Jersey City Council Passes “Right to Counsel” Legislation and New Development Fee Ordinances

As Housing Costs Soar, Over a Dozen U.S. Cities Have Now Enacted New Laws Ensuring Legal Support for People Facing Eviction

Last night, Jersey City Council passed two new laws guaranteeing an attorney to all low-income clients in housing court and establishing new development fees to fund the Right to Counsel program. Jersey City joins a rapidly-growing list of states and municipalities across the U.S. that have recently enacted Right to Counsel laws.

“This is an important step toward protecting the rights of renters and avoiding the devastating consequences of eviction,” said Adam Gordon, Executive Director of the Fair Share Housing Center. “Given how many families across New Jersey are struggling to keep up with rising housing costs, we hope that Jersey City’s new laws will spur more action around the state.”

The Right to Counsel law — originally sponsored by council members Gilmore, Saleh, and Solomon and supported by a broad range of community leaders in the Right to Counsel JC Coalition — allows tenants in eviction proceedings to receive a pro bono attorney. It also allows attorneys to represent tenants facing illegal rent increases and failure to maintain services. In tandem with another recently passed development fee law, it establishes dedicated funding for a right to counsel for tenants earning 80 percent of the area median income or lower.

Jersey City becomes the second city in New Jersey to pass a Right to Counsel law, following Newark’s enactment of a Right to Counsel law in 2018 — meaning that New Jersey’s two largest cities now have these critical laws in place.

The new law will establish a new “Division of Tenants’ Right to Counsel” within the Department of Housing, Economic Development and Commerce by 2026. Property owners will have to notify tenants of the availability of attorneys in every lease, when they make rent demands, or when initiating eviction proceedings.

The development fees bill will require payments from new residential and non-residential development into a new city Affordable Housing Trust Fund. Developers, however, will be able to receive an exemption by building affordable housing on site.

For non-residential development, the development fee will be the statewide required 2.5% fee. For residential development, beginning July 31, developers will have to pay 0.5% of the assessed value of the land for new construction, with the fee rising annually to 1.5% by July 2025.

“The development fee ordinance is a commonplace tool that many municipalities in New Jersey have used to further affordable housing opportunities in their towns,” said Gordon. “Tenants who have been evicted don’t just lose their housing — they often also lose their jobs, their belongings, and even custody of their children. They face drastically increased risks of physical and mental health problems, as well as criminalization and incarceration. Considering the costs of eviction on individuals, families, and society-at-large, it’s encouraging that some policymakers are taking steps to address the deepening housing affordability crisis.”