NYC Office of Civil Justice
2018
ANNUAL REPORT
Human Resources
Administration
TM
Department of
Social Services
Table of Contents
Acknowledgments…………………………………………………………………...
2
About the Human Resources Administration/Department of Social Services…..
2
Introduction…………………………………………………………………………
3
Main Findings……………………………………………………………………….
5
Funding for Civil Legal Services for Low-Income New Yorkers………………….
7
Legal Services for New York City Tenants………………………………………...
13
Legal Services for New York City Homeowners Facing Foreclosure……………..
30
Legal Services for Immigrant New Yorkers……………………………………….
33
Other City-Funded Civil Legal Services Programs………………………………..
50
Conclusion…………………………………………………………………………...
52
APPENDICES………………………………………………………………………
53
2
Acknowledgments
This report was prepared by the Office of Civil Justice, New York City Human Resources
Administration.
Special thanks to Ryan Ahern and Kinsey Dinan of the Office of Evaluation and Research of
the Department of Social Services; John Gergely, Marcus Angeron and Caroline Antonelli of
HRA’s Homelessness Prevention Administration; Rosine Ferdinand and John Brickner of
DSS’ Finance Office; and Jaclyn Moore, Joseph Jones, Rebecca Rothman Klein, Agne
Jomantaite and Glory Rosario of the Office of Civil Justice for their invaluable assistance.
We also want to express our gratitude to the dedicated staff of the legal services community
who every day provide valuable legal assistance to New Yorkers in need.
About the Human Resources Administration/Department of Social Services
The New York City Human Resources Administration (HRA)/Department of Social Services
(DSS) is the nation’s largest social services agency assisting over three million New Yorkers
annually through the administration of more than 12 major public assistance programs,
including:
Economic support and social services for families and individuals through the
administration of major benefit programs (Cash Assistance, Supplemental Nutritional
Assistance Program benefits [food stamps], Medicaid, and Child Support Services);
Homelessness prevention assistance, educational, vocational and employment
services, assistance for persons with disabilities, services for immigrants, civil legal
assistance, and disaster relief; and
For the most vulnerable New Yorkers: HIV/AIDS Services, Adult Protective
Services, Home Care, and programs for survivors of domestic violence.
3
Introduction
In June 2015, with the signing of City Council Intro 736-A into law by Mayor Bill de Blasio,
New York City’s Office of Civil Justice (OCJ) was created as a part of the New York City
Human Resources Administration (HRA)/Department of Social Services (DSS). For the first
time, an office was created to oversee and monitor the City-supported civil legal services
available to low-income New Yorkers and other residents in need, and to study the impact
and effectiveness of the services that are available to New Yorkers as well as the need for
such services. OCJ shares HRA’s mission of fighting poverty, reducing income inequality,
and addressing homelessness in New York City.
New York City’s Fiscal Year 2018 marked OCJ’s first full year of implementation for New
York City’s Universal Access to Counsel law. New York City is the first city in the United
States to enact a law making legal assistance available to all tenants facing eviction in
Housing Court and in New York City Housing Authority (NYCHA) termination of tenancy
proceedings, and we are well on our way towards a full and successful rollout of this
groundbreaking initiative. Expansion of legal services for low-income New York City
tenants continued this fiscal year and will continue to grow in the years ahead, part of a
range of OCJ’s legal services for tenants, supported by Administration funding which for the
first time this year exceeds $100 million, and which is expected to total $155 million in
overall annual funding for tenant legal services with an additional $11 million that has just
been provided in this fiscal year that will be allocated to support legal services for 400,000
New Yorkers when fully implemented in FY2022.
In FY2018, $48 million in Administration and Council funding supported an array of free
immigration legal services programs in over 25,000 cases, ranging from legal screenings and
advice, to assistance filing petitions for legal status, to legal representation for immigrants
seeking asylum or facing deportation. At a time when immigrant New Yorkers face an
escalating risk of immigration-based arrests and deportation, this programming has never
been more urgent or important, and FY2018 saw gains in key areas of legal need for
immigrants in New York City.
In the current fiscal year, OCJ’s work also includes the launch of new and expanded
initiatives providing legal assistance for low-wage workers facing violations of their rights in
the workplace as well as survivors of domestic violence in need of legal help to navigate the
complex landscape of divorce and related issues of family and matrimonial law. These
programs, which involve partnerships among OCJ, other agencies, the City Council and
nonprofit law firms, exemplify the City’s commitment to increasing fairness and equity in
making justice accessible for all.
4
This third Annual Report is respectfully submitted to provide insights into the recent work
of the Office of Civil Justice in establishing, enhancing, and evaluating civil legal services in
New York City.
