If you or your law firm is interested in volunteering on any of the various matters below, please e-mail Rachel D. Jaffe, or call (212) 541-5996 for further details. Listed below is a sample of legal matters and proceedings for which HCC is seeking pro bono assistance:
I. Litigation
CASE 1—ARTICLE 78 re: HPD RENT INCREASE DECISION
A Tenants’ Association is seeking pro bono legal representation in an Article 78 to appeal the decision of NYC Department of Housing Preservation and Development (HPD) regarding a recent rent increase. The tenants live in a Section 236 Mitchell-Lama housing project with 397 apartments. In March 2008, the not-for-profit ownership Board of the building applied to HUD / HPD for a rent increase covering every apartment. HPD is the agency charged with evaluating the owner’s application for a rent increase (based on building finances) and subsequently issuing the final rent increase figures. HPD has never provided a written explanation of their figures and has only given verbal explanations during a meeting with tenant representatives, owner representatives and Housing Conservation Coordinators staff. Preliminary legal research indicates that HPD may have made an arbitrary and capricious decision in granting the rent increases. Note: The Commissioner’s Rent Increase Order is dated March 30, 2009—the date on which the Article 78 four-month statute of limitations starts tolling. Any firm interested in this representation would need to be able to commence the proceeding by the end of July 2009.
CASE 2 —CIVIL SUIT AGAINST LANDLORD/MARSHAL FOR LOSS OF PROPERTY
HCC seeks a pro bono attorney to represent a low-income family of five in a lawsuit against their landlord and/or marshal with regard to personal property that disappeared while they were unlawfully locked out of their apartment. The elderly tenant and her four household members were evicted and locked out without receiving any notice of a legal proceeding against them for nonpayment of rent. The tenants had been withholding rent because of much-needed ceiling repairs. The family has resumed possession of their apartment pursuant to a court order and stipulation. However, upon returning to their unit, they realized that many items of personal property—including the computer and family heirloom jewelry—were missing.
CASE 3 —ACTION FOR CONVERSION + TRESPASS IN LIMITED-EQUITY CO-OP
One of our clients has been appointed Administrator of her late brother’s estate. Her deceased brother was a shareholder in a limited-equity co-op. We believe that the estate has claims for both conversion and trespass against the corporation because the co-op Board hired a contractor to gut-renovate the shareholder’s apartment immediately after his death, removing all of his personal property and disposing of everything. The Board acted in this manner even though both the Board members and the co-op’s attorney were on-notice that our client had filed for letters of administration with the Surrogates Court. While our client had not been formally appointed Administrator at the time the bulk of the work was completed, we sent numerous letters to the co-op’s attorney requesting that all work to the unit cease until the Surrogate’s Court had completed the administration assignment process, to no avail. The actions of the Board left the estate with nothing of value except for the actual shares in this co-op.
CASE 4 —YOUTH HOSTEL IN RESIDENTIAL BUILDING IN VIOLATION OF STIP
This matter takes place in a building with on-going tenant harassment issues. A new tenant, presumably with the Landlord’s consent and knowledge, has now started a youth hostel comprised of two residential units on the fourth floor, which s/he is advertising on the internet. Not only is it illegal to put a hotel in this building, but it is a clear violation of a June 2006 stipulation resulting from a 7A proceeding between the building owner and tenants, which requires the owner to execute the certified Loft Board plans. Those plans show two Class "A" residential units on the fourth floor, not a 28-bed hotel. Illegal hotels are running rampant in Hell’s Kitchen. In this case, the building tenants have a stipulation which calls for class "A" residential units, (hotel use is class "B") that has been violated. This request is for the Tenants’ Association’s pro bono legal assistance in taking appropriate actions to enforce the stipulation and to immediately cease the use of the units for an illegal youth hostel.
II. Transactional matters
CASE 1 —BRIEF LEGAL ADVICE ON TAX ISSUE
Housing Conservation Coordinators represents a group of clients/tenants who may receive a buyout from the Landlord of $250,000-$500,000 per tenant. The clients’ economic situations vary but all are considered low- to moderate-income. What are the impacts of this one-time buyout for tax purposes? We also need information on the implications a lump-sum would have on the clients’ Section 8, Social Security Disability and SSI benefits. Are there different ways to structure the payout to protect the tenants from both debilitating income tax payments and/or from losing their public subsidies? More information can be provided upon request, including information about individual situations.
III. Evening Clinics
HCC operates a Monday evening legal clinic, which provides free legal information on a variety of legal topics. HCC seeks attorneys who are interested in volunteering in that clinic. HCC staff will train the attorney; the next training session is TBD. HCC staff attorneys organize and supervise the clinic and are available for the volunteer attorney if an issue arises.
If you are interested in volunteering, please contact Rachel D. Jaffe.
