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| Evictions in New York are soaring. It’s my job to stop the bleeding | Evictions in New York are soaring. It’s my job to stop the bleeding |
| (about 4 hours later) | |
| More than 146,000 landlords have filed for eviction since early last year. Here’s what it’s like for a housing lawyer | More than 146,000 landlords have filed for eviction since early last year. Here’s what it’s like for a housing lawyer |
| Last fall I began representing a woman who came to court to try to get her apartment back after she had been evicted just a few days prior. She was elderly, disabled and living alone on a fixed income after the death of her husband. Our only option to restore her tenancy was to find a way to pay her ever-growing and insurmountable rental debt of over $40,000. | |
| When we accepted this case, her prospects were bleak and no one believed that my office could get a positive result. The situation was difficult because once someone has been evicted, no defenses can be raised, and the money owed must be paid in full to retain the apartment – before the landlord rents it to someone else. | When we accepted this case, her prospects were bleak and no one believed that my office could get a positive result. The situation was difficult because once someone has been evicted, no defenses can be raised, and the money owed must be paid in full to retain the apartment – before the landlord rents it to someone else. |
| We had to petition the court three times to keep holding the apartment for a period of time, so the landlord couldn’t rent it to anyone else. Each time we went back to ask for an extension, the judge would say, “This is the last time, no more extensions,” but we’d go back anyway and keep asking. | We had to petition the court three times to keep holding the apartment for a period of time, so the landlord couldn’t rent it to anyone else. Each time we went back to ask for an extension, the judge would say, “This is the last time, no more extensions,” but we’d go back anyway and keep asking. |
| When the pandemic hit, tens of thousands of New Yorkers fell behind on rent. So many people were struggling that the city issued an unprecedented moratorium on evictions: if you could not pay your landlord due to Covid-related hardships, you could still stay in your home. | When the pandemic hit, tens of thousands of New Yorkers fell behind on rent. So many people were struggling that the city issued an unprecedented moratorium on evictions: if you could not pay your landlord due to Covid-related hardships, you could still stay in your home. |
| At the same time, the city government expanded the rights of tenants to access free lawyers to challenge their eviction cases. If you were low-income in any borough – meaning if your income was 200% below the poverty line, or about $23,000 as an individual – you were entitled to free counsel. Help like this can be the difference between keeping your home and getting kicked out: according to the city, 84% of tenants who use this program successfully avoid eviction. | At the same time, the city government expanded the rights of tenants to access free lawyers to challenge their eviction cases. If you were low-income in any borough – meaning if your income was 200% below the poverty line, or about $23,000 as an individual – you were entitled to free counsel. Help like this can be the difference between keeping your home and getting kicked out: according to the city, 84% of tenants who use this program successfully avoid eviction. |
| It’s a simple theory: if low-income New Yorkers had free legal assistance, more of them would be able to stay in their homes. | It’s a simple theory: if low-income New Yorkers had free legal assistance, more of them would be able to stay in their homes. |
| That’s where I come in. I moved to Brooklyn in 2021 to pursue housing law in defense of tenants. I came from Miami-Dade county, where I worked as a public defender. I chose to pursue housing because, while there may not be a constitutional right to a home, I believe that it is still a civil rights issue. People should have a fundamental right to a safe place to lay their head. | That’s where I come in. I moved to Brooklyn in 2021 to pursue housing law in defense of tenants. I came from Miami-Dade county, where I worked as a public defender. I chose to pursue housing because, while there may not be a constitutional right to a home, I believe that it is still a civil rights issue. People should have a fundamental right to a safe place to lay their head. |
| When I started working in New York, the pandemic-issued moratorium on evictions was still in effect. For a time, things were quiet. The workload was relatively manageable. Then the floodgates opened. | When I started working in New York, the pandemic-issued moratorium on evictions was still in effect. For a time, things were quiet. The workload was relatively manageable. Then the floodgates opened. |
| On 15 January 2022, the city’s moratorium lifted. Landlords were able once again to move forward with new or pending lawsuits to evict tenants who could not pay their rents, even if they were still struggling from the economic devastation of Covid. Legal providers received an onslaught of new cases, and once it started, it never stopped. More than 146,000 landlords have filed for eviction since the moratorium was lifted, and each case has been more challenging than the last. | On 15 January 2022, the city’s moratorium lifted. Landlords were able once again to move forward with new or pending lawsuits to evict tenants who could not pay their rents, even if they were still struggling from the economic devastation of Covid. Legal providers received an onslaught of new cases, and once it started, it never stopped. More than 146,000 landlords have filed for eviction since the moratorium was lifted, and each case has been more challenging than the last. |
| Eventually we got the New York City human resources administration to make an emergency grant exception for the older woman through its rental assistance program. | Eventually we got the New York City human resources administration to make an emergency grant exception for the older woman through its rental assistance program. |