5
Main Findings
New York City is investing $171 million overall for civil legal services for low-income
New Yorkers in FY2019. Mayoral funding for civil legal services programs comprises
more than $139 million of this total investment, over 80% of the City’s commitment
to civil legal services programs for New Yorkers. Increases in FY2019 include
additional funding for expanded legal services for tenants facing eviction and
harassment, for immigrant New Yorkers facing deportation and other legal
challenges, for survivors of domestic violence in need of legal help, for veterans and
for working New Yorkers to help protect and defend their rights in the workplace.
In FY2019, Mayoral funding for legal services programs for tenants administered by
OCJ exceeded $100 million for the first time. Since 2014, City-funded legal services
programs have provided free legal representation, advice or assistance in eviction and
other housing-related matters to almost a quarter-million New York City residents.
OCJ’s implementation of New York City’s Universal Access to Counsel law is leveling
the playing field for tenants in Housing Court. In the last quarter of FY2018, 30% of
tenants appearing in Housing Court for eviction cases were represented by attorneys
in court, a substantial increase from the representation rate for tenants of 1% in 2013.
In those neighborhoods selected for targeted legal services access in the first phase of
Universal Access implementation, the legal representation rate was 56%.
As access to legal services has increased for tenants, residential evictions by City
marshals have reached historic lows. There were approximately 18,000 marshal’s
evictions in 2018, a 37% decline compared to 2013 when there were nearly 29,000
evictions. As a result, approximately 100,000 New Yorkers remained in their homes
who would otherwise have been evicted.
Increases in housing legal services continue to have an impact in the courts. Eviction
filings have declined by 12% between 2013 and 2018, and dropped by more than 5%
in 2018 alone. Between 2014 and 2018, emergency orders to show cause fell by nearly
49,000 – a decline of 24% - and pretrial motions increased by 4,000, or a rise of 19%.
6
Since 2015, the Anti-Harassment Tenant Protection program has assisted close to
60,000 New Yorkers in over 23,000 cases, providing legal help to tenants facing
displacement, disrepair and harassing treatment. One-half of AHTP cases involved
legal representation in eviction cases in Housing Court, and more than one-third
involved legal assistance in courts and administrative proceedings on behalf of groups
or individuals to assert their rights as tenants. The vast majority of AHTP clients live
in rent-regulated homes.
Foreclosure cases against New York City homeowners have substantially declined, but
rates of legal representation for homeowners show mixed trends. Citywide, the number
of foreclosure cases filed in the five boroughs fell by 42% from 2013 to 2017 while the
proportion of homeowners represented by counsel in court has declined in some
boroughs and increased in others during the same period.
City-funded legal programs served immigrant New Yorkers in over 25,000 cases in
FY2018. Administration-funded legal services programs including ActionNYC, the
Immigrant Opportunity Initiative, and federal Community Service Block Grant
(CSBG)–funded services administered by OCJ provided legal representation, advice
and other assistance in approximately 18,000 cases in FY2018, a 22% increase
compared to FY2017, and City Council-funded programs including the New York
Immigrant Family Unification Project (NYIFUP) and the Immigrant Child
Advocates’ Relief Effort (ICARE) provided legal representation to thousands of
immigrants facing deportation.
There are increased numbers of immigrant New Yorkers facing deportation. In New
York City, the majority of immigrants facing deportation in immigration court are
now represented by counsel, but there is a growing need for representation1 for
immigrant New Yorkers in the wake of dramatic escalation in immigration
enforcement against New Yorkers, which has required OCJ to allocate increased
funding in this fiscal year.
7
Funding for Civil Legal Services for Low-Income New Yorkers
Civil legal services in New York City are supported by a diverse mix of funding streams
including both public and private sources. Local and state governmental support for these
services has grown substantially in recent years, while federal funding has declined. Although
overlapping fiscal years
1
for different levels of government make it challenging to calculate
total funding by calendar year, it is clear that New York City funding for civil legal services
has increased substantially in the past several years (see Figure 1).
Figure 1: Public Funding for Civil Legal Services Providers in New York City (in millions),
FY2013–FY2019*
1
Unless otherwise noted, “fiscal year” in this Report refers to the New York City fiscal year, which runs from
July 1 to June 30 (e.g., Fiscal Year 2019 runs from July 1, 2018 to June 30, 2019).
$12.9
$10.9
$11.1
$11.7 $11.7
$12.6
$12.4
$24.9
$33.9
$41.9
$50.6
$58.6
$58.6
$61.2
$22.6
$23.1
$45.9
$75.8
$111.5
$142.6
$171.0
$60.4
$67.8
$98.9
$138.1
$181.9
$213.8
$244.6
$-
$50.0
$100.0
$150.0
$200.0
$250.0
$300.0
FY13 FY14 FY15 FY16 FY17 FY18 FY19
FED TOTAL NYS TOTAL NYC TOTAL
8
* Amounts reflect the fiscal year for the relevant government entity: Federal Fiscal Year starts October 1; State Fiscal Year starts
April 1; and City Fiscal Year starts July 1.
