Updated Right to Counsel Income Eligibility Policy

Effective October 5, 2026

The City of Detroit Office of Eviction Prevention has made the following changes to the current scope, procedures, and requirements of the program as described below.  

Updated Eligibility Policy  

Beginning on Monday October 5th, 2026, all households must have an income at or below 200% of the Federal Poverty Guidelines, and only the following priority residents/households will qualify for legal representation under the City RTC program:  

• Households with one or more children in the home with a child being defined as someone who is 17 years of age or younger  

• Households with a woman who is currently pregnant AND the pregnant woman is head of household, the spouse of the head of household, or the adult child of the head of household  

• Individuals/families in subsidized housing  

• Seniors defined as those who are 62 years of age or older  

• Individuals with disabilities who are head of household  

• Veterans who are head of household  

• Please note that representation of those who are in Real Token properties still qualify for representation under the City RTC for the time being.  

• Basis for Real Token Property Tenants: Tenants residing in properties owned or managed by Real Token and its affiliated entities (see City of Detroit v. Jacobson, et.al. Wayne County Circuit Court Case No. 25-010288-CH) continue to qualify for TRC representation regardless of the priority categories above. This will reflect OED’s determination that continuity of representation is warranted given the pending litigation, active court-ordered remediation requirements, and the number of affected tenants already engaged in RTC representation prior to this policy’s effective date.  

Transition for pending cases: Tenants who have an open RTC case, or who have completed intake prior to the effective date above will continue to receive representation through resolution of that case, regardless of whether they meet the priority categories above. The updated eligibility criteria apply only to new intake cases opened on or after the effective date.  

All other individuals/households who do not fall into one of the above categories will no longer qualify for the City RTC program until further notice.  

Definition(s):  

“Head of Household” means: the adult tenant listed as primary lessee on the lease, or the adult who self-identifies as primary person who is financially/legally responsible for the household.  

“Household” for purposes of the income threshold and the priority categories above, means: all individuals residing in the unit, or only those listed on the lease/intake as household members. Legal service providers should apply a single, consistent definition across all priority categories.  

Updated Financial & Eligibility Documentation  

To confirm that we are covering those most in need of RTC representation, residents are required to provide proof/documentation showing that they fall into one of the priority categories.  

Examples of documents that will be accepted for eligibility include but are not limited to:  

• Copy of state identification/license showing the birthday of a senior  

• Copy of veteran’s benefits statement  

• Copy of disability benefits statement  

• Copy of subsidized housing lease or ledger  

• Copy of food benefits statement listing children in the home, report cards with matching address, or child support statement  

Since the start of the program, the Office of Eviction Defense has also required financial documentation proving tenant eligibility. The financial documentation requirements are unchanged, but the policy is included below for reference.  

Ideally, financial documents will be provided as proof of income. Documentation must identify the household, through a household identifier, and does not need to include a specific number and street address. Legal services providers should redact any information that is confidential  

(ex. street address, social security number), except for the information that shows the eligibility below 200% of the Federal Poverty level.  

The following documents will still be accepted as proof of income:  

• Paystubs for all income sources, W-2s or other wage statements such as a 1099 or bank statements demonstrating regular income, or a statement from an employer. Paystubs must be dated within 90 days of the date of intake and do not have to be consecutive.  

• Federal or state income taxes from the most recent year (first two pages of IRS form 1040)  

• Annual or quarterly pension benefits explanations from the most recent quarter or year  

• If a client submits a Social Security or Supplemental Security Income benefit statement from the previous calendar year, recipients may also submit a document showing a Cost-of-Living Adjustment (COLA) calculation along with the provided benefit statement to determine the current year’s benefit amount.  

Eligibility for other government programs may also be used as a basis for eligibility. Official state benefits documentation must show that the tenant was receiving state benefits on the date of intake or during the pendency of the case and before case closure. Documentation showing that the tenant was receiving a state benefit that ended before the Right to Counsel intake was completed will not be accepted. Qualifying government programs include:  

• Income based Medicaid [133% FPL for most programs, 200%FPL for MI Child program]  

• Medicare Part D Low-Income Subsidies [133% FPL]  

• Supplemental Nutrition Assistance Program- SNAP AKA USDA and Food Assistance Program (FAP) [130% FPL; 185% with senior in household]  

• Supplemental Security Income (SSI) [200% FPL]  

• Head Start and/or Early Head Start [100% FPL]  

• Supplemental Program for Women, Infants, and Children (WIC) [185% FPL]  

• Low-Income Home Energy Assistance Program (LIHEAP) [200% FPL]  

• Low Income Self-Sufficiency Program (DTE LSP enrollment) [150% FPL]  

• State Emergency Relief Energy assistance payment [120% FPL]  

• Detroit Water and Sewerage Department (DWSD) Lifeline Plan [200% FPL]  

• Proof of housing subsidy based on Plaintiff’s assertion in paragraph 6 of the Complaint identifying the tenancy as subsidized / lease with HUD subsidized language [FPL varies by subsidy type]  

• Housing subsidy annual income verification documents, current annual verification. [FPL varies by subsidy type]  

• Temporary Assistance for Needy Families- TANF AKA Family Independence Program (FIP) [200% FPL] (last resort, please attempt collection of other documents first)  

Self-Certification  

In limited circumstances, self-certification, which is notarized or subscribed pursuant to penalty of perjury may be acceptable in the good faith absence of other documentation demonstrating qualification and income eligibility for RTC. Written self-certification can be used when a woman informs that she is pregnant and falls into one of the priority categories, but she cannot readily provide proof of pregnancy. We will not require medical documents.  

The Legal Service Providers will create written self-certification documents for tenants to complete only when necessary and when proof of income is difficult to obtain. Proof of eligibility under the priority categories is required. The legal service providers will also continue to complete monthly agency attestations affirming that tenants are eligible to the best of the agency’s knowledge.