| After shuffling around and sleeping on couches, she was thrilled to be back in her own space. When I called her on her first day back, she was crying and grateful. She kept saying, “I can’t wait to sleep in my own bed again.” It was a hard-fought victory that never would have happened without an attorney. | After shuffling around and sleeping on couches, she was thrilled to be back in her own space. When I called her on her first day back, she was crying and grateful. She kept saying, “I can’t wait to sleep in my own bed again.” It was a hard-fought victory that never would have happened without an attorney. |
| This is my job, to stop the bleeding. I want to make sure the worst possible outcome doesn’t happen. Hopefully I can keep someone in their home. Sometimes, all I can do in a case is to advise a tenant that they may have no choice but to eventually move – when that happens, I hope I can delay the eviction long enough for the person to find alternative housing. | This is my job, to stop the bleeding. I want to make sure the worst possible outcome doesn’t happen. Hopefully I can keep someone in their home. Sometimes, all I can do in a case is to advise a tenant that they may have no choice but to eventually move – when that happens, I hope I can delay the eviction long enough for the person to find alternative housing. |
| That can be a hard reality for people to face. In this housing market, it’s very difficult for clients to find alternative housing that fits the parameters of what they’re used to, whether that’s a place that’s close to their kid’s school, or something that costs the same rent as they’ve been paying. | That can be a hard reality for people to face. In this housing market, it’s very difficult for clients to find alternative housing that fits the parameters of what they’re used to, whether that’s a place that’s close to their kid’s school, or something that costs the same rent as they’ve been paying. |
| When we get a new case, we start with an investigation. We obtain publicly available data and documents about a building and a landlord, such as deeds, certifications and regulatory agreements. We ask the landlord’s attorney for their accounting, so we can see if they’re doing the math right. Often, it’s a complete mess. Investigating is very time-consuming, but it’s important. It’s where we get a majority of our client’s defenses from. | |
| We also meet with our clients, because no one knows their situation better than they do. When tenants are assigned to work with “free attorneys” like me, they are very wary of what kind of representation they will actually receive. So it’s important to me to instill some confidence. I hope that seeing me at my desk and speaking with me face-to-face helps them feel like they have a real attorney who cares about their case. | We also meet with our clients, because no one knows their situation better than they do. When tenants are assigned to work with “free attorneys” like me, they are very wary of what kind of representation they will actually receive. So it’s important to me to instill some confidence. I hope that seeing me at my desk and speaking with me face-to-face helps them feel like they have a real attorney who cares about their case. |
| I want our meetings to be a positive experience, but I often say that my office is a den of sadness because people come in, sit down, and just cry. I do my best to make my office a safe space and to give them the time that they need to express themselves. That’s why client meetings can take hours of my day. | I want our meetings to be a positive experience, but I often say that my office is a den of sadness because people come in, sit down, and just cry. I do my best to make my office a safe space and to give them the time that they need to express themselves. That’s why client meetings can take hours of my day. |
| Another challenge is that a lot of our clients do not have enough money to pay their arrears, which is the rental debt they’ve accumulated. It is part of my job to go to organizations to ask for payment assistance. I apply to ask city agencies and organizations that have programs set up for one-time emergencies or low-income renters. I apply to charities to see if they can assist with a month or two of payments. | Another challenge is that a lot of our clients do not have enough money to pay their arrears, which is the rental debt they’ve accumulated. It is part of my job to go to organizations to ask for payment assistance. I apply to ask city agencies and organizations that have programs set up for one-time emergencies or low-income renters. I apply to charities to see if they can assist with a month or two of payments. |
| Sometimes there’s nothing that can be done to save a tenancy and in some rare cases clients have to enter the shelter system. It’s very defeating to think that’s the only option for some people, and I can’t do anything about it. That haunts me. | Sometimes there’s nothing that can be done to save a tenancy and in some rare cases clients have to enter the shelter system. It’s very defeating to think that’s the only option for some people, and I can’t do anything about it. That haunts me. |
| But if we don’t go to work every day and move things along to try to find solutions, no one will. Because things are so hard, there is an amount of attrition and burnout. That puts pressure on those of us who stay – on top of our own caseloads, we absorb cases from the attorneys who leave. | |
| There is this feeling that there are no breaks, like I can’t take a sick day or a vacation, or else I’ll fall behind and something bad will happen. I took some time off during the December holidays – it was approved and scheduled – but I just ended up working through it. | There is this feeling that there are no breaks, like I can’t take a sick day or a vacation, or else I’ll fall behind and something bad will happen. I took some time off during the December holidays – it was approved and scheduled – but I just ended up working through it. |