Sources: Data on NYC funding compiled by HRA Office of Civil Justice. NY State funding complied from data supplied by Office
of Court Administration and published data on the NY State Interest on Lawyers Account (IOLA) Fund: (2012, 2014 Annual
Reports, 2015–17 grant schedule; 2018–19 grant schedule), at www.iola.org. Federal funding data taken from Legal Services
Corporation Grantee Data, retrieved from http://www.lsc.gov/grants-grantee-resources/grantee-data.
New York City Funding
City governmental funding for civil legal services is primarily allocated through contracts
currently administered by OCJ, encompassing baselined programs supported through the
Mayoral budget as well as discretionary grants provided to nonprofit organizations by
members of the City Council, as discussed further below. As shown in Figure 2, New York
City invested more than $142 million in civil legal services in FY2018, and in FY2019,
increased total City funding for civil legal programs to $171 million, representing historical
high points for both Mayoral and City Council discretionary funding for civil legal programs.
Figure 2: New York City Funding for Civil Legal Services (in millions), FY2013–FY2019
Source: HRA Office of Civil Justice
City funding increases in FY2019 for civil legal services at OCJ were driven by growth in
legal services for tenants, including the continued implementation of the City’s Universal
Access program providing legal services for tenants facing eviction in New York City
Housing Court and New York City Housing Authority (NYCHA) administrative termination
$10.9
$10.8
$24.4
$52.2
$83.7
$113.0
$139.7
$11.8
$12.3
$21.5
$23.5
$27.8
$29.6
$31.3
$22.7
$23.1
$45.9
$75.7
$111.5
$142.6
$171.0
$0.0
$20.0
$40.0
$60.0
$80.0
$100.0
$120.0
$140.0
$160.0
$180.0
$200.0
FY13 FY14 FY15 FY16 FY17 FY18 FY19
Mayoral City Council
9
of tenancy hearings. Administration funding in FY2019 for anti-eviction legal services is
$54.8 million. Together with increased investments in anti-harassment legal services in
neighborhoods across the City and in fair housing legal education and legal assistance in the
Broadway Triangle neighborhood of Brooklyn, the overall funding for tenant legal services
grew to over $104 million in FY2019.
In addition, a $2 million Administration allocation and $500,000 in Council discretionary
grants support the provision of free legal advice and representation for workers in
employment-related cases ranging from advocacy regarding employee rights and worker
exploitation to lawsuits to recover unpaid wages and overtime pay, unemployment
insurance, and family and medical leave, unlawful discrimination and employer retaliation,
as well as outreach and legal education programs designed to provide information to educate
workers about their rights and the availability of legal assistance. This funding commitment
followed OCJ’s analysis of the availability of such services in the 2017 OCJ Annual Report
and Strategic Plan which identified legal services for low-wage workers to protect and defend
their rights in the workplace. Implementation of this funding began during FY2019; nine
nonprofit legal services and workers advocacy organizations were contracted to provide legal
assistance for approximately 1,900 working New Yorkers as well as to conduct outreach and
education for workers about their legal rights as workers in New York City. A list of
participating organizations in this initiative is included at Appendix 1.
FY2019 also saw increased investment by the City Council in the Citizenship NOW!
naturalization assistance program at the City University of New York and in the City
Council’s Immigrant Children Advocates’ Relief Effort/Unaccompanied Minors and Families
Initiative (ICARE/UMFI) and Immigrant Opportunities Initiative (IOI) programs. Also in
FY2019, the Council more than doubled its funding for the Supportive Alternatives to
Violent Encounters (SAVE) program at OCJ to $850,000 to provide survivors of domestic
violence with legal representation and advice in civil matters in Family Court as well as
matrimonial disputes in Supreme Court, and discretionary grants for legal services programs
serving veterans and in Legal Services for Low-Income New Yorkers and Legal Services for
the Working Poor programs were also increased.
10
New York State Funding for Civil Legal Services
New York State funds for civil legal services are primarily allocated through two grant
programs: Judiciary Civil Legal Services (JCLS) awards administered by the State Office of
Court Administration (OCA), and the Interest on Lawyer Account (IOLA) Fund of the State
of New York.
Total annual Judiciary and IOLA funds for civil legal services granted to providers in New
York City more than doubled in the past six years, from $24.9 million in FY2013 to $61.2
million in both FY2018 and FY2019 (see Table 1). This is a result of increased civil legal
services funds in the Judiciary budget allocated by Chief Judge Janet DiFiore and former
Chief Judge Jonathan Lippman.
