Counsel eligibility. NYC’s legal aid organizations are experienced in serving tenants of all immigration statuses and are not required to share your information with immigration enforcement.
What if the free attorney assigned to me doesn’t speak my language?
NYC Housing Court provides interpreters for all proceedings, free of charge, in over 200 languages. Legal aid organizations also have multilingual staff or access to interpreters. Do not proceed in a language you don’t fully understand — ask for an interpreter.
Can my landlord’s attorney refuse to deal with my Right to Counsel attorney?
No. Once you are represented by counsel, all communication between you and the landlord must go through your attorney. Your landlord’s attorney cannot contact you directly.
