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Supervisors hold broad hearing on tenant legal representation; advocates urge funding for right‑to‑counsel
Summary
A lengthy hearing on legal representation for tenants facing eviction highlighted analyst findings that only a small fraction of tenants are represented in unlawful detainer cases; legal advocates, community groups and the public defender urged expanding funded full‑scope representation and earlier legal assistance.
The Budget & Finance Subcommittee convened an extensive hearing on the availability of legal assistance and representation for San Francisco tenants facing eviction. Supervisor David Campos (sponsor) opened the hearing with statistics from the budget analyst showing thousands of unlawful detainer filings (3,695 in 2012; 3,423 in 2013 in the analyst's report excerpts) and that only a small share of tenants—reported by the sponsor as about 13% in 2012—were represented by counsel.
Public Defender Jeff Adachi urged expansion of legal services for landlord‑tenant representation, describing the existing gap between the number of eviction cases and funded attorneys. “There are less than a dozen lawyers who are funded to focus on evictions,” he said, and recommended increasing funded attorneys and paralegal support, including boosting the number of eviction defense attorneys from the current level to at least 24.
Speakers from legal service providers and community organizations (Eviction Defense Collaborative, Homeless Advocacy Project, Tenderloin Housing Clinic, Bay Area Legal Aid, Asian Pacific Islander Legal Outreach, Causa Justa, Bayview Hunters Point Community Legal and others) gave detailed testimony about the value of full‑scope representation, the limits of volunteer and limited‑scope services, and the consequences for vulnerable populations (seniors, people with disabilities, limited English proficiency, Section 8 and public housing tenants). Multiple witnesses cited studies indicating tenants with counsel are substantially more likely to remain housed.
Individual tenants and community members recounted personal experiences of eviction threats and successful defenses when counsel was available. Advocates recommended a package of interventions: increased funding for full‑scope eviction defense, enhanced tenant outreach and counseling, stabilization funds to prevent displacement, earlier legal advice before unlawful detainer filings, and mandatory mediation for city‑funded housing in lieu of litigation.
Sheriff McCrean noted the Sheriff's Department administers unlawful detainer removals and urged resources for an eviction assistance unit to reduce homelessness following evictions. Supervisor Campos and other supervisors acknowledged the need and asked the budget analyst to analyze required resources; the committee moved to file the hearing for follow‑up and further work with the mayor’s office and community stakeholders.
