Eviction Right to Counsel Act of 2025
- Bill Number
- S. 2463
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Housing and Community Development
- Status
- Introduced
- Latest Action
- 2025-07-24: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
- Last Updated
- 2025-12-05T22:48:01Z
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, by establishing a federal grant program to fund these efforts and reduce housing instability.
Key Provisions
- Definitions:
- A "covered individual" is a tenant whose income is at or below 200% of the federal poverty line (a measure of low income based on family size and location).
- A "covered proceeding" includes court or administrative actions for eviction from a primary home or termination of a housing subsidy.
- "Right to counsel legislation" requires full, no-cost legal representation for these individuals in such proceedings.
- Eligible recipients include state governments (including D.C. and territories), local governments, and Indian Tribal governments.
- Eviction Right to Counsel Fund: Creates a dedicated fund in the U.S. Treasury, with $100 million authorized annually from fiscal years 2026 through 2030 to finance grants.
- Grant Program (Administered by the Secretary of Housing and Urban Development):
- Grants are awarded to eligible entities that have passed right to counsel laws or are financially responsible for implementing them.
- Applications must include a certification of compliance and are submitted as required by the Secretary.
- Funds can cover costs of the legislation, such as training resources for attorneys representing covered individuals.
- Priorities for Funding:
- Entities with additional tenant protections, such as limits on "no-fault" evictions (evictions not caused by tenant wrongdoing), at least 30 days' written notice for evictions, eviction diversion programs (alternatives to court eviction), or emergency rental aid.
- Entities that focus grant money on recruiting and training attorneys for these cases.
Significant Changes to Existing Law
This bill introduces a new federal funding mechanism not previously available, creating the Eviction Right to Counsel Fund and a grant program specifically to incentivize and support state and local right-to-counsel laws for eviction cases. It builds on existing federal poverty guidelines and housing programs but adds targeted financial support for legal aid in civil eviction proceedings, where tenants currently often lack representation.
Potential Impacts
- On Government Agencies: The Department of Housing and Urban Development (HUD) will administer the grant program, increasing its workload for applications, certifications, and oversight. State, local, and tribal governments may see reduced fiscal burdens for legal aid programs but must enact or fund compliant legislation to qualify.
- On Citizens: Low-income tenants could gain better access to free lawyers, potentially lowering eviction rates, preserving housing stability, and reducing homelessness. Landlords might face longer eviction processes due to stronger tenant defenses.
- On International Relations: No direct impacts, as the bill focuses on domestic housing policy.
Main Stakeholders Affected
- Low-Income Tenants: Primary beneficiaries, gaining free legal help in eviction or subsidy loss cases.
- State, Local, and Indian Tribal Governments: Eligible for grants but required to implement or fund right-to-counsel programs.
- Attorneys and Legal Aid Organizations: Benefit from funding for training and recruitment to represent tenants.
- Landlords and Housing Providers: Indirectly affected through potential changes in eviction laws and processes in funded jurisdictions.
- Federal Government (HUD): Responsible for managing the fund and grants.
Notable Legal, Constitutional, or Political Implications
- Legal: Enhances access to justice in civil matters by addressing the imbalance where tenants often go unrepresented (unlike criminal cases, where free counsel is a constitutional right). It promotes fairer eviction proceedings without mandating right-to-counsel nationwide—states and localities opt in via grants.
- Constitutional: Aligns with due process principles under the 14th Amendment by supporting meaningful legal representation in property-related disputes, though it does not create a new federal right to counsel in civil cases.
- Political: Could reduce housing insecurity and related social costs (e.g., shelter needs), appealing to efforts for equity in urban and low-income areas. It incentivizes progressive housing policies at the state level but may spark debate over federal funding for local laws and potential delays in landlord-tenant disputes.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (4)
Sen. Van Hollen, Chris [D-MD], Sen. Wyden, Ron [D-OR], Sen. Sanders, Bernard [I-VT], Sen. Blumenthal, Richard [D-CT]
Recent Actions
- 2025-07-24: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
- 2025-07-24: Introduced in Senate
Bill Versions
- Eviction Right to Counsel Act of 2025 — issued 2025-07-24 — PDF (5 pages)