Table 1: New York State Judiciary Funding Awarded to Civil Legal Service Providers in New
York City, FY2013–FY2019 (in millions)
FY2013
FY2014
FY2015
FY2016
FY2017
FY2018
FY2019
JCLS
$14.1
$21.3
$29.3
$37.3
$47.4
$47.4
$47.4
IOLA*
$10.8
$12.5
$12.5
$13.2
$13.2
$13.8
$13.8
Total**
$24.9
$33.9
$41.9
$50.6
$60.6
$61.2
$61.2
* IOLA awarded 15-month grants for the period January 1, 2012 through March 31, 2013; amount reported for FY2013 has been
prorated to reflect 12 months. For the period FY2014 through FY2019, IOLA funds were distributed through two-year contracts.
Annual amounts reported here represent 50 percent of the total contract value.
** Amounts may not add up to totals due to rounding.
Sources: New York State funding compiled from data supplied by Office of Court Administration, and published data from the
Permanent Commission on Access to Justice and the NY IOLA Fund: (2012, 2014, 2015, 2017, 2018 IOLA Annual Reports,
2016 and 2017 Access to Justice Annual Reports). Retrieved from www.iola.org, http://ww2.nycourts.gov.
OCA’s Judiciary Civil Legal Services (JCLS) Grants
JCLS grants to nonprofit legal services organizations fund assistance for low-income
residents with civil legal matters involving four so-called “essentials of life” categories:
housing, family matters, subsistence income, and access to health care and education. These
grants constitute the majority of the Judiciary’s commitment to address civil legal needs of
low-income New York State residents. JCLS funding for New York City–based legal services
providers more than tripled between FY2013 and FY2017, from $14.1 million to $47.4
million. The Judiciary has maintained this funding level through FY2019 and is expected to
continue through FY2021 (see Table 1).
11
JCLS grantees in New York City include a diverse group of legal providers and community-
based organizations, with some supporting a broad range of legal services and others
targeting specific domains or populations. A list of JCLS grantee organizations for 2017
through 2021 is included at Appendix 2.
Interest on Lawyer Account (IOLA) Fund
The Interest on Lawyer Account (IOLA) Fund supports nonprofit organizations that provide
legal assistance to low-income people throughout New York State. The IOLA Fund receives
money through interest earned on a statewide escrow account. Attorneys in private practice
routinely receive funds from clients to be used for future representation. If these funds are
substantial, or are intended to be kept for long periods of time, they are customarily
deposited in an attorney trust account. However, small or short-term funds are typically held
in a statewide, centralized escrow account. Interest income generated by the statewide
account is then competitively awarded to civil legal services providers throughout the state
via the IOLA Fund. IOLA grantees serve clients in a range of civil legal areas, including
housing, immigration, public benefit advocacy, family, education, and consumer law. These
organizations provide direct representation, as well as brief advice and pro bono
administration.
The revenue generated by the IOLA account may vary year to year as a result of
fluctuations in interest rates and economic conditions. Due to increased interest rates on
IOLA accounts, IOLA funding for New York City-based legal services organizations will
increase to $19.9 million in State Fiscal Year 2020 (beginning April 1, 2019), compared to
$13.8 million allocations in NYS Fiscal Years 2018 and 2019. A list of NYC-based IOLA
grantees for FY2018–19 is included at Appendix 3.
Other State Initiatives
The New York State Budget for State FY2018 provided $16.4 million statewide to assist
New York State residents with immigration concerns, including $10 million allocated to the
Liberty Defense Project (LDP) annually in both State FY2018 and FY2019.
2
In March
2019, the launch of a new State-funded regional rapid response program was announced,
2
At the time of reporting it was unclear what amount of LDP funding is specifically allocated to providers or
programs within New York City. LDP is not included in NYC-based funding attributed to New York State in
Table 1.
12
intended to provide immigration legal assistance and direct representation in response to
emergent situations involving ICE raids and arrests, including within New York City.
3
The
Liberty Defense Project is administered by the State's Office for New Americans (ONA) and
is run in partnership with law firms, legal associations, advocacy organizations, major
colleges and universities and bar associations.
ONA has also announced that it will be supporting several community-based Opportunity
Centers across New York State including in New York City to provide services, including
legal consultation, naturalization assistance, community workshops, and civics education
statewide.