| I don’t want to put anyone off. New attorneys should feel encouraged to enter public service. This work is challenging, but it’s very rewarding. It’s intellectually stimulating. I’m in court every week, building motion and trial skills in front of judges. It certainly doesn’t pay as well as going to a big corporate firm, but it is fulfilling, personally and professionally. | I don’t want to put anyone off. New attorneys should feel encouraged to enter public service. This work is challenging, but it’s very rewarding. It’s intellectually stimulating. I’m in court every week, building motion and trial skills in front of judges. It certainly doesn’t pay as well as going to a big corporate firm, but it is fulfilling, personally and professionally. |
| I do firmly believe that it’s a good idea to provide free representation to all low-income New Yorkers who are facing eviction. However, what’s touted as the “right to counsel” law has no actual teeth. Tenants may have the ability to speak to an attorney, but they don’t necessarily have the right to an attorney represent them from start to finish, even if they qualify for assistance. The law isn’t really a guarantee of much help. | I do firmly believe that it’s a good idea to provide free representation to all low-income New Yorkers who are facing eviction. However, what’s touted as the “right to counsel” law has no actual teeth. Tenants may have the ability to speak to an attorney, but they don’t necessarily have the right to an attorney represent them from start to finish, even if they qualify for assistance. The law isn’t really a guarantee of much help. |
| Still, legal services providers are trying to take as many cases as they can. But there’s a limit to how much we can realistically handle. As an attorney, I also want to be effective. With the recent surge of cases over the last year, my caseload usually reaches about 50. So the question becomes: how many cases can I take on without sacrificing a standard of practice? It’s very important that if I take a case, I do my due diligence and make sure that I represent my client to my fullest ability. | Still, legal services providers are trying to take as many cases as they can. But there’s a limit to how much we can realistically handle. As an attorney, I also want to be effective. With the recent surge of cases over the last year, my caseload usually reaches about 50. So the question becomes: how many cases can I take on without sacrificing a standard of practice? It’s very important that if I take a case, I do my due diligence and make sure that I represent my client to my fullest ability. |
| The solution: in the short term, eviction attorneys need the courts to slow down and make adjustments for our bigger caseloads. In the long term, hopefully we will receive the funding we need for bigger units and more attorneys who can bring us back to a more balanced practice and better work-life balance. | The solution: in the short term, eviction attorneys need the courts to slow down and make adjustments for our bigger caseloads. In the long term, hopefully we will receive the funding we need for bigger units and more attorneys who can bring us back to a more balanced practice and better work-life balance. |
| Every legal service provider has at least one day a week at the courthouse called an intake day. This is where we meet prospective clients to see if we can take their cases. We can’t take everyone, so we try to prioritize the most vulnerable tenants. For example, if someone has a rent-stabilized apartment, that’s a tenancy we’re more likely to be able to save. Or if there’s someone who’s elderly or disabled, we know that person needs our help. The toughest cases on intake are the ones where there are no legal arguments to make to keep a tenant in the home. In those cases, sometimes we can get by with the empathy of a landlord. That’s very, very rare, but it can happen. | Every legal service provider has at least one day a week at the courthouse called an intake day. This is where we meet prospective clients to see if we can take their cases. We can’t take everyone, so we try to prioritize the most vulnerable tenants. For example, if someone has a rent-stabilized apartment, that’s a tenancy we’re more likely to be able to save. Or if there’s someone who’s elderly or disabled, we know that person needs our help. The toughest cases on intake are the ones where there are no legal arguments to make to keep a tenant in the home. In those cases, sometimes we can get by with the empathy of a landlord. That’s very, very rare, but it can happen. |
| Sadly, empathy doesn’t always work. There’s a case that will always stick with me. One of my clients had stage four cancer and a prognosis of six months to live. Given the circumstances, I thought it might be fair to just delay the case and not move forward with a trial. But the landlord was very adamant about having one. The landlord’s attorney put her on speaker phone during a court conference, and I remember her screaming on the phone, saying she didn’t care if this person died on the street. | Sadly, empathy doesn’t always work. There’s a case that will always stick with me. One of my clients had stage four cancer and a prognosis of six months to live. Given the circumstances, I thought it might be fair to just delay the case and not move forward with a trial. But the landlord was very adamant about having one. The landlord’s attorney put her on speaker phone during a court conference, and I remember her screaming on the phone, saying she didn’t care if this person died on the street. |
| I kept trying to tell the landlord and her attorney that this tenant might not even live long enough to see a trial date. I tried to convince them that we should give this woman some peace of mind during what was most likely the last few months of her life. But that wasn’t enough: the trial got scheduled. We never made it there, though, because she passed away. | |
| Mallika Kaushal is a staff attorney at a legal services provider in New York and a member of the Legal Services Staff Association | Mallika Kaushal is a staff attorney at a legal services provider in New York and a member of the Legal Services Staff Association |
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