ESSENTIAL TO THE AMERICAN DREAM — HOW LAWYERS CAN IMPROVE HOUSING STABILITY
Oct 17, 2025 By Jeffrey D. Harvey
Florida’s legal aid organizations play an outsized role in increasing housing access. The impact of our investment in representation is significant.
Access to safe, affordable housing provides stability for millions of low-income Americans. Housing stability is a springboard to employment, education, and emotional wellbeing. Suitable shelter boosts family health and strengthens communities. For good reason, housing stability is at the core of the American dream and lawyers play a key role in that issue.
For hundreds of thousands of Floridians, the ability to secure a home for themselves and their families is at risk. A recent United Way report finds that 47% of Floridians spend more than 30% of their income on housing, qualifying as a housing cost burden. Florida ranks 15th in terms of people behind on rent, according to U.S. Census data compiled by Stessa. According to Zillow, the average rent in Florida across all property types is $2,400 per month. Lack of availability is inextricably part of the crisis. The National Low Income Housing Coalition’s 2025 Gap Report finds that Florida has only 26 affordable and available rental homes for every 100 extremely low-income renters.
In fact, housing insecurity is a “pressing public health concern,” according to a recent report by the Journal of the American Medical Association (JAMA). The investigation found that “stress about eviction or loss of housing was associated with increased odds of internalizing issues, such as depression and anxiety, among children,” underscoring the importance of “interventions to address housing instability and its mental health consequences for children.” The crisis extends beyond simply finding a place to live.
For Low-Income Americans, Housing Plays an Outsized Role in Their Legal Issues
Low-income families in particular face several real and potential legal issues related to housing: consumer rights, custody and abuse matters, discrimination, predatory lending, and mental health issues, among others.
As the leader of a legal aid organization, my team and I work with clients every day to resolve matters that directly impact a person’s ability to provide their families with stable housing.
Legal aid exists to ensure our rent-burdened citizens can access counsel so that they fully understand current regulations. Our state’s housing laws are complex and favor property owners. Few low-income tenants are aware of their rights as renters: Data from the National Coalition for a Civil Right to Counsel (NCCRC) indicates that nationally, only 4% of tenants facing eviction are represented by counsel, while 83% of landlords retain attorneys. Turnkey, step-by-step eviction forms are readily available for landlords; resources are scarce for tenants outside of legal aid organizations.
To illustrate the need for representation, I recently was presented with a case where the tenant was three days behind in rent. The landlord gave him the required notice: Pay the rent or hand over the keys, within three days, or face eviction. The tenant complied and handed over the keys promptly. Despite this, the landlord still filed an eviction for possession, not asking for the rent but claiming the rent was unpaid. The tenant was required to either place an entire month’s rent with the court, or argue a discrepancy in amount of rent owed (the landlord’s figures were correct), even though the sole underlying cause of action – possession – was moot. In any other type of case, a simple motion to dismiss would have sufficed.
Florida’s legal aid organizations play an outsized role in increasing housing access. The impact of our investment in representation is significant. According to a Rand Organization estimate, the Legal Services Corporation (LSC) enables 75,000 households to maintain their housing each year at a rough cost of around $2,000 per prevented move. Legal aid organizations can and do have a significant role in keeping people housed – our efforts do not lose efficacy with scale.
Legal Aid’s Multi-pronged Strategy
When low-income individuals are housed, we all benefit. Legal aid professionals help tenants and homeowners navigate and understand not just evictions but leases, mortgage agreements, tax matters, deed issues, and more. We also advise landlords on the plethora of state and federal rent programs, reducing tenant turnover and increasing occupancy. We constantly strive to educate to avoid litigation for clients. Our focus is broad:
Fair Housing/Discrimination: Florida’ housing laws and the Federal Fair Housing Act protect against discrimination. Organizations like ours help tenants recognize different forms of discrimination in rental agreements and mortgage lending. For owners, knowledge of fair housing laws can keep parties from unknowingly engaging in discriminatory practices and help avoid litigation.
Landlord/Tenant Relationships: Florida’s eviction process is nuanced, complex, and fast. For tenants who face eviction from their home, properly navigating the legal system is crucial. Many low-income individuals are not aware that legal aid organizations have the resources to help.
Mortgage Foreclosure: Many homeowners don’t know their rights or their lender’s rights when signing mortgage papers. Legal aid can clarify the mortgage holder’s rights and connect them to community resources if they should face foreclosure. We can also defend against a foreclosure, particularly if the mortgagor is cutting legal corners or being unreasonable with modifications.
Subsidized Housing: Landlords and tenants may not be aware of the many subsidy and support programs available. The most common federally subsidized housing programs are Public Housing, Housing Choice Vouchers (affectionately referred to as“Section 8”), Project-Based Vouchers, Project-Based Section 8 Rental Assistance, Section 202, USDA Rural Development (Section 515), and Low-Income Housing Tax Credit. Legal aid groups are well versed in the latest United States Department of Housing and Urban Development (HUD) family income limits, as well as applicable federal statutes and regulations, and can help determine eligibility for financial assistance and enforce tenant rights under those programs. We can provide information regarding HUD-Veterans Affairs Supporting Housing (HUD-VASH) vouchers and support for unhoused veterans as well.
Consumer/Contractor Scams: Housing repair scams are all too common in hurricane-prone Florida. Legal aid organizations keep track of post-disaster scam operations and share that information with interested citizens. We are also able help individuals and families properly select and hire reputable contractors and can facilitate litigation if necessary.
Attorneys’ Place in the Community
With a national housing crisis upon us and no signs of letting up, lawyers are essential in keeping low-income Americans housed. And not just those lawyers who work with legal aid groups or volunteer pro bono, but also the ones filing evictions like the one I mentioned above. Let’s not forget that our duties to the Constitution, the courts, and the community are listed above our duties to our clients in the Oath of Admission. Housing stability is a crucial aspect of our social structure and prosperity. Not only do we have a professional obligation to apply our skills to help resolve this issue, but we also have a moral obligation to provide access to counsel for those who cannot afford it. It truly creates a ripple effect, improving people’s livelihoods, strengthening communities, and providing both opportunity and stability for families and children.
We are woefully behind in addressing our communities’ housing instability. Legal aid needs your help! Taking on civil housing matters via legal aid is perhaps one of the easiest ways to have an overwhelmingly positive impact in the community. As we individually and collectively look at ways to benefit society and elevate the profession, I strongly encourage my colleagues to consider their role in helping all Americans achieve the American dream.
Jeffrey D. Harvey is the chief executive officer of Community Legal Services, a full-service civil legal aid law firm serving the Central Florida community. He is a 24-yearveteran of the United States Army and recently completed a master’s degree instrategic studies at the U.S. Army War College.
This article was originally published in The Florida Bar News and is shared here with permission from the publication.