Federal Funding for Civil Legal Services
Federal funding for civil legal services is distributed through the Legal Services Corporation
(LSC), which was established by Congress in 1974 as a mechanism for federal funding of civil
legal services for low-income families and individuals. LSC awards several categories of
grants supporting access to justice in areas such as housing, health, income maintenance,
employment, education, and consumer finance. To be eligible for LSC funding, providers
must offer a full range of legal aid in a specified service area; the five counties of New York
City constitute one service area. Grantees must serve clients whose household income is at or
below 125 percent of the Federal Poverty Guidelines.
Consistent with national trends, LSC funding awarded in the New York City service area
through its Basic Field Grant program has declined over the past two decades. Projected
funding in Federal Fiscal Year 2019 is $12.4 million, down from $17.6 million in 2010. The
sole recipient of such funding in New York City is the legal services provider Legal Services
NYC.
3
Office of the Governor, (March 14, 2019). Press Release: Governor Cuomo Announces New Measures to Assist
Immigrants and Protect Them from ICE. Retrieved from https://www.governor.ny.gov/news/governor-cuomo-
announces-new-measures-assist-immigrants-and-protect-them-ice.
13
Legal Services for New York City Tenants
Since 2014, the de Blasio Administration has created and expanded initiatives that provide
access to free legal assistance to tenants facing eviction and other housing-related legal issues
a core element of a prevention-first approach to combatting poverty, reducing income
inequality, and addressing homelessness. A critical component of the City’s Turning the Tide
plan
4
to address homelessness is preventing homelessness before it occurs. This cost-effective
and commonsense response to the 115 percent increase in the number of homeless New
Yorkers between 1994 and 2014 promotes a fair and equitable justice system. This is
particularly true in the City’s Housing Courts, a historically uneven playing field for tenants
facing eviction where the majority of landlords have usually been represented by legal
counsel but the majority of tenants have not.
This commitment has yielded real results. For example, as detailed in Figure 3 below, by the
close of FY2018, nearly a quarter-million New Yorkers had received free legal representation,
advice, or assistance in eviction and other housing-related matters since the start of the de
Blasio Administration through tenant legal services programs administered by HRA, with
over 87,000 New Yorkers served in FY2018 alone, a 29 percent increase over the previous
fiscal year.
4
Turning the Tide on Homelessness in New York City. (2017) Retrieved from
http://www1.nyc.gov/assets/hra/downloads/pdf/news/publications/Turning_the_Tide_on_Homelessness.pdf.
14
Figure 3: New York City Households and Individuals Receiving Administration-Funded
Housing Legal Assistance, FY2014FY208
Source: OCJ Administrative Data
In FY2018, HRA’s baseline budget included $77 million in funding for tenant legal services
programs, which included the Administration’s $15 million investment in the first phase of
Universal Access implementation and $33 million for anti-harassment/displacement legal
services. In FY2019, funding for tenant legal services has increased to more than $104
million. These investments support legal services programs for tenants that include eviction
defense legal services, legal services targeting harassment and displacement of low-income
tenants by unscrupulous landlords and New York City’s innovative Universal Access to
Counsel program.
In August of 2017, Mayor Bill de Blasio signed into law Intro 214-b, legislation passed by the
New York City Council that made the City of New York the first city in the United States to
commit to make legal services available to all tenants facing eviction in housing court and
public housing authority termination of tenancy proceedings. This groundbreaking
legislation - Local Law 136 of 2017, also known as the Universal Access law, tasks OCJ with
implementing a program that would achieve this historic milestone by 2022.
3,557
9,079
14,972
23,638
33,058
12,736
31,620
46,838
67,745
87,419
0
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
FY 2014 (starting
January 1)
FY 2015 FY 2016 FY 2017 FY 2018
Households Assisted Individuals Assisted
15
In FY2018, OCJ’s legal services programs for tenants provided legal representation, advice,
and assistance to 33,000 households across New York City. As detailed in Table 2 below, this
includes approximately 26,000 households facing eviction proceedings in New York City
Housing Court and termination of tenancy proceedings conducted by the New York City
Housing Authority (NYCHA). In total, more than one dozen nonprofit organizations,
ranging from large citywide legal services providers to smaller borough- and community-
based groups, provided free legal services in FY2018, benefiting more than 87,000 New
Yorkers in total. A list of providers is included at Appendix 4.
Table 2: New York City Households Receiving Administration-Funded
Housing Legal Services in FY2018
Eviction Proceedings
(Housing Court and NYCHA
Admin Proceedings)
Other Housing Legal Matters
Borough Total
Households
Individuals
Households
Individuals
Households
Individuals
NYC
25,687
68,947
7,371
18,472
33,058
87,419
Bronx
8,787
24,345
2,475
6,173
11,262
30,518
Brooklyn
8,424
22,189
2,441
6,131
10,865
28,320
Manhattan
3,786
8,566
1,672
4,025
5,458
12,591
Queens
3,483
10,339
572
1,648
4,055
11,987
Staten Island
1,207
3,508
211
495
1,418
4,003
Source: OCJ Administrative Data
Legal Representation for Tenants Facing Eviction in Housing Court
FY2018 marked the first year of the phased-in implementation of Universal Access
5
a year
which saw notable increases in the proportion of tenants who face eviction in New York City
Housing Court with the assistance of a lawyer. In 2013, roughly 1 percent of tenants facing
eviction in Housing Court had legal representation.
