Housing Committee
JOINT FAVORABLE REPORT
Bill No.: HB-6531
AN ACT CONCERNING THE RIGHT TO COUNSEL IN EVICTION
Title: PROCEEDINGS.
Vote Date: 3/11/2021
Vote Action: Joint Favorable Substitute
PH Date: 3/4/2021
File No.:
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
Rep. Michel- 146th District
Sen. Anwar- 3rd District
Rep. Gilchrest- 18th District
REASONS FOR BILL:
Currently, 7 cities across the country have instituted right to counsel laws in eviction
proceedings. After the eviction moratorium is lifted, more than 40,000 Connecticut residents
could face eviction during an unprecedented global pandemic. Within eviction proceedings,
tenants are much less likely than landlords to be represented by counsel. This bill seeks to
address these concerns by providing counsel to tenants who do not have the ability to hire
one.
RESPONSE FROM ADMINISTRATION/AGENCY:
Connecticut Judicial Branch, External Affairs Division HAS CONCERNS REGARDING HB 6531
stating the bill could require legal representation, training, and workshops to educate one
party involved and not both. Furthermore, funding would need to be allocated in order to
provide all the provisions the bill requires.
NATURE AND SOURCES OF SUPPORT:
Ashley Blount SUPPORTS stating evictions are damaging to tenants physiological,
mental, and emotional health. This bill would help alleviate these issues.
CT Women's Education and Legal Fund - SUPPORTS stating that 11% of women and 31%
of Hartford women live in poverty and are unable to afford counsel in eviction proceedings.
This bill would help them achieve housing stability.
Dione Dwyer SUPPORTS stating that she eviction proceedings without counsel, and it
caused a great amount of personal distress. She states it is important not just to house those
without housing, but also to consider the costs of eviction itself.
The Reverend Vicki Flippin- Pastor of First & Summerfield United Methodist Church-
SUPPORTS stating it is morally and spiritually imperative to help the most vulnerable,
including those facing evictions.
Gale Heilmann- President and Co-Director of Bridgeport Generation Now - SUPPORTS
stating "eviction is a cause, not just a condition of poverty." Eviction leads to job loss,
homelessness, and poor educational outcomes. Furthermore, Connecticut has one of the
highest rates of eviction rates in the country.
Laura Hilton- - SUPPORTS stating that she and her family faced evictions in the past, and
the prospect of eviction is itself terrifying. Even if the eviction is unsuccessful, a tenant can be
denied future housing opportunities.
Amy Meyerson- President of the CT Bar Association- SUPPORTS stating CT ranks among
the worse states in the country when it comes to evictions, especially in cities like Hartford
and New Haven. This leads to many more people of color, and especially women of color,
facing eviction proceedings. These evictions push women of color in to poverty, and increase
shelter social services, and child welfare costs.
Shannon O'Malley, Assistant Professor of Clinical Pediatrics at Yale School of Medicine -
SUPPORTS stating that housing insecurity is especially damaging for children. More than
100,000 homeless children nationally. This bill provides stability for children and their
families, leading to better health and education outcomes.
Will Robbins- SUPPORTS stating pro-bono services cannot possible address the need for
affordable counsel in eviction proceedings, this bill would address this concern.
Sarah White- Attorney for the CT Fair Housing Center- SUPPORTS WITH AMENDMENTS
reiterating that Connecticut has one of the highest eviction rates in the country. Every dollar
spent of legal counsel aid has returns ranging from twice to as much as twelve times as
much. However, the bill would be better suited if the program was run through a non-profit
such as the CT Bar Foundation, or an office in a state agency. Furthermore, there should be
an advisory committee, and tenants should be able to apply for a lawyer for court hearings
regarding Section 8 and RAP vouchers.
Olivia C - SUPPORTS stating she faced eviction in September of 2020 and had she not
had found a program to get her a lawyer, she fears she would be homeless. A right to
counsel would protect other tenants like her.
