RSA: The data doesn’t support the rhetoric coming from some corners of New York’s policy conversations. In fact, the numbers show significant decreases in evictions everywhere in New York City. This is all publicly available information. There’s also a misunderstanding about Housing Court. While some call it “Eviction Court” the truth is more complicated. The Housing Court is where problems are solved, where the parties can meet — sometimes for the first time, where settlements are reached and where tenants in economic distress can be connected with government programs and social services. Mislabeling Housing Court and mispresenting what goes on there does a disservice to the judiciary, who endeavor to ensure that litigants are heard properly and that tenants are given every opportunity to make their case and be connected with services and settlements.

BKLYN SPACE: What period of time and what courts were looked at? Give specifics, because if you’re saying you can refute rhetoric with data, you need to be detailed.

RSA: Our General Counsel, who did all this work, reviewed every Housing Court filing resulting in eviction from Jan. 2022 to June 2022 in all five boroughs, and also eviction data publicly available through April 2023. This may be the only non-governmental analysis of its kind, likely because this is very difficult to compile and analyze. 

Research findings are these:

• 75% decrease in evictions citywide in 2022 as compared to 2019.
• 48% decrease in evictions citywide from January to April 2023 as compared to 2019.
• The average duration of cases resulting in eviction January to June 2022: nearly two years (20.4 months).
• Average rent arrears of $10,889.62 at the commencement of a case accumulated to $37,516.95 in arrears due at the time of resolution for cases resulting in eviction Jan-June 2022.
• From January to June 2022, 54% of evictions were defaults in which the tenant never appeared, even post-eviction. These were likely already empty apartments that required the owner to get a judgment to reclaim possession.

BKLYN SPACE: So then what should policymakers and advocates be looking at? Housing Court filings or the numbers RSA is presenting?

RSA: For sure not just filings. Filings will always be a bigger number and always tell a skewed story because filings are just the start of a very lengthy process which, at every step of the way, has opportunities for tenants and owners to settle and reach an accommodation. Many filings are abandoned with no further action taken by landlords as arrears are resolved shortly after the tenant is served with papers, which is why Housing Court cases are so important as when parties productively engage with each other. The number that’s more telling is what RSA is talking about — actual evictions. And those are way down. 

Nonpayment proceedings are designed to get owners and tenants into the courtroom to settle disputes and, as indicated by the actual number of evictions, effectively achieves its purpose. Remember, rent is income for buildings needed to pay bills. Rent is income to pay property taxes, heating, insurance, maintenance, building staff and to comply with city mandates. Everybody benefits when Housing Court works, which is why RSA will continue to track this data.

BKLYN SPACE: Data helps inform policy, right? What policies are supported by this data? What does going forward look like, from the perspective of building owners?

RSA: Three suggestions. The first a bit involved, the other two more straightforward. 

First — The Housing Court should be working more effectively, considering that the City of New York allocates millions of dollars to its “Right to Counsel” program to provide tenants with legal representation in the Housing Courts. This budget item is regularly increased, but Legal Aid – the beneficiary of most of these funds – claims it does not have adequate numbers of attorneys, which it attributes to a backlog of cases waiting to be heard. Moreover, a report issued by the Office of Court Administration (OCA) in August 2023 recommends that one full-time experienced attorney should only be assigned 48 cases per year. 

Instead of false cries of an eviction crisis, elected officials should amend the law that provides the Assigned Counsel Plan (also referred to as 18B Panel attorneys) to allow the Housing Court to hire and compensate private attorneys as it long has in the Criminal and Family Courts for criminal and family legal proceedings. While legal services for housing issues aren’t currently covered under this program, the stroke of a pen could enable the creation of an 18B Panel for tenant-owner matters. These private attorneys, who would be screened for experience in Housing Court matters, would supplement the work currently being done by Legal Aid and other long-established non-profit legal assistance providers. Housing Court works when it works, so let’s get it working! More gets done and more gets settled when tenants have lawyers. 

BKLYN SPACE: And the other two?

RSA: The New York State Legislature needs to increase the minimum level of judges, court attorneys, clerks, and other support staff, to ensure that the Housing Court catches up with the case backlog and operates at an efficient level moving forward. Reports issued before the pandemic by OCA and the New York City Bar Association have already called for the number of housing court judges in all of New York City to be increased from 50 (a level it has remained at for over 25 years) to 60, and that was in 2018-2019, prior to pandemic. 

And last, but certainly not least, the City should restore NYC Human Resources Administration (HRA) “satellite” offices in Housing Court, which existed prior to COVID. HRA is an important source and coordinator of assistance for tenants in economic distress. Other agencies should also be regularly present in the courthouse. Direct access to agency staff in the courthouse while all parties are present would both speed up and increase efficiency of application for, and delivery of, needed aid. 

Without social service providers and agencies present in the courthouses, tenants must make multiple appearances on separate days in housing court, at a legal service provider’s office, and at social service agencies – all of which present difficult scheduling challenges. Housing all of these services in Housing Courts, where judges can appoint qualified 18B counsel on the spot and connect tenants with an in-house HRA office to apply for assistance all on the same day, would be an enormous benefit to tenants and owners. 

BKLYN SPACE: Looking at this from the tenant perspective and considering what tenant lawyers and activists are saying, aren’t their concerns also valid? Yours is just one perspective here. 

RSA: Disagreements, whether ideological or in the courts or in the legislature, have their place. Some activists insist that “rent is theft,” which is a pretty radical position that ignores foundational economic realities but makes for catchy protest signs. Annual deliberations at the Rent Guidelines Board (RGB), which sets increases for stabilized leases citywide, are always contentious. The City Council and State Legislature are always debating legislation that impacts housing. 

But on this point — saying that something critical and immediate is happening in the courts when it’s not — that sort of misrepresentation clouds the ability to have reasonable disagreements at the RGB, in legislatures, and in the public space. That’s why this data we’re talking about is so important.

BKLYN SPACE: Our full title is BROOKLYN SPACE – For Living, Working and Investing. We have a rapidly growing readership in a broad cross-section of people who recognize the value of space in making this city work. We hope this is a good place to have this conversation. Any last remarks or thoughts RSA would like to share?

RSA: Rhetoric is easy. The work of providing affordable housing in New York City is hard. The Housing Court is where problems are solved. Owners are in the business of providing housing and collecting rent to meet bills, not evicting people. We need to be talking about policy, not politics. Tenants and owners alike need Housing Court to work. There is no eviction crisis and no coming eviction tsunami. Instead, what we have is a proven decrease in evictions and policy suggestions to help keep it that way. 

Mostly, we’re thankful for the opportunity to have this talk in your newsletter. Thank you. 

BKLYN SPACE: We’ll be sure to pass along feedback we get. 

RSA: Looking forward to it.