The Real Estate Board of New York to The Committee on Oversight and Investigations Regarding Right to Counsel in Housing Court

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The Real Estate Board of New York (REBNY) is the City’s leading real estate trade association representing commercial, residential, and institutional property owners, builders, managers, investors, brokers, salespeople, and other organizations and individuals active in New York City real estate. REBNY thanks the Committee for the opportunity to provide testimony at today’s oversight hearing on Right to Counsel in Housing Court.  

Equal access to legal representation in Housing Court is important, which is why REBNY has long supported New York City’s Right to Counsel program. Since its inception in 2017, the Right to Counsel Program has been critical in decreasing evictions, supporting family stability, and lowering homelessness rates among low-income New Yorkers. Notably, a recent New York City Comptroller report found that in 2024, 89% of households that were represented by an attorney remained stably housed. 

According to the NYC Eviction Lab, monthly eviction filings remain below pre-pandemic levels as of March 2025. However, the New York City Comptroller found that the citywide Right to Counsel representation rate has dropped 29% between FY 21 and FY 24.  

Unfortunately, most eviction filings are for non-payment of rent, and a total of 70,391 non-payment eviction warrants were issued in New York City between January 2025 and September 2025, according to the NYS Unified Court System, with most of these cases concentrated in the Bronx and Brooklyn. Importantly, claim amounts in Housing Court continue to trend upward. Eviction Lab data indicates that the median eviction claim is now over $5,780, up roughly 93% from pre-pandemic averages of $3,000. In addition, 22% of filings involve more than six months of unpaid rent. These trends point to a substantial increase in the length of eviction proceedings, exacerbating financial distress for both tenants and property owners.  

Adequate funding for the Right to Counsel program is essential, but the program alone will not effectively prevent evictions. Tenants also deserve sustained investment in rental assistance programs that prevent New Yorkers from entering Housing Court in the first place. REBNY shares the Council’s goals of strengthening and improving the administration of the City’s housing voucher programs, which are a proven, cost-effective way to reduce rent burdens and improve family outcomes. 

REBNY also supports state-level eviction prevention efforts and encourages the Office of Civil Representation to identify and connect tenants to available sources of public assistance that may be accessed to address outstanding rent arrears. Ensuring that tenants can access ongoing rental support where needed will further enhance housing stability and reduce pressure on the Housing Court system. 

In addition, Housing Court must be well-resourced for the Right to Counsel program to function effectively and achieve its intended impact. Adequate staffing – including a greater number of judges - enables efficient timelines, facilitates prompt access to rental assistance, and helps prevent the continued accumulation of rent arrears while cases are pending. Reducing the administrative and financial strain on both tenants and property owners is critical to advancing the City’s progress towards preventing unnecessary evictions. 

REBNY looks forward to working with the Council and all other stakeholders to advance solutions that keep New Yorkers in their homes. 

Thank you for your consideration of these points.