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Jacey Long- SUPPORTS stating the bill works to level to playing field between tenants and
landlords. 73% of LGBT Americans face housing discrimination, while one out of ten trans
and gender non-conforming people have been evicted due to their gender identity.
Alice Rosenthal- Senior Staff Attorney for the Center for Children's Advocacy - SUPPORTS
stating that access to stable housing is critical for children's physical and mental health. A
lack of counsel can cause housing instability for a family, disrupting a child's access to
schooling and healthcare.
Kelly McConney Moore- Interim Senior Policy Counsel for ACLU-CT- SUPPORTS stating
the United States Supreme Court has expanded the right to counsel through rulings such as
Johnson v. Zerbst and Gideon v. Wainwright. These rulings did not, however, give people the
right to counsel in many civil cases. In Connecticut, it is more likely for at least one person
involved in a civil case to not have counsel, then for both to have counsel. This is especially
true in eviction cases where tenants have representation 10% of the time while landlords
have counsel 90% of the time. Residents should have a fundamental right to counsel in
eviction cases.
Zoe Ackerman- SUPPORTS stating more than 45,000 residents will face eviction when the
moratorium is lifted. Access to counsel provides options for tenants. The bill would also lower
the amount spent on social services and public health.
Ivan Albert SUPPORTS stating it is cruel to force tenants into a legal process without a
lawyer. While 7% of tenants have counsel in eviction proceedings, landlords have
representation 80% of the time. If a tenant has representation, the odds of removal is
reduced from 44% to 21%. With 45,000 residents facing eviction once the moratorium is
lifted, this bill is necessary to protect tenants.
James Bhandary-Alexander- Legal Director of the Medical-Legal Partnership Program at the
Solomon Center for Health Law and Policy at Yale Law School - SUPPORTS stating 9 out
of 10 tenants do not have representation in eviction proceedings. Access to counsel would
provide relief to the trauma tenants can face in eviction proceedings.
Tamsyn Ambler- SUPPORTS stating that with counsel present, the likelihood that a tenant
is evicted drops from 44% to 21%. In cases were a tenant did not have counsel, a landlord
obtained a judgment of possession for non-payment, while in cases where a tenant had
counsel that proportion drops to 3.%. The state must guarantee the right of counsel to protect
tenants.
Black and Brown United in Actions- SUPPORTS stating that evictions are a driver in health
inequality: people of color face higher rates of COVID than white people. Furthermore, 7
cities across the country offer a right to counsel. In New York City, there has been a 77%
decrease in evictions with 86% of tenants facing evictions staying in their homes. In
Cleveland there has been a 93% decrease in evictions. A right to counsel holds support
across the political spectrum: with 75% of Democrats, 71% of independents, and 8% of
Republicans in favor.
Liam Brennan- Executive Director of CT Veterans Legal Center- SUPPORTS stating
housing is a key component of public health. While 7% of tenants have counsel in eviction
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proceedings, 80% of landlords do. Furthermore, while veterans make up only 7% of the
general population, they make up 12% of the homeless population. A right to counsel limits
the power imbalance between tenants and landlords.
Deborah Brody- SUPPORTS stating that New York City has passed a similar law which
lead to 77% less evictions in the city and believes that the bill would lead to less costs overall
for tenants and landlords.
Polly Brody- SUPPORTS stating tenants do not have adequate access to counsel,
especially during the COVID pandemic. This bill addresses these concerns.
Pearson Caldwell- SUPPORTS stating more than 3,000 Connecticut families have faced
evictions in the past 10 months. Only 7% of tenants have counsel in eviction proceedings,
while landlords are represented 80% of the time. Connecticut's housing crisis is not new: 4
cities in the state are in the rank in the top 100 for eviction rates nationally. New York and
other cities have instituted a similar law to great effect: New York City saw a 77% decrease in
evictions, Philadelphia found that tenants with representation avoided eviction 95% of the
time, and for every dollar spent on counsel a city saved between $2.40 and $12.74.
