Supporting New York’s Civil Legal Services Ecosystem and Access to Justice | Chief Judge’s 2026 Hearing on Civil Legal Services in New York
SUMMARY
In written testimony submitted September 24, 2026 for the Chief Judge’s 2026 Hearing on Civil Legal Services in New York at the Court of Appeals in Albany, the New York City Bar Association urged continued and increased support for the Judiciary Civil Legal Services (JCLS) program, including stable, flexible, multi-year funding, and set out recommendations for addressing unmet civil legal needs among low-income and other vulnerable New Yorkers.
The testimony expresses gratitude for New York State’s recent efforts to further increase and strengthen Judiciary Civil Legal Services funding and emphasizes the importance of having civil legal services program continue receiving the most robust and flexible funding streams possible. It further argues that existing resources do not meet existing need, drawing on data from the Legal Services Corporation (LSC), the Poverty Tracker Research Group at Columbia University and Robin Hood, and the City Bar Justice Center, which annually serves upwards of 25,000 New Yorkers who cannot afford counsel. “Amid massive cutbacks in federal funding and fundamental policy reorientations that together fray the social safety net, reliable funding streams at the state level are more essential than ever, and translate into an individual or family accessing public benefits, medical care, or other vital life essentials; moving from a homeless shelter to their own home, or avoiding eviction or foreclosure to stay in the home they have; or starting a new life safe from the threat of persecution or other forms of violence.” The full testimony is available for download as a PDF.
- The gap between need and capacity is widening. LSC’s 2022 Justice Gap Report found that individuals at or below 125% of the Federal Poverty Line received no assistance for 92% of substantially impactful legal problems. The Poverty Tracker found 2024 New York City poverty rates at least double national averages — 26% for adults and 27% for children, against 13% nationally. Justice Center staff lack the time and resources to reach 8 out of 10 callers to its free civil legal hotline, roughly 33% above longer-term historical rates, while matters involving court decisions surged 211% in FY26 as cases grew more complex.
-
Demand has risen sharply among youth, seniors, immigrants, and LGBTQ+ New Yorkers. Poverty rates among children in NYC are double the national average (27% vs. 13%), and represents a steep increase since the pandemic. The City Bar Justice Center’s data is consistent with this trend, with services benefiting youth having climbed over 40% above pre-pandemic levels in FY2025. Poverty rates among NYC seniors have also increased, hitting 26% in 2022, with over 70% of low-income senior households having experienced at least one legal problem in the past year and 14% experiencing 10 or more legal problems, and over 91% of that cohort received insufficient or no legal help. The Justice Center has seen reports of elder abuse and domestic violence among clients aged 60 and older rise from 3 cases to 129 over the past three years. Robust civil legal services support is also critical for immigrant New Yorkers, who face a legal landscape of growing complexity and shrinking federal protections. The Justice Center’s Immigrant Justice Project closed 42% more cases in 2025 than in 2024, with pro bono attorney engagement on immigration matters up 158% since 2019 — reflecting both rising need and the practice area’s deepening reliance on volunteer capacity. LGBTQ+-identifying clients’ civil legal needs have also increased in the wake of federal rollbacks of LGBTQ+ rights and protections. The Justice Center saw a 134% increase in LGBTQ+-identifying clients from 2024 to 2025, with an estimated additional 24% increase projected through 2026.
-
Civil legal aid as a measurable economic investment. Citing a February 2025 report of the Permanent Commission on Access to Justice, the testimony notes findings that JCLS funding generates $6.72 in state economic activity per $1 invested, that right-to-counsel eviction programs generate more than $4 in social benefits per $1, and that in FY 2025 the civil legal services ecosystem produced $5.47 billion in benefits and savings for New York, including $2.45 billion in direct benefits to clients and their families, $2.05 billion in economic stimulus, and $975 million in taxpayer savings.
-
New York City’s Right to Counsel in Housing Court is losing ground — the City Bar offers key strategies for change. More eligible tenants are appearing pro se as Housing Court calendars return to pre-pandemic length, even though the Office of Civil Justice found 83% of tenants with counsel able to remain in their homes. The City Bar recommends that judges offer right to counsel at every stage rather than only the initial appearance; that courts grant liberal adjournments so attorneys can establish the attorney-client relationship and investigate complex cases; that virtual appearances be routinely honored as a disability accommodation and reintegrated for administrative and non-hearing matters; and that courts coordinate with the Human Resources Administration on rental assistance timelines. The City Bar also supports pending statewide right-to-counsel legislation.
