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OLR Bill Analysis
sHB 6531
AN ACT CONCERNING THE RIGHT TO COUNSEL IN EVICTION
PROCEEDINGS.
SUMMARY
This bill establishes a state-wide “right to counsel program,” to
provide free legal representation to income-eligible tenants, lessees, or
occupants of any residential building or land (i.e., “covered
individuals”) in an eviction proceeding or administrative proceeding
necessary to preserve a state or federal housing subsidy or to prevent a
proposed lease termination (i.e., covered matter”).
Under the bill, the right to counsel program must be administered
by the organization that administers the program under existing law
that funds legal services to the poor using interest earned on lawyers’
clients’ funds accounts (i.e., “administering entity”).
The bill requires the administering entity, within available funding,
to contract with designated organizations (i.e., not-for-profit legal
services organizations) to provide legal representation under the
program. Additionally, it requires the administering entity to:
1. appoint a 15-member advisory committee to advise on matters
affecting the program;
2. in consultation with the advisory committee and designated
organizations, (a) determine how to phase in the program based
on certain relevant factors and (b) approve a plain-language
notice for landlords and certain others to inform individuals of
their rights under the program; and
3. starting by January 1, 2023, annually report to the Housing
Committee on the number of individuals represented under the
program, the extent of the representation, case outcomes, and 2021HB-06531-R000172-BA.DOCX
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tenant engagement and education.
The bill also specifies that it does not establish any right enforceable
by a covered individual against a designated organization or the
administering entity.
EFFECTIVE DATE: October 1, 2021
RIGHT TO COUNSEL PRO GRAM
Program Eligibility
Under the bill, the right to counsel program is available to income-
eligible residential tenants, lessees, or occupants who are parties in an
eviction or certain administrative proceedings as described above. The
bill specifies that it applies to any residential land or building,
apartment, or dwelling unit, including trailers or mobile manufactured
homes and associated lots.
Under the bill, an individual is “income-eligible” if he or she:
1. has household income at or below 80% of the state median
income adjusted for family size, as determined by the U.S.
Department of Housing and Urban Development (HUD), at the
time of the request for representation;
2. receives one of the following types of public assistance: (a)
Temporary Assistance for Needy Families, (b) Supplemental
Nutrition Assistance Program benefits, (c) Medicaid, (d)
Supplemental Security Income, (e) refugee resettlement benefits,
(f) state rental assistance program, or (g) federal Housing
Choice Voucher Program; or
3. is unable to timely secure legal representation for a covered
matter because of language, disability, or other good cause, as
determined by the designated organization.
Designated Organization’s Minimum Standards
The administering entity, within available funding, must contract
with designated organizations to provide legal representation under 2021HB-06531-R000172-BA.DOCX
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the program. Under the bill “legal representation” in the program
means high-quality legal representation and all legal advice, advocacy,
and assistance associated with the representation, subject to and in
accordance with the Rules of Professional Conduct.
A designated organization must:
1. have substantial expertise in (a) housing and landlord tenant
law and (b) furnishing free legal assistance to eligible
individuals;
2. have a demonstrated history of serving the low-income
community;
3. identify the geographic area in which the organization provides
legal representation;
4. have a plan to reach and provide legal representation to
income-eligible individuals with limited English proficiency;
5. incorporate paralegals, legal interns, or law students, as
appropriate, to provide services when supervised by legal
counsel; and
6. provide appropriate supervision and training.
A designated organization may subcontract with a nonprofit or
community organization to provide legal representation and tenant
outreach and education under the program.
Advisory Committee
Under the bill, the administering entity must appoint a 15-member
advisory committee, which it must convene at least three times per
year to advise on matters and policies affecting the program. At least
three committee members must be tenants, including at least one
tenant who is a member of an “extremely low-income household” (i.e.,
household income does not exceed 30% of the state median income, as
adjusted for household size, as determined by HUD). 2021HB-06531-R000172-BA.DOCX
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The advisory committee members must be from diverse regions of
the state, including income-eligible tenants; community-based
organizations engaged in tenant outreach, education, or organizing;
and nonprofit organizations providing free legal services to tenants.
Each member must have a demonstrated commitment to eviction
prevention and housing stability.
Relevant Factors to Phase in The Program
The bill requires the administering entity, in consultation with the
advisory committee and designated organizations, to determine how
to phase in the program based on all relevant factors, including the:
1. prioritization of certain groups of individuals by income, zip
codes, census tracts, or other priority criteria they develop;
2. availability of program funding;
3. number of available trained legal services attorneys; and
4. scope of the need for legal representation.
Funding
The bill allows the administering entity to receive funds or services
from the government, corporations, associations, or individuals to pay
the cost of: (1) administering the program and (2) providing legal
representation, tenant outreach and education, and attorney training.
PLAIN-LANGUAGE NOTICE OF T ENANTS’ RIGHTS
In consultation with the advisory committee and designated
organizations, the administering entity must approve a plain-language
notice to inform tenants of their rights under the program. The notice
must be available to the public and include a phone number for
information and applying for assistance.
The bill requires an owner, lessor, or landlord; their agent or legal
representative; a housing authority; or a housing subsidy program
administrator, as applicable, to attach a copy of the plain-language
notice to a (1) notice to quit delivered to a covered individual pursuant 2021HB-06531-R000172-BA.DOCX
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to an eviction proceeding, (2) summons and complaint for a summary
process eviction action, (3) lease termination notice for a public or
subsidized housing unit, and (4) notice to terminate a state or federal
housing subsidy.
Under the bill, the court must include similar plain language
information in any notice scheduling a mediation or hearing that is
sent to a self-represented party in an eviction proceeding.
COMMITTEE ACTION
Housing Committee
Joint Favorable Substitute
Yea 10 Nay 5 (03/11/2021)