NYC Tenant Representation Crisis: What It Means If You're Facing Eviction Alone

More than half of NYC tenants facing eviction now appear in Housing Court without a lawyer. Despite New York City being the first jurisdiction in the country to guarantee legal representation for low-income tenants, a crisis in funding and capacity means thousands of eligible New Yorkers are navigating the court system alone.

If you're facing an eviction case in 2025, here's what you need to know about the representation crisis—and how to protect yourself if you end up without legal counsel.

What Happened to Right to Counsel?

In 2017, New York City became the first jurisdiction in the country to pass a Right to Counsel (RTC) law, guaranteeing free legal representation to low-income tenants facing eviction. The programme was a model for tenant advocates nationwide.

But several factors have combined to overwhelm the system:

• Eviction filings surged 440% after the pandemic moratorium ended, from approximately 33,000 active cases to 177,000
• Funding hasn't kept pace with demand, leaving legal service providers understaffed
• Attorney attrition at legal service organisations ranged from 20-55% in 2022
• Caseloads exceed recommendations—housing attorneys now handle 50-80 cases annually, well above the recommended maximum of 48

The result: even tenants who qualify for free legal help often receive only brief advice rather than full representation throughout their case.

Why Representation Matters So Much

The statistics are stark. According to the NYC Office of Civil Justice, 89% of tenants who received full legal representation in FY 2024 were able to remain stably housed. Without representation, tenants are far more likely to receive default judgments, agree to unfavourable settlements, or miss critical defenses.

Outcome	With Lawyer	Without Lawyer
Avoid eviction	89%	Significantly lower
Default judgment risk	Low (lawyer ensures filings)	High (missed deadlines)
All defenses raised	Yes	Often incomplete
Negotiate settlements	Experienced negotiator	May accept poor terms

The Bronx Crisis

Nowhere is the crisis more acute than in the Bronx, where eviction filings are overwhelmingly concentrated. Representation rates have collapsed from 81% in 2021 to just 31% in 2024.

This means roughly 7 out of 10 Bronx tenants facing eviction are now appearing in court without a lawyer—in a borough with some of the city's most vulnerable populations.

What to Do If You Can't Get a Lawyer

If you're facing eviction and can't secure full legal representation, you still have options. Taking these steps can significantly improve your chances:

1. File Your Answer Before the Deadline

This is the most critical step. If you don't file an Answer, the court can enter a default judgment against you—meaning you lose automatically without the court hearing your side.

For nonpayment cases, you typically have 10 calendar days from when you were served. For holdover cases, deadlines vary based on how you were served.

2. Visit the Housing Court Help Center

Each borough's Housing Court has a Help Center where you can get assistance from court staff and volunteer attorneys. They can help you understand the petition, complete forms, and identify defenses.

Arrive early on your court date—Help Centers can get busy, and you'll want time before your case is called.

3. Know Your Potential Defenses

Even without a lawyer, you can raise defenses that may apply to your case:

• Improper service — Were you properly served with the petition?
• Defective rent demand — Did the demand accurately state amounts owed?
• Good Cause Eviction protections — Does the new law (effective April 2024) protect you from unreasonable rent increases or unwarranted evictions?
• Warranty of habitability — Has your landlord failed to maintain the premises?
• Retaliatory eviction — Were you targeted for complaining about conditions or organising with neighbours?
• Rent overcharge — If rent-stabilised, is your rent correct?

4. Gather Your Evidence

Bring organised documentation to every court appearance:

• Your lease agreement
• Rent receipts or bank statements showing payments
• Photos of repair issues (with dates)
• Copies of complaints to landlord or 311
• Any correspondence with your landlord
• HPD inspection reports if available

5. Request an Adjournment If Needed

If you need more time to gather evidence, seek legal help, or prepare your case, you can ask the court for an adjournment. See our guide to requesting adjournments for more details.

Free Legal Resources to Try First

Before paying for any services, try to access free legal help:

Be persistent. Call multiple organisations. Explain that you have an upcoming court date and ask specifically whether they can provide full representation or only brief advice.

What Happens If You Get Brief Advice Only

Due to capacity constraints, many tenants now receive only "brief legal services" rather than full representation. This typically means:

• A short consultation explaining your rights
• Help understanding the petition against you
• Possibly help completing forms
• But no lawyer appearing with you at hearings or negotiations

If this happens, take careful notes during your consultation. Ask specifically: What defenses apply to my case? What should I include in my Answer? What should I say at my hearing?

The Good Cause Eviction Advantage

One piece of good news: the Good Cause Eviction law that took effect in April 2024 gives many market-rate tenants new protections. If you qualify, your landlord cannot evict you without a legitimate reason, and rent increases above 8.79% (as of February 2025) are presumptively unreasonable.

This defense can be powerful—even without a lawyer. But you must raise it in your Answer. The court won't apply it automatically.

The Bottom Line

The tenant representation crisis is real, and it's making an already difficult situation harder for New Yorkers facing eviction. But even without a lawyer, you can take steps to protect yourself:

1. File your Answer on time — This is non-negotiable
2. Raise all applicable defenses — Including Good Cause if you qualify
3. Gather evidence — Photos, receipts, correspondence
4. Use free resources — Help Centers, hotlines, legal aid
5. Stay organised — Bring everything to every court date

The 89% success rate for represented tenants shows that defenses work. Even without a lawyer making arguments for you, putting those defenses on paper—in a properly formatted Answer filed on time—gives you a fighting chance.

What Clear Draft Can Do For You

We're not lawyers, and we can't represent you in court. But we can give you professionally drafted documents that put your best case forward.

Here's what we provide for NYC tenants:

• Answers to Eviction Petitions — Properly formatted for NYC Housing Court, including general denials, all applicable affirmative defenses, and counterclaims where appropriate. From $125.
• Good Cause Eviction Defenses — If you qualify under the new law, we'll draft the specific language to raise this protection in your Answer.
• Motions to Dismiss — If the petition has defects (improper service, defective rent demand, wrong parties), we draft the motion to challenge it.
• Order to Show Cause — If you've missed a deadline or received a default judgment, we can draft the papers to reopen your case.
• HP Action Complaints — Force your landlord to make repairs through Housing Court. We draft the complaint documenting the conditions.
• Affidavits and Supporting Documents — Sworn statements, witness affidavits, and other supporting papers your case may need.

How it works: You fill out our intake form with your case details. We review the information and draft your documents within 48 hours. You receive professional Word documents ready to print, sign, and file. We'll include filing instructions specific to your borough.

Fixed pricing, no surprises: You'll know exactly what you're paying before we start. No hourly billing, no hidden fees. If your case needs additional documents, we'll quote those separately.

We're not a substitute for a lawyer — if you can get full legal representation, take it. But if you're one of the thousands of NYC tenants navigating Housing Court alone, we can help you show up with documents that look professional and raise every defense you're entitled to.