D.K. - SUPPORTS stating that COVID has had a negative impact on housing. As a student
and parent, D.K is unable to stay in their apartment and is to vacate the property on March
31st. Without access to counsel, D.K and their family will become homeless.
Amy Eppler-Epstein- Attorney for the New Haven Legal Assistance Association- SUPPORTS
stating that people have much harder time living fulfilling lives if they do not have a home.
Homelessness is especially dangerous during a pandemic and stay-at-home orders. While
90% of landlords have counsel in eviction proceedings, 90% of tenants do not. As counsel for
tenants, she has been able to secure unemployment insurance for clients and helped them
provide arrearages to their landlords.
Justin Farmer- SUPPORTS stating Connecticut has some of the highest eviction rates in
the country: New Haven has an eviction rate of 4.05% which is the 69 th highest in the country.
A right to counsel saves money: Baltimore found a $5.7 million investment in a right to
counsel lead to $35.6 million in benefits for the city.
Timothy Gabriele- SUPPORTS stating that while tenants have representation 7% of the
time in eviction proceedings, landlords have it 80% of the time. This becomes particularly
problematic as more than 40,000 residents face evictions once the moratorium is lifted. This
bill would provide a great benefit to tenants: when New York instituted a right to counsel,
evictions fell by 77%.
Sarah Ganong, Campaign Director for the CT Working Families Party- SUPPORTS stating
that the state has one of the highest rates of eviction in the country, particularly when it
comes to Black women. Hartford, Waterbury, Bridgeport, and New Haven have some of the
highest eviction rates of any cities in the country. A right to counsel provides savings not just
in legal fees, but it also boosts the local economy as less people lose their jobs and access to
education due to homelessness.
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Zenida Gonzalez- SUPPORTS stating that many tenants who want counsel cannot afford it:
7% of tenants have counsel in eviction proceedings while landlords have counsel 80% of the
time. This bill would help make the eviction process fairer by making tenants less
disadvantaged within the proceedings.
Carolyn Graves- SUPPORTS stating she was the victim of predatory lending in the past,
was unable to afford counsel and lost her home. The chance of eviction drops from 44% to
21% if the tenant has counsel. A right to counsel would reduce the mental and emotional
stress tenants experience during an eviction proceeding.
Noel Grisanti- SUPPORTS stating that shelter is a core human need. Eviction is both a
cause and a condition of poverty, and this is especially true for the 45,000 people in the state
who face eviction when the moratorium is lifted. Ultimately, a right to counsel saves money:
returns have ranged from 2:1 to 12:1.
Leanne Harpin- SUPPORTS People have been faced with layoffs due to the pandemic,
leading to financial instability for many. Research has shown that a dollar spent on providing
counsel creates anywhere from $2.40 to $12.74 in savings. The state has an obligation to
create a safety net for those facing housing instability.
Grave Holleran- SUPPORTS stating the COVID pandemic has exasperated the housing
crisis: more than 40,000 could face eviction when the moratorium is lifted. Black and Hispanic
families are twice as likely as white families to face eviction. Counsel helps protect tenants
from eviction: those with counsel were evicted 21% of the time, while those without were
evicted 44% of the time.
Khadija Hussain- SUPPORTS stating a right to counsel has reduced evictions in New York
City. This bill could be critical tool to assist the more than 45,000 residents who face evictions
after the moratorium is lifted.
Alexander Kolokotronis- SUPPORTS stating he and his family suffered under a hostile
landlord. His father's death threw his family into disarray and they lost their home. Ninety-
three percent of tenants lack representation in housing court in Connecticut. A right to
counsel would empower tenants, ensuring them some protection in housing court. Limiting
evictions also brings about greater health, educational, and economic outcomes for tenants.
Nathan Leys- SUPPORTS stating that cities across the country have instituted a right to
counsel with great success. Philidelphia gets $12.91 back for every dollar spent on counsel
services, Los Angeles gets $4.80, Baltimore $6.24, and in New York City the city received
$320 in new savings.
