Housing

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In a major victory for unhoused New Yorkers, the New York Court of Appeals recently adopted the analysis of an amicus brief that was filed by Proskauer on behalf of the Coalition for the Homeless. The amicus brief supported the City of New York’s defense of a proposed project to convert a midtown Manhattan hotel into a residential facility for homeless adults seeking employment opportunities.

COVID-19 has been catastrophic for the wellbeing of low-income Americans, particularly in communities of color. The costs to health and human life have been devastating and the substantial collateral damage on the financial and social fabric of the country is expected to be felt into 2021 and beyond. One of this country’s leading hospitals, Mount Sinai, is addressing the legal needs of its patients through the Mount Sinai Medical Legal Partnership (MSMLP).  Serving one of the most diverse populations of any hospital, MSMLP addresses critical and urgent legal needs that may be affecting a patient’s health such as income maintenance, housing, education and employment, legal status and personal and family stability. This vital work is needed now more than ever.

To this end, Bloomberg and Proskauer are sponsoring Equal Justice Works Fellow Rita Gilles who will work at MSMLP under the supervision of the LegalHealth division of New York Legal Assistance Group (NYLAG). Rita, a recent graduate of Yale Law School, will provide legal aid to low-income families of children and adolescent patients at Mount Sinai.

As documented in numerous studies, the brunt of COVID-19’s impact has fallen most heavily on racial and ethnic minorities who have suffered higher hospitalization and mortality rates as well as unprecedented levels of unemployment as a consequence of the virus and government efforts to contain it. As a result, many low-income tenants—Black and Latinx, disproportionately—are having difficulty paying their rent.

In New Jersey, hundreds of thousands of residents, including a disproportionate number of minorities, face this grim reality and may soon become at risk of eviction. One July 2020 study predicted that approximately 450,000 households—40% of all New Jersey renter households—would be unable pay rent in August, and that nearly half of Black New Jersey renter households would be unable to do so—a higher percentage than for any other race or ethnicity. It is estimated that between 400,000 and 560,000 New Jersey renter households are at risk of eviction, which is forecasted to culminate in New Jersey with an estimated 600% increase from pre-COVID-19 levels.

The New York Statewide Central Register (SCR) of Abuse and Maltreatment maintains records of calls, allegations, and results of investigations regarding suspected child abuse and maltreatment. Although these records are not public, many employers and agencies are legally obligated to check the database before hiring applicants and accepting volunteers. Having an “indicated” report on file severely decreases the chances for an applicant to gain employment, as well as detrimentally affects one’s ability to secure housing and apply for government benefits.

Through a recent training conducted by Brooklyn Defender Services (BDS), Proskauer now has the opportunity to file motions to vacate findings of neglect in family court, where called for under the law.  In doing so, you can make a fundamental difference in the lives of poor families.

A team of pro bono attorneys at Proskauer recently celebrated a significant step forward in their fight for safe and healthy housing for the more than 400,000 New Yorkers who live in apartments operated by the New York City Housing Authority (“NYCHA”), the largest public housing authority in the country.  Federal Judge William Pauley in the Southern District of New York entered an order requiring NYCHA to implement enhanced procedures to ensure the effective and timely remediation of mold and excessive moisture.  The order also creates independent oversight to ensure NYCHA’s compliance with these obligations.

The Court’s decision provides relief for a class of public housing tenants who suffer from asthma exacerbated by mold and water leaks.  As NYCHA has reported, 150,000 NYCHA residents, including 35,000 children under the age of 15, live in developments located in “asthma hotspots” that generate the highest rates of asthma-related emergency room visits in New York City.

According to a compelling report issued by the non-profit organization Win, every night in New York City over 23,000 children go to bed in a homeless shelter. It is estimated that one in 10 students in New York City public schools experienced homelessness during the 2016–2017 school year. Even more troubling, the number of homeless families and children is growing.

Founded in 1983 as Women In Need, Win started by serving four homeless women and their six children. Today, led by former New York City Council Speaker Christine Quinn, Win provides daily shelter to more than 2,400 families, including nearly 4,700 children.  Win now operates 10 residential shelters, and provides 240 permanent supportive housing units, which are primarily financed by the government but require the resident to pay a small percentage of her income as rent.  In response to the severe lack of affordable housing, Mayor DeBlasio launched “Housing New York 2.0,” which promises to create 15,000 supportive housing apartments in NYC over the next 15 years. Win is partnering with various large NYC developers to create these units, and as a Win board member and chair of the real estate committee, I am privileged to be part of these efforts.

When I walked into Manhattan Housing Court a few weeks ago, I knew we had a strong case.  Our client, a disabled 87-year-old woman, was facing eviction from the rent-controlled apartment where she has been living for more than 40 years.  Her landlord alleged that she had failed to pay rent that she had in fact paid.  The case should have been dismissed on that basis alone, but when the Proskauer team went before the judge to argue our motion for summary judgment, the judge asked whether our client owed rent for months not at issue in the lawsuit.