6
In contrast, OCJ’s analysis found that
in 2016 more than one in four tenants facing an eviction case in court in New York City - 27
5
Universal Access to Legal Services: A Report on Year One of Implementation in New York City. Retrieved from
https://www1.nyc.gov/assets/hra/downloads/pdf/services/civiljustice/OCJ-UA-2018-Report.pdf.
6
Chief Judge Janet DiFiore. (Feb. 26, 2019). The State of Our Judiciary 2019. Retrieved from
http://ww2.nycourts.gov/sites/default/files/document/files/2019-02/19_SOJ-Speech.pdf. The Chief Judge’s
Hearing on Civil Legal Services, Third Dep’t, Oct. 6, 2014 (statement of Hon. A. Gail Prudenti, Chief
Administrative Judge, New York State Unified Court System, at 6, Exhibit B at 3). Permanent Commission on
Access to Justice. (Nov. 2014). Appendices to The Task Force to Expand Access to Civil Legal Services in New
York Report to the Chief Judge of the State of New York, at 609. Retrieved from
http://ww2.nycourts.gov/sites/default/files/document/files/2018-
05/2014%20CLS%20Report_Appendices_Vol%202.pdf.
16
percent - was represented by a lawyer.
7
In the last quarter of FY2018, 30 percent of tenants
who appeared in eviction cases in Housing Court citywide were represented by counsel, and
an additional 4 percent of such tenants received legal advice or other assistance through
OCJ’s tenant legal services programs, meaning that, citywide, an estimated 34 percent of
tenants appearing Housing Court for eviction cases – more than one in three – received legal
services.
In the neighborhoods targeted to receive increased availability of legal services during the
first phase of Universal Access, the findings are even more striking; looking at the first fifteen
ZIP codes included in Universal Access, lawyers represented 56 percent of tenants appearing
in Housing Court in their eviction proceedings in the last quarter of FY2018, and an
additional 2 percent of tenants received free legal advice or brief assistance through OCJ
programs, meaning that 58 percent of tenants appearing in eviction cases in Housing Court
in these targeted neighborhoods received legal services. A list of the 20 Universal Access ZIP
Codes for FY2019 is included in Appendix 5.
7
NYC Office of Civil Justice 2016 Annual Report. Retrieved from
https://www1.nyc.gov/assets/hra/downloads/pdf/services/civiljustice/OCJ%202016%20Annual%20Report.pdf.
17
Figure 4: Legal Representation
8
and Assistance Rates for Tenants Appearing in Housing Court
in Eviction Proceedings, April 1, 2018 – June 30, 2018
Sources: NYS Office of Court Administration data as analyzed by OCJ; OCJ Administrative Data
Impact of Eviction Defense Legal Services in Housing Court
Outcomes Achieved
In the overwhelming majority of cases resolved in FY2018, OCJ legal services providers
obtained outcomes that enabled their clients to remain in their residence. Specifically,
tenants were allowed to remain in their homes in 84.0 percent of cases citywide, and were
legally required to leave in 16.0 percent of cases. A legal requirement that a tenant leave a
residence following an eviction proceeding does not typically require the tenant to vacate the
8
Legal representation rates were determined by combining data from the NYS Office of Court Administration
regarding eviction proceedings in New York City Housing Court for which legal representation was indicated in
such data and OCJ administrative data indicating that full legal representation was provided by OCJ legal
services providers in cases marked as “self-represented” in court data.
5,121
15,390
2,280
4,829
1,340
5,247
985
3,417
195
1,202
321
695
259
2,141
121
815
56
619
38
319
25
346
19
42
3,828
33,882
2,213
15,157
551
8,279
642
6,518
322
3,156
100
772
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Universal
Access ZIPs
Universal
Access ZIPs
Universal
Access ZIPs
Universal
Access ZIPs
Universal
Access ZIPs
Universal
Access ZIPs
NYC NYC Bronx Bronx Brooklyn Brooklyn Manhattan Manhattan Queens Queens Staten
Island
Staten
Island
Represented by Counsel in Court Assisted by Counsel Self-Represented in Court
18
residence immediately; tenants may be permitted to remain for several weeks or months to
allow them to obtain new housing.
