COUNCIL MEMBER MENDEZ PROPOSES HISTORIC LEGISLATION TO HELP KEEP LOW-INCOME SENIORS IN THEIR HOMES

Photos may be attributed to William Alatriste/New York City Council.

THE COUNCIL OF THE CITY OF NEW YORK
OFFICE OF CITY COUNCILWOMAN ROSIE MENDEZ

250 BROADWAY, Room 1734
NEW YORK, NY 10007
(212) 788-7366

**FOR IMMEDIATE RELEASE**
November 15, 2007

COUNCIL MEMBER MENDEZ PROPOSES HISTORIC LEGISLATION TO HELP KEEP LOW-INCOME SENIORS IN THEIR HOMES
Bill Will Provide Free Legal Counsel to Seniors Facing Eviction and Foreclosure

City Hall, November 15th, 2007 * Council Member Rosie Mendez announced pioneering legislation today to protect New York City's low-income seniors from eviction and foreclosure. The Right to Counsel Bill will provide free legal representation to seniors with household incomes of less than $27,000 who are in jeopardy of losing their home. With evictions and foreclosures threatening many New Yorkers, The Right to Counsel Bill has garnered considerable support, with 21 Council Members and 80 community groups in support. Councilwoman Mendez was joined by several of the Council Members and supporting groups.

"It is unconscionable that senior citizens continue to be evicted from their homes without knowing their legal rights," said District 2 Council Member Rosie Mendez. "By providing free legal support for our city's most vulnerable population, Right to Counsel will eliminate a tremendous social injustice. This is the right thing to do, both morally and financially."

The details of Right to Counsel are as follows:
· In order to be eligible, the senior must be 62 years old or older and have a disposable household income of $27,000 or less.
· If an eligible senior is facing eviction, a civil justice coordinator appointed by the
Commissioner of the Department of Homeless Services will assign legal counsel to the senior upon receiving the request of services from either the senior, a judge, or a designated organization.
· The coordinator will select an organization that has met the quality standards set out in the legislation and the organization will be adequately compensated for their work.

Before accounting for savings, The Right to Counsel Bill would cost the city approximately $10 million/year, according to the Independent Budget Office (IBO). However, considering that sheltering a senior costs $23,000 and homeless seniors are far more likely to place a strain on the healthcare system, there would be significant cost savings. IBO estimated that approximately 8,000-10,000 seniors would utilize the Right to Counsel legislation on an annual basis. Studies have shown that a very small percentage of tenants who obtain representation in Housing Court eviction proceedings actually lose their homes.

"Keeping seniors in their homes should be one of our city's top priorities," said Councilwoman Maria del Carmen Arroyo, chair of the Aging Committee. "Passing Right to Counsel would be a major step towards reaching that goal."

"Access to our courts is a lynchpin of democracy, but without expert representation fair access is just a charade," said Borough President Scott Stringer. "The majority of tenants who represent themselves in court lose their cases, and in New York City 5,000 older residents face eviction every year without an attorney. So, we can pass this law, and provide them with legal council, or we can admit that, as a society we're willing to put our senior citizens out on the street. It's as simple as that."

"Every day, our organization sees up close how difficult housing court is for people who do not have attorneys," said Louise Seeley, Executive Director of City Wide Task Force on Housing Court. "Establishing a Right to Counsel at housing court would protect thousands of low-income senior citizens from unnecessary evictions * evictions that impose an enormous cost on all New Yorkers, not just in dollars but in losses to communities that cannot be given a price tag."

"Council Member Mendez has taken a bold, creative step to solve one of the most brutal problems facing senior citizens," said Laura Abel, Deputy Director ay the Brennan Center Strategic Fund. "Eviction is a terrible process for anyone. An element of needless injustice enters an already awful picture when tenants lose their homes because they didn't have a lawyer to represent them in court. If RTC passes, the question of whether a New Yorker has a roof over his head will no longer be determined by his ability to hire a lawyer."

