LOW-INCOME

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Proskauer was privileged to host a panel presentation with Her Justice this month to raise awareness of economic and legal obstacles facing women who are living in poverty in New York City during the COVID-19 pandemic. The panel was moderated by Proskauer associate Elizabeth Siegel, a member of the Her Justice Junior Advisory Board, and featured Her Justice attorneys Hamra Ahmad, Anna Maria Diamanti, and Prathiba Desai. With support from pro bono lawyers at Proskauer and other law firms, Her Justice provides family law and immigration representation to women of limited means, most of whom are mothers and survivors of intimate partner violence.

Among other obstacles, the panelists highlighted the many hurdles the public health crisis has caused for low-income women seeking legal relief in family court. Even prior to the COVID-19 pandemic, accessing family court was challenging for Her Justice’s clients because the court required them to appear in person. Clients often had to wait several hours even for a brief appearance, which was particularly difficult and financially burdensome for those who needed to arrange for child care or time off from work. At the beginning of the pandemic, in March 2020, the New York City Family Court closed except for “essential services” such as emergency proceedings for orders of protection, which are being heard virtually. While the ability to obtain orders of protection during the pandemic is critical for vulnerable women, participating in virtual hearings has created yet another set of challenges for women living in poverty who may not be able to access the technology needed for remote hearings. The lack of access to a stable internet connection and a confidential location to safely discuss sensitive legal issues has proven to be especially difficult.

In late March, Proskauer hosted a virtual clinic with Volunteer Lawyers for the Arts (VLA) to provide legal consultations for low-income artists. VLA holds a special place in the hearts of Proskauer attorneys, especially given that Proskauer associates founded VLA in 1969. One of the artists that my team advised at the clinic is a young filmmaker who was navigating collaboration agreements for the first time. It was both enjoyable to speak with the client about their goals for the film project, and rewarding to raise questions and offer suggestions for how they could protect their creative and financial interests going forward. The client gained a critical understanding of what was important to memorialize in their contracts and relationships to ensure that their project would be successful and free from disputes.

I volunteered at the VLA clinic because my own love of the arts played a large role in my childhood. I grew up performing in musicals and taking voice and piano lessons. In college, I realized I did not want to pursue a career as a performer and became interested in law school with the hope that I could one day represent and advocate for artists as a lawyer. I saw the value in bringing my personal passion, experience, and understanding of art to that legal representation. Then I found a dual-degree program at Columbia University where I could pursue a Master of Fine Arts (MFA) in Theatre Management & Producing at the same time as a law degree. Through the MFA program, I took courses in theatre management, producing, accounting, budgeting, and contract drafting for producers. I knew that studying the business of theatre  would better prepare me to serve clients in the arts when the opportunity arose.

In celebration of Women’s History Month and in collaboration with longtime Firm partnering organization Bottomless Closet, the Proskauer’s Women Alliance have teamed up with Bottomless Closet to present a series of empowering workshops to women in need throughout February, March and April 2021.

Embodying the philosophy of women helping women, Bottomless Closet has a 20+ year history of serving disadvantaged New York City women, and has served more than 40,000 clients. The organization’s holistic approach makes sure that its clients have all the tools and resources to enter the workforce and achieve success.

Staying in touch with loved ones has become more important today than ever before. While technology offers many ways to stay in contact, incarcerated individuals face barriers to communication. Several prisons have paused in-person visitation due to the COVID-19 pandemic. A phone call can cost up to $25, creating a financial burden for many families of the incarcerated. As the United States, which incarcerates more individuals than any other country, confronts the challenges of its criminal justice system, Proskauer’s pro bono client Ameelio, a nonprofit organization, is working to facilitate communication between incarcerated individuals and their families by removing cost barriers.

Ameelio’s Founder, Uzoma Orchingwa, explains below how he is finding innovative ways to keep people connected, no matter the cost.

Could you briefly explain how Ameelio works?

Ameelio serves as a technological bridge to the outside world for incarcerated individuals. We have three core products, our mobile application where loved ones can upload letters, postcards and photos for incarcerated individuals. Our second product is Letters for Organizations, where Ameelio helps organizations, like ministries, rehab groups, and educators send mass mail to prisons. Our third product is “Connect,” which is a videoconferencing tool we are launching in April 2021.

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.

On October 2, 2020, the U.S. Department of Homeland Security published a Notice of Proposed Rulemaking governing the “Affidavit of Support” requirements under section 213A of the Immigration and Nationality Act. Certain immigrants seeking to come to the United States are required to submit an Affidavit of Support signed by a sponsor who agrees to provide financial support to the sponsored immigrant. The Proposed Rule would impose onerous requirements on petitioning sponsors and joint sponsors, thereby making it more difficult for many noncitizens to immigrate to or remain in the United States, which can in turn have the negative effect of separating, or prolonging the separation of, immigrant families.

Among other sweeping changes, the Proposed Rule would impose the following burdens on potential financial sponsors and joint sponsors:

  • The sponsor must find a joint sponsor if (i) he or she used any amount of means-tested public benefits during the three years prior to submitting the Affidavit of Support, or (ii) the petitioning sponsor had a judgment entered against him or her at any time for failing to meet any prior sponsorship or household member obligation.
  • An individual cannot be a joint sponsor if (i) he or she has received means-tested public benefits during the previous three years, or (ii) had a judgment entered against him or her for failure to meet sponsor or household member obligations.
  • Sponsors must comply with burdensome and intrusive requests for sensitive personal information, including three years of bank account and tax documentation.
  • Significant limitations will be placed on the class of people who can be considered “household members” for purposes of adding their incomes to the sponsor’s income. For example, to combine the intending immigrant’s income with the sponsor’s, the immigrant and the sponsor must plan to live in the same household.

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.

This week we had the privilege of speaking with Michael Stanley, a professional community organizer with Manhattan Together and South Bronx Churches Sponsoring Committee (SBC), and Ray Lopez, the Director of Environmental Health Services of the Little Sisters of the Assumption Family Health Service (LSA), on the topic of pro bono lawyering for social justice in collaboration with community organizers.  Manhattan Together, SBC, and LSA are nonprofit organizations and members of Metro IAF, a network of multi-faith organizations that draw on the power of person-to-person organizing to transform communities and build the local power necessary to create change on local and national levels.