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LAS: Housing Court Must Slow Cases to Allow for Full Representation

New York’s 2017 Right to Counsel law ensures that low-income tenants have access to free legal representation in eviction matters, but The Legal Aid Society, one organization that provides such services, is sounding the alarm that a high volume of proceedings is pushing providers beyond their capacity to adequately represent those in need.

Last month advocates sent a letter to New York State’s Chief Judge Janet DiFiore raising their concerns.

“Some organizations have declined to do intakes simply because they have no attorneys to whom they can assign the cases,” the letter reads in part. “Across organizations, attorneys are taking on unprecedented caseloads; some attorneys have upwards of 60-80 cases.”

While Legal Aid has not yet had to turn down any cases, Adriene Holder, Attorney-in-Charge of the Civil Practice acknowledged that without action by the court services providers in all five boroughs would eventually hit a wall.

DiFiore asked the city’s housing courts to address the issues of volume and capacity, however, Supervising Judge Jean T. Schneider has refused to reduce hearings. The result is New Yorkers facing eviction proceedings without representation. Gothamist reports that on March 1st 18 qualified tenants were forced to appear in court without an attorney.

Advocates are demanding the court temporarily pause some cases and reduce the volume of cases that are calendared while the backlog of proceedings created by the COVID-19 pandemic can be cleared.