Figure 5: Legal Representation for Households Facing Eviction in New York City Housing
Court and NYCHA Termination of Tenancy Proceedings: Outcomes Achieved, FY2018
Source: OCJ Administrative Data
1,497 (16.0%)
7,847 (84.0%)
Tenants allowed to remain residence Tenant required to leave
19
Residential Evictions
Since 2013, as the City has substantially increased its commitment to anti-eviction and other
tenant legal services, and as the rate of legal representation for tenants in eviction cases has
substantially increased, New York City has seen a substantial reduction in a key indicator of
housing stability and displacement: residential evictions by city marshals. In 2018, there
were 18,512 such evictions, a 37.1 percent decreased compared to 2013, when there were
28,849 such evictions. Every borough in the City has experienced significant declines in the
number of residential evictions by marshals. In Manhattan, the number of evictions has
fallen by nearly half between 2013 and 2018 (from 4,525 to 2,386, a decrease of 47.3 percent),
while the other boroughs have also seen dramatic drops in evictions (the Bronx, by 43.9
percent; Brooklyn, by 33.0 percent; Staten Island, by 29.7 percent; Queens, by 21.6 percent).
In all, since 2013, an estimated 100,000 New Yorkers remained in their homes as a result of
decreased evictions.
Table 3: Residential Evictions Conducted by New York City Marshals, 2013–2018
2013
2014
2015
2016
2017
2018
%
change
2013-18
%
change
2017-18
NYC
28,849
26,857
21,988
22,089
21,074
18,152
-37.1
-13.9
Bronx
10,194
9,580
7,401
7,667
7,438
5,714
-43.9
-23.2
Brooklyn
8,313
7,908
7,033
6,476
5,984
5,567
-33.0
-7.0
Manhattan
4,525
3,933
2,898
2,907
2,843
2,386
-47.3
-16.1
Queens
4,862
4,542
3,939
4,290
4,105
3,814
-21.6
-7.1
Staten Island
955
894
717
749
704
671
-29.7
-4.7
Source: NYC Department of Investigation, retrieved from New York City Housing Court at
https://www.nycourts.gov/COURTS/nyc/housing/statistics.shtml.
Eviction Cases Filed
In addition, data provided by the New York City Housing Court show trends across a range
of indicators, as reflected in Tables 4 through 8 below. As of the end of 2018, eviction cases
filed in New York City declined by 11.8 percent compared to 2013, and by 5.4 percent
compared to the year before. There were 29,000 fewer eviction petitions filed in 2018 than
five years before, and the number of filings has declined citywide every year since 2013. The
scale of these decreases has varied across the five boroughs; whereas Manhattan and Queens
saw decreases of over 16 percent over this period, eviction filings in the Bronx fell by 5.8
percent, and filings in Staten Island stayed relatively constant with a 1.3 percent decrease.
In addition, although declines were seen in every borough and citywide in nonpayment
20
eviction petitions, which comprise the overwhelming majority of eviction proceedings filed in
Housing Court, holdover eviction petitions increased slightly over the same period. Citywide,
nonpayment cases fell by 13.7 percent (from 218,400 to 188,435), while holdover cases
increased by 2.9 percent (from 28,464 to 29,279). Here too there was variation across the
boroughs, with holdover cases declining in Brooklyn and Manhattan (by 9.4 percent and 15.9
percent, respectively) and increasing in the Bronx, Queens and Staten Island (by 36.7
percent, 5.9 percent and 44.5 percent, respectively).
Activity in Housing Court
OCJ also reviewed and analyzed aggregate data provided by the Housing Court reflecting
changes over time in indicators of court activity and litigation. As reflected in Tables 7 and 8
below, between 2014 and 2018, the Housing Court has seen a substantial increase in the
number of pretrial motions filed. According to Housing Court data there were approximately
25,000 such motions filed in 2018, compared to roughly 21,000 in 2013, an increase of
approximately 4,000 motions filed, or 18.6 percent. At the same time, there has been a
substantial decrease in the number of emergency orders to show cause filed with the Housing
Court; in 2018 there were approximately 157,000 Emergency Orders to Show Cause filed in
Housing Court citywide, almost 49,000 fewer than in 2014, a decline of 23.7 percent. Taken
together, these trends suggest that in the last two years, more substantive litigation has
occurred in the earlier, pre-judgment stage of eviction case processing, while there have been
far fewer instances in which tenants have asked the court to bring their cases back to the
Housing Court calendar on an emergency basis to dispute the terms of a judgment, to request
additional time to meet conditions contained in a stipulated agreement with a landlord or
raise issues of law that were missed when the case was first heard by the court, resulting in a
fairer and more efficient process for tenants and landlords alike.