Vanessa Liles- SUPPORTS stating tenants who receive representation are only evicted
21% of the time, compared to tenants who lack counsel who are evicted 44% of the time.
Sal Luciano- President of the CT AFL-CIO- SUPPORTS stating the housing crisis has been
made worse due to the pandemic. Cities across the country, including in neighboring New
York City, have passed laws granting counsel in eviction cases, leading to a reduction of
eviction in these jurisdictions. Connecticut should provide this same relief to its residents.
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Melissa Marichal- Attorney at the CT Fair Housing Center- SUPPORTS stating Black and
Hispanic renters are twice as likely to have an eviction filed against them than a white renter.
Eviction can lead to homelessness, joblessness, and negative health outcomes. They can
even face eviction blacklisting. Tenants only have counsel in eviction proceedings in 7% of
cases, while landlords have counsel 80% of the time. This inequality leads to damaging
outcomes for tenants. Some cities, however, have passed right to counsel laws, and have
seen huge benefits. In New York City, 86% of tenants with counsel were allowed to stay in
their homes, that number is 67% in San Francisco and 93% in Cleveland.
Luke Meolonakos-Harrison- SUPPORTS stating that a former landlord failed to return a
$1600 security deposit. Even though he was able to win back the money in small claims
court, it highlighted the power imbalance inherent in the tenant-landlord relationship. Rents
have been increasing for nearly two decades, and Connecticut is one of the least affordable
states in the country. With 40,000 residents facing eviction after the moratorium is lifted, and
an additional 70,000 residents behind on rent, a right of counsel is critical to their housing
security.
Margaret Middleton- CEO of Columbus House- SUPPORTS stating that while her
organization has helped 450 people find permanent housing during the pandemic, this bill
would help reduce homelessness for all residents in the state.
John Murphy- UAW Region 9A- SUPPORTS stating that New York City was able to pass a
similar law with the support of UAW lawyers, with other cities following suit. A successful pilot
program in Waterbury has shown this sort of assistance can work in Connecticut too.
Abdul Osmanu- SUPPORTS stating that landlords have institutional tools that tenants lack.
When tenants have counsel the chance that an eviction proceeding results in their eviction
drops form 44% to 21%.
Raphael Podolsky- CT Legal Services- SUPPORTS stating that while there is a right to
counsel exists in criminal cases, it does not exist in civil cases. In eviction proceedings, 81%
of landlords have counsel while only 7% of tenants have representation. A tenant having an
attorney decreases the likelihood that a tenant will be evicted.
Stephen Poland- SUPPORTS stating that as 40,000 residents will face eviction when the
moratorium is lifted, a right to counsel is needed more than ever. This bill is a systemic way to
address housing inequality.
Noah- SUPPORTS stating they are a non-binary person and HIV positive. During the
pandemic, they were forced to vacate their apartment putting them in danger due to their
medical status. They were assisted by legal counsel and helped them navigate their housing
situation. Having access to an attorney would help many tenants maintain their housing
situations.
John Pollock- National Coalition for Civil Rights Counsel- SUPPORTS stating COVID has
been especially detrimental to people of color: 51% of Black tenants and 42% of Hispanic
tenants have little confidence that they will be able to pay rent. A right to counsel has been
consistently shown to reduce the likelihood a tenant is evicted. Despite arguments to the
contrary, a right to counsel does not overflow the legal system, nor does it increase court
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costs: in New York where a similar law was passed, courts have run more smoothly and
more cheaply. Connecticut is not alone in looking to create this right, it is one of many states
ranging from Maryland to Nebraska.
Jason Ruiz- Bridgeport Mutual Aid- SUPPORTS stating that COVID has negatively
impacted housing stability. Many of the people his organization assists are Spanish-speaking
immigrants who are not eligible for federal stimulus. Access to counsel in eviction
proceedings would help address some of the suffering of those his organization assist.