- Attorney pay parity and administrative burden are treated as structural vulnerabilities. The testimony joins the New York State Legal Services Coalition in reporting that entry-level civil legal services attorney pay runs 30% to 45% below government counterparts doing substantially similar work, widening to as much as 75% relative to Attorney General’s office attorneys after ten years in some parts of the state. It recommends maximum JCLS investment each budget cycle, continued annual cost-of-living adjustments, funding flexibility, avoidance of programmatic restrictions and administrative complexity, and alignment of JCLS and Interest on Lawyer Account (IOLA) reporting processes to redirect staff time toward client work.
New York’s civil legal services ecosystem has a unique and continuing role to play in meeting the moment. Artificial intelligence provides both a risk and an opportunity for innovation in service delivery and adaptation to shifting community demands. Careful investment in, and deployment of, artificial intelligence and other technologies with accompanying guardrails and thoughtful practice guidance are essential to increasing access to justice. Furthermore, New York’s longstanding leadership in access to justice reflects a fundamental commitment to the rule of law: “Amidst the deep political polarization of our times, our State must safeguard and advance this commitment as boldly as it ever has. We must not just care about, but do what lawyers do and zealously advocate for, New Yorkers struggling with poverty, for whom the stakes are often fundamental: housing, family integrity, food, education, health care, income, and personal security…. When rights cannot realistically be asserted, they become rights in name only. Sustaining a robust civil legal services ecosystem is therefore not simply a commitment to helping individuals in need; it is essential to ensuring that the rule of law extends in practice.”
REPORT
WRITTEN TESTIMONY SUBMITTED FOR THE
CHIEF JUDGE’S 2026 HEARING ON CIVIL LEGAL SERVICES IN NEW YORK
NEW YORK CITY BAR ASSOCIATION
SEPTEMBER 24, 2026
COURT OF APPEALS
ALBANY, N.Y.
The New York City Bar Association appreciates the opportunity to submit testimony for this year’s Civil Legal Services hearing and thanks Chief Judge Wilson, Chief Administrative Judge Zayas, the Presiding Justices, and all of our state judiciary leaders for steadfastly supporting civil legal aid for New Yorkers in need. Our testimony will be in three related parts. First, we make an urgent plea to continue supporting the robust judiciary civil legal services program – including with stable, flexible, multi-year funding – that remains essential to New York’s civil legal services ecosystem. Second, we discuss key strategies for addressing critical unmet civil legal needs of low-income and other vulnerable New Yorkers, with a specific focus on housing court right to counsel, preserving homeownership in our most vulnerable communities, and consumer debt concerns. Third, we reflect on how New York’s civil legal services ecosystem has a leadership opportunity to “meet this moment,” with a specific focus on artificial intelligence, and on the proposition that ensuring New York remains a civil legal services leader can foster civic connection and the rule of law and bolster our democracy’s institutions.
TABLE OF CONTENTS
I. A ROBUST JUDICIARY CIVIL LEGAL SERVICES PROGRAM WITH STABLE AND FLEXIBLE MULTI-YEAR FUNDING REMAINS ESSENTIAL TO SUSTAINING NEW YORK’S CIVIL LEGAL SERVICES ECOSYSTEM (2)
A. The Need for Civil Legal Aid Continues to Increase (2)
B. Many of New York’s Most Vulnerable Communities – Youth, Seniors, Immigrants, LGBTQ+ New Yorkers – Face Particular Need in Today’s Context (5)
C. Federal Funding Uncertainty and Changing Federal Policy Priorities Make New York’s Leadership in Providing Stable, Flexible, Robust Civil Legal Aid More Important Than Ever (7)
II. KEY STRATEGIES FOR ADDRESSING CRITICAL UNMET CIVIL LEGAL NEEDS OF LOW-INCOME AND OTHER VULNERABLE NEW YORKERS (10)
A. Continued Support for and Improvement of New York’s Right to Counsel in Housing Court (10)
B. Stabilizing and Preserving Homeownership in Vulnerable Communities (12)
C. Challenges and Innovations in Addressing Consumer Debt Concerns (14)
III. NEW YORK’S CIVIL LEGAL SERVICES ECOSYSTEM ALSO HAS A LEADERSHIP OPPORTUNITY TO MEET THE NEXT MOMENT (15)
A. Artificial intelligence is both a risk and opportunity for innovation in service delivery and adaptation to shifting community demands (15)
B. Ensuring that New York remains a leader in supporting a robust civil legal services ecosystem fosters civic connection and the rule of law and bolsters our democracy’s institutions at a time of deep political polarization (16)