Eviction Right to Counsel Act of 2025
- Bill Number
- H.R. 4761
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Housing and Community Development
- Status
- Introduced
- Latest Action
- 2025-07-25: Referred to the House Committee on the Judiciary.
- Last Updated
- 2025-12-05T22:49:02Z
AI-Generated Summary
Purpose
The Eviction Right to Counsel Act of 2025 aims to support state, local, and tribal governments in providing free legal representation to low-income tenants facing eviction or loss of housing subsidies. It establishes a federal funding mechanism to encourage and assist the implementation of "right to counsel" laws, which guarantee full legal help at no cost to eligible tenants.
Key Provisions
- Definitions:
- Covered individual: A tenant with income at or below 200% of the federal poverty line (a measure of low income based on U.S. guidelines).
- Covered proceeding: Court or administrative cases involving eviction from a primary home or termination of a housing subsidy.
- Right to counsel legislation: Laws requiring free, full legal representation for eligible tenants in these cases.
- Eligible entity: State governments (including D.C. and territories), local governments, or Indian Tribal governments.
- Eviction Right to Counsel Fund:
- Creates a dedicated fund in the U.S. Treasury.
- Authorizes $100 million annually from fiscal years 2026 through 2030 to finance grants.
- Grant Program (Administered by the Secretary of Housing and Urban Development):
- Grants awarded to eligible entities that have passed right to counsel laws or are financially responsible for carrying them out.
- Applications must include a certification of compliance.
- Funds can cover costs of the legislation, such as training resources for attorneys who represent tenants.
- Priority given to entities with additional tenant protections, such as:
- Limits on "no-fault" evictions (evictions not caused by tenant wrongdoing).
- At least 30 days' written notice before eviction.
- Programs to divert cases from court (e.g., mediation).
- Emergency rental aid.
- Or, entities planning to use funds for recruiting and training lawyers to serve tenants.
Significant Changes to Existing Law
- This bill introduces new federal funding for civil legal aid in eviction cases, which is not currently mandated or funded at the national level. Previously, access to lawyers in such cases varies by state and is often limited for low-income people, with no uniform federal support. It does not create a nationwide right to counsel but incentivizes states and localities to adopt it through grants.
Potential Impacts
- On Citizens: Low-income tenants (especially those below 200% of poverty) could gain better access to lawyers, potentially reducing unfair evictions, homelessness, and housing instability. This might lead to more balanced court outcomes, as tenants without representation often lose cases.
- On Government Agencies: The Department of Housing and Urban Development (HUD) gains responsibility for managing the grant program, including applications and oversight. State, local, and tribal governments may see reduced fiscal burdens for legal aid programs but must enact or fund tenant protections to qualify.
- On International Relations: No direct impact, as this is a domestic housing policy focused on U.S. jurisdictions.
- Broader effects could include lower court backlogs from diversion programs and increased demand for legal services in high-eviction areas.
Main Stakeholders Affected
- Low-Income Tenants: Primary beneficiaries, gaining free legal help to defend against eviction.
- State, Local, and Tribal Governments: Recipients of grants; must implement or support right to counsel laws to participate.
- Landlords and Property Owners: Indirectly affected, as stronger tenant defenses could make evictions more challenging or time-consuming.
- Attorneys and Legal Aid Organizations: Benefit from funding for training and recruitment to handle eviction cases.
- HUD and Federal Taxpayers: HUD administers the program; funding comes from congressional appropriations.
Notable Legal, Constitutional, or Political Implications
- Legal: Enhances access to justice in civil eviction proceedings, where there is no current constitutional right to a government-provided lawyer (unlike criminal cases under the Sixth Amendment). It builds on voluntary local programs without overriding state laws.
- Constitutional: Aligns with due process principles (Fourteenth Amendment) by addressing imbalances in civil courts, though it avoids mandating representation federally to respect state autonomy.
- Political: Promotes tenant rights and anti-poverty efforts, potentially sparking debates on federal involvement in local housing policy, property rights, and spending priorities. As an incentive-based approach, it encourages progressive reforms without coercion, but funding limits ($100 million/year) may constrain nationwide coverage.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (11)
Rep. McIver, LaMonica [D-NJ-10], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Tlaib, Rashida [D-MI-12], Rep. Jackson, Jonathan L. [D-IL-1], Rep. Ramirez, Delia C. [D-IL-3], Rep. Jayapal, Pramila [D-WA-7], Rep. Simon, Lateefah [D-CA-12], Rep. Ansari, Yassamin [D-AZ-3], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Evans, Dwight [D-PA-3], Rep. Carson, André [D-IN-7]
Recent Actions
- 2025-07-25: Referred to the House Committee on the Judiciary.
- 2025-07-25: Introduced in House
- 2025-07-25: Introduced in House
Bill Versions
- Eviction Right to Counsel Act of 2025 — issued 2025-07-25 — PDF (5 pages)