Expect tenants to have a free lawyer during an eviction proceeding

Landlords, take note: if you want to start an eviction proceeding against one or more of your tenants, then you should expect that your tenants will have an attorney, whether or not they can afford one. Many tenants facing eviction in this part of upstate New York discover that they are eligible for a free attorney through Legal Services of the Hudson Valley.

Tenants who qualify based on family size and income can get free or low-cost legal representation during an eviction proceeding. Legal services attorneys tend to have very large caseloads, and may not be able to give each case the individual attention I offer at Selby Legal, but because they are that busy they are familiar with every technique that can be used to slow down or stop a case in its tracks. This could include zeroing in on the precise language of a lease, or actions that the landlord took long before hiring an attorney. With the goal of keeping people in their homes, a legal services attorney might also negotiate a settlement with that in mind.

In 2022 in New York, there are strong protections for tenants in place, protections that limit the reasons for eviction and stretch out how long that process might take. With many renters having access to an attorney, it’s unlikely that these rights will be overlooked. Property owners have rights of their own, but getting possession of that property turned back over is usually a lengthy process.