Tenants’ Right to Counsel: How a new law could help you avoid eviction in Kansas City
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On Thursday, Kansas City Council passed a law that will guarantee you legal representation if you’re facing eviction starting as soon as this summer.
The program, called Tenants’ Right to Counsel, provides a free lawyer to anyone being sued for eviction by their landlord in Kansas City. Previously, tenants had no legal right to an attorney.
“Having a lawyer means the difference for a tenant between being housed and being homeless,” said Gina Chiala, Executive Director and Lead Attorney for the nonprofit Heartland Center for Jobs and Freedom, at an event last week.
Here’s what the new law means and how it could help you avoid eviction.
What is the Tenants’ Right to Counsel program?
Tenants’ Right to Counsel is a program that guarantees tenants free legal representation when a landlord sues them for eviction. That means you could get a free lawyer to help you navigate the court process.
The program also includes outreach to educate tenants in the community about their right to an attorney, and access to mediation services aimed at preventing evictions from happening in the first place.
Who is eligible for Tenants’ Right to Counsel in Kansas City?
The program is available to anyone facing eviction, and is not restricted based on income.
How will Tenants’ Right to Counsel work?
As soon as a landlord files an eviction lawsuit, the tenant can get access to a lawyer provided by this program.
The law says someone from the city it will reach out within 10 days of the eviction filing to remind tenants of this right and how to exercise it.
The new law also adds special city staff and a Tenant’ Right to Counsel Advisory Committee to oversee the program.
When does the program start?
The city needs to find the money to kick off the program within three months, and it needs to contract with the nonprofit legal service providers that will be the attorneys for the program by June 1, 2022.
Does legal representation cost anything?
For tenants, no. Representation under this program will be free of charge.
The city is estimating that the program will cost about $2.5 million each year. Money from the federal government will pay for the program for the first two years, after which the city will find a permanent funding source.
What difference does it make when tenants have lawyers?
If evidence from other cities holds true in Kansas City, it means the number of evictions could drop.
Kansas City is the 13th American city to implement a Tenants’ Right to Counsel program. In the first two years of a similar program in New York City, the total number evictions fell 20% in the neighborhoods included in the program, and 85% percent of tenants who got free attorneys were able to ward off evictions.
While local landlords have legal representation in around 90% of court cases, tenants rarely do, according to data gathered by KC Tenants and the Heartland Center.
KC Tenants, Stand Up KC and the Heartland Center for Jobs and Freedom—who pushed the city to create Right to Counsel—hope the program will change those dynamics and give tenants more power in court.
How many people could this help?
Potentially, a lot. Chiala said roughly 9,000 eviction cases are filed in Jackson County every year.
And tenants comprise 46% of Kansas City’s residents. Of those, 44% are considered rent-burdened, which means they pay more than 30% of their income toward rent and are at higher risk of eviction if they face an emergency or unexpected hardship.
If you’re facing eviction, what should you do?
Three organizations in the Kansas City area currently offer legal services to tenants: The Heartland Center, Legal Aid of Western Missouri, and the Tenant Representation Initiative at UMKC Law School.
Until the Right to Counsel program is implemented starting in the summer, these are the groups to contact if you receive a notice to vacate or any other indication that you may be forced out of your home.
A landlord cannot physically remove you from your home without a court order. They also cannot evict you in Kansas City for asking about repairs, organizing with other tenants, or for federally protected reasons like your skin color, gender, religion or race.
Do you have questions about the Right to Counsel program, your rights as a tenant, what to do if you can’t pay rent or something else? Ask our Service Journalism team at kcq@kcstar.com or using the form below.
This story was originally published December 9, 2021 at 6:02 PM.
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