"Senior citizens deserve fair and equitable representation in legal matters, which is why creating a right to counsel in housing court for low-income seniors is essential for New York's elderly population," said David R. Jones, president and CEO of the Community Service Society of New York. "Housing laws and court are both expensive and confusing, and they present a complex maze of information to the average person. Almost 98 percent of landlords have in-court representation, while less than 12 percent of tenants have a lawyer by their side, resulting in lopsided justice. This bill is a step in the right direction and will provide concrete services to one of New York's most vulnerable populations."

"The numbers of seniors is increasing; Poverty and low fixed incomes are increasing; Rent is increasing," said Bobbie Sachman, Executive Director of the Council of Senior Centers and Services of NYC. "Seniors deserve to have a lawyer in housing court. Imagine being 80 years old and facing eviction. Would you send your grandmother to housing court without a lawyer? The right to counsel for older New Yorkers in Housing Court will go a long way to making New York City a good place to grow old in."

"Such a right to counsel would go a long way to ensuring universal access to justice and protection of constitutional rights to due process and equal protection," said Catherine A. Christian, President of the New York County Lawyers Association. "New York City could be a national model if it adopted and funded a civil right to counsel in Housing Court."

There is a coalition of 80 groups that support this legislation:

ACORN
Aids Center of Queens County
Association for Neighborhood and Housing Development
Association of Legal Aid Attorneys UAW 2325
Brennan Center Strategic Fund
Bronx Jewish Community Council
Brooklyn Housing and Family Services
Bushwick Housing Independence Project
CAMBA Legal Services, Chelsea Housing Group of Hudson Guild
City-Wide Task Force on Housing Court
Coalition to Save Affordable Housing of Co-op City
Community Service Society, Council of Senior Centers and Services
Diana H. Jones Senior Center, District Council 37
Drum Major Institute for Public Policy
Erasmus Neighborhood Federation
Federation of Protestant Welfare Agencies
Flatbush Development Corporation
Goddard Riverside Center
Good Ole Lower East Side
Grand Coalition of Seniors
Greater Woodhaven Development Corporation
Harlem Tenants Council
Help USA- Home Base
Henry Street Settlement
Hispanic Senior Action Council
HIV Law Project
Housing Conservation Coordinators
Independence Plaza North Tenants Association
Institute for the Puerto Rican/Hispanic Elderly
Jewish Board of Family and Children Services
Jewish Community Council of the Rockaway Peninsula
Kickerbocker Plaza Tenant's Association
Legal Aid Society
Legal Services Staff Association UAW 2520
Lenox Hill Neighborhood House
Los Sures- Southside HDFC
Lower Manhattan Health Care Coalition
Make the Road New York
Manhattan Boro-Wide Inter-Agency Council on Aging
Manhattan Met Council on Housing
MFY Legal Services
Midwood Neighborhood Self-Help By Older Persons Project at Casa Boricua Senior Center
Mitchell-Lama Residents Coalition
NEDAP
Neighborhood Association for Inter-Cultural Affairs, Inc.
New York County Lawyers' Association
New York Legal Assistance Group
Northern Manhattan Improvement Corporation
Nos Quedamos
NYC Emergency Food & Shelter Program
One Stop Senior Services, Partnership for the Homeless
Project Samaritan, Inc.
Queens Community Civic Corporation
RAIN, Schomberg Plaza Tenants Association
Sephardic Bikur Holim
South Bronx Action Group
St. Nicholas Neighborhood Preservation Corporation
Staten Island Inter-Agency Council for Aging,
Tenant & Neighbors
United Jewish Council of East Side
United Neighborhood Houses of New York
United Way of NYC
University Settlement
Urban Justice Center Woman's Housing & Economic Development Corp.

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Contacts:
Greg Geller, Office of Council Member Rosie Mendez (212) 788-7366/(646) 584 5656
Bobbie Sackman, Council of Senior Centers and Services of New York City (212) 398-6565
Louise Seeley, NYC Coalition for a Right to Counsel for Senior Citizens (646) 957-3489
Tracy Munford, Community Service Society (646) 483-6804
Mike Webb, Brennan Center Strategic Fund (212) 998-6746