Philadelphia City Council Authorizes Hearings to Examine Landlord-Tenant Concerns and Right To Counsel For Tenants
Following an investigative report revealing widespread lead poisoning and significant rates of unlicensed rentals in Philadelphia, City Council has authorized hearings to examine the impact of eviction and substandard housing on the health and well-being of low-income renters and to examine solutions that would improve the safety and stability of rental housing, including the right to counsel.
Among the issues Council will examine are the continued threats posed by lead, mold, and electrical hazards, as well as growing housing cost burdens on Philadelphia renters. Additionally, Council will examine the potential for supporting a right to counsel for low-income renters in landlord-tenant disputes such as eviction proceedings. New York City has already made major commitments to expand access to legal assistance for tenants and a similar proposal is currently under consideration in Washington, D.C.
“Access to safe, affordable, and quality housing is a human right. And yet, thousands of Philadelphia families each year face displacement from their homes or are subjected to uninhabitable living conditions. Philadelphia can and must work to ensure that all our residents, especially those who are low-income, have access to housing that meets our City Code,” said Councilmember Helen Gym (At Large), who introduced the resolution calling for the hearings. “We must also work to safeguard the rights of tenants to challenge substandard housing and defend themselves in landlord-tenant disputes.”
The resolution notes the crisis of affordable housing for low-income renters, the lack of landlord compliance with certain safety requirements, and the dire consequences of eviction (including "loss of employment, missed schooling, and damage to physical and mental health", as well as stigma, damage to credit, and blacklisting). It then makes strong statements in support of a right to counsel:
- A substantial number of people dealing with substandard housing or facing eviction proceedings live in poverty, cannot afford or obtain counsel to represent them, and must appear in court unrepresented despite the fact that eviction proceedings are technical legal proceedings in which rules of evidence and procedural and substantive law apply;
- Unrepresented parties operate on an uneven playing field, with 80-85% of landlords having legal representation in Philadelphia landlord-tenant court while only 5-8% of tenants have such representation;
- Representation in eviction proceedings keeps people in their homes and communities and out of the homeless shelters and provides fundamental fairness and due process for those who face imminent loss of housing by negotiating time and payment agreements, helping navigate court processes, addressing substandard housing conditions, and defending against retaliation;
- Reviews of Philadelphia Municipal Court data has shown that tenants with attorneys are far less likely to be evicted and more likely to assert their right to safe and habitable housing that meets code requirements
- Investing in a right to counsel for tenants is cost-effective, is one of the best measures to prevent evictions, housing instability, and homelessness, and is an essential tool in combating poverty and improving the health and wellbeing of the city’s residents and communities.
The cosponsors of the resolution are: María Quiñones-Sánchez (7th District), Cindy Bass (8th District), Jannie Blackwell (3rd District), Kenyatta Johnson (2nd District), Bobby Henon (6th District), and Derek Green (At Large).