The Housing Right to Counsel Project helps D.C. residents on the brink of eviction stay in their homes by connecting them with the legal representation they need. The Project is composed of a coalition of legal service providers and law firms, led by Legal Aid DC, and guarantees a free lawyer to tenants who receive a housing subsidy in eviction cases. We focus on these tenants because they face a particular risk: When someone with a subsidy is evicted, they can lose that subsidy—and likely their ability to live in the District.
With the housing affordability crisis at an all-time high in the District, the Housing Right to Counsel Project relaunched in late 2023. More than 20 law firms committed to accepting nearly 150 pro bono eviction case referrals by the end of 2024. The attorneys volunteering their time help prevent low-income families from facing the devastating and long-lasting impact of losing their home.
Pictured: Legal Aid DC client Lakecia King
*Data available as of July 8, 2024
8 have met at least 50% of their case commitment
12% of these cases have been resolved, all of them favorably
Covington & Burling was the first law firm to meet its Housing Right to Counsel case commitment. The firm has taken on 8 eviction cases so far with the support of 13 attorneys. Of the firm's cases resolved to date, all have been favorable for the client.
Facing eviction from an apartment rife with housing code violations, Diamond Moore connected with Matthew Cohen of Crowell & Moring through the Housing Right to Counsel Project.
When Matthew took on the case, he found that Ms. Moore and the five children in her care were living with rodents, holes in the ceiling and walls, and broken appliances and electrical outlets, among other problems. Ms. Moore filed a housing conditions case with help from Children’s Law Center and stopped paying rent until repairs were made. Without addressing all of the housing conditions issues, her landlord then sued to evict her.
Matthew stepped in, and with the documented housing code violations, responded to the eviction lawsuit with a counterclaim against the landlord on behalf of Ms. Moore.
“I found it outrageous, and likely an unlawful retaliation, that the landlord sued to evict Ms. Moore over unpaid rent totaling less than $1,000,” he said. “I wanted to help her and the children maintain a roof over their heads and obtain the necessary repairs to bring the unit to code.”
When the case reached mediation, Matthew advocated for Ms. Moore and stressed the severity of the conditions and the high likelihood that a jury would rule in her favor if it went to trial.
The next day, he followed up with a settlement offer, and the landlord accepted. Under the agreement, the landlord agreed to drop the eviction case, waive all of Ms. Moore’s overdue rent (by this time totaling about $4,000), and make the remaining repairs within 30 days.
Matthew’s intervention ensured that Ms. Moore’s family would not lose their housing, while also helping to hold her landlord accountable for the poor conditions in the apartment.
“It is important for tenants to have access to counsel in these cases because for most, their lives are literally dependent on the outcome,” Matthew said. “Without an attorney, the odds are stacked against them. Navigating landlord-tenant court alone and defending a case pro se against a sophisticated counsel is incredibly difficult."
The Project is making progress toward reaching our goal, and the number of cases placed has increased in each of the previous four months. We’re hopeful that by the end of 2024, our law firm partners will be able to fulfill their commitments, and that their success will bring increased commitments and new firms into the Project next year.
The Project’s work so far is an important step toward ensuring that every tenant facing eviction has access to legal representation.
Using public court records, the Project sorts through eviction case filings to identify tenants who receive a housing subsidy. Legal Aid DC sends letters to one out of every three eligible tenants on a randomized basis letting them know they’re guaranteed a lawyer and encouraging them to reach out to one of the legal service providers or the Landlord-Tenant Legal Assistance Network hotline.
Once the tenant connects with one of the providers, the case is either referred to a law firm or taken on by one of the legal service provider partners.
Legal service providers: Legal Aid DC, Bread for the City, Legal Counsel for the Elderly, Neighborhood Legal Services Program, Rising for Justice, and the DC Bar Pro Bono Center, with support from the DC Council, DC Access to Justice Commission, and the DC Bar Foundation.
Law firms: Alston & Bird, ArentFox Schiff, Arnold & Porter, Beveridge & Diamond, Blank Rome, Cleary Gottlieb, Covington, Crowell, Dechert, DLA Piper, Hogan Lovells, Hunton Andrews Kurth, Jenner & Block, Latham & Watkins, Morgan Lewis, Orrick, Paul Hastings, Sidley Austin, Skadden, and Steptoe, plus the pro bono programs of the federal government and the Office of the Attorney General for the District of Columbia.
Want to learn more about the Housing Right to Counsel Project and how you can get involved? Reach out to Pro Bono Program Director Sylvia Soltis at ssoltis@legalaiddc.org.
