November 19, 2007

Note that the proposal here is not to provide free lawyers in cases where careful case-screening establishes a fair argument that the eviction is in some way legally wrongful or unjustified. It's to use taxpayer money to make sure that tenants who've trashed the apartment or stiffed the landlord on months of rent are also assigned a lawyer who will predictably use all the procedural leverage available to stall things out further, extract a payment as a condition for the tenant's leaving, and so forth. NYU's Brennan Center is pushing the scheme, which has 22 sponsors on the New York City council. (Manny Fernandez, "Free Legal Aid Sought for Elderly Tenants", New York Times, Nov. 16). For more about "Civil Gideon" schemes, see this post (scroll) and this one (David Giacalone: "Attorney Employment Assurance Plan")(cross-posted from Overlawyered).

P.S.: To clarify matters: for now, the program would apply to elderly tenants (which doesn't mean all the occupants of the apartment will necessarily be elderly).