Indeed, administrative judges for the New York City court system at the New York State
Chief Judge’s Statewide Civil Legal Services Hearing in September of 2018 emphasized that
the increased legal services in New York City through OCJ’s programs including Universal
Access have led to improvements in efficiency of the Court, and have not resulted in issues
with backlogs. For example, case settlements can be reached faster when two attorneys are
present to work out the details of a resolution, and when a tenant is represented, the
presiding judge can play a more neutral role. As the Honorable Justice Anthony Cannataro,
the Administrative Judge for New York City Civil Court, stated, “[s]ome [judges] may have
felt they needed to act as an advocate for tenants who appear without representation against a
landlord with counsel…That’s now changed in some cases…When both sides are represented by
21
counsel, judges tell us they feel less pressured to take on the role of advocate.”
9
In February of
2019, the Honorable New York State Chief Judge Janet DiFiore echoed these observations in
the 2019 State of Our Judiciary address. Chief Judge DiFiore said:
The judges and lawyers who sit and practice in Housing Court report that having
counsel on both sides of a case is creating a fairer court process leading to more
equitable outcomes, increasing the level of civility and professionalism in a court
until recently known for its chaotic culture and hallway negotiations, and making
housing litigation more efficient in general.
10
Table 4: Eviction Petitions Filed in New York City Housing Court, 2013–2018
*Excludes Harlem
Table 5: Non-Payment Petitions Filed in New York City Housing Court, 2013–2018
2013
2014
2015
2016
2017
2018
%
change
2013-18
%
change
2017-18
NYC
218,400
208,158
203,119
202,300
201,441
188,435
-13.7
-6.5
Bronx
78,111
79,694
79,778
79,464
80,637
71,491
-8.5
-11.3
Brooklyn
59,323
56,254
51,709
51,623
50,983
50,016
-15.7
-1.9
Manhattan*
42,189
36,488
35,919
37,287
36,525
35,321
-16.3
-3.3
Queens
30,285
28,322
27,498
25,836
24,908
23,627
-22.0
-5.1
Staten Island
4,275
4,141
3,864
3,731
3,716
3,815
-10.8
2.7
*Excludes Harlem
9
Clark, D.M. (Sept. 24, 2018). Increasing Tenants' Access to Counsel Has Raised Court Efficiency, Fairness,
Judges Say. New York Law Journal. Retrieved from
https://www.law.com/newyorklawjournal/2018/09/24/increasing-tenants-access-to-counsel-has-raised-court-
efficiency-fairness-judges-say/?slreturn=20190008145708.
10
Chief Judge Janet DiFiore. (Feb. 29, 2019). The State of Our Judiciary 2019. New York State Unified Court
System. Retrieved from http://ww2.nycourts.gov/sites/default/files/document/files/2019-02/19_SOJ-Speech.pdf.
2013
2014
2015
2016
2017
2018
%
change
2013-18
%
change
2017-18
NYC
246,864
237,639
234,270
233,884
230,071
217,714
-11.8
-5.4
Bronx
3,006
84,670
85,503
85,957
86,035
78,183
-5.8
-9.1
Brooklyn
69,812
67,659
63,037
62,488
61,048
59,519
-14.7
-2.5
Manhattan*
46,960
40,893
40,333
42,039
40,645
39,332
-16.2
-3.2
Queens
37,441
35,924
35,918
33,930
32,692
31,207
-16.7
-4.5
Staten Island
5,159
5,029
4,907
4,845
4,845
5,092
-1.3
5.1
22
Table 6: Holdover Petitions Filed in New York City Housing Court, 2013–2018
2013
2014
2015
2016
2017
2018
%
change
2013-18
%
change
2017-18
NYC
28,464
29,481
31,151
31,584
28,630
29,279
2.9
2.3
Bronx
4,895
4,976
5,725
6,493
5,398
6,692
36.7
24
Brooklyn
10,489
11,405
11,328
10,865
10,065
9,503
-9.4
-5.6
Manhattan*
4,771
4,405
4,414
4,752
4,120
4,011
-15.9
-2.6
Queens
7,156
7,602
8,420
8,094
7,784
7,580
5.9
-2.6
Staten Island
884
888
1,043
1,114
1,060
1,277
44.5
20.5
*Excludes Harlem
Table 7: Pretrial Motions Filed in New York City Housing Court, 2014–2018
2014
2015
2016
2017
2018
%
change
2014-18
%
change
2017-18
NYC
21,263
21,973
25,247
24,678
25,225
18.6
2.2
Bronx
5,528
5,959
7,885
7,156
7,712
39.5
7.8
Brooklyn
6,668
6,929
7,244
7,246
7,818
17.2
7.9
Manhattan*
6,142
6,139
6,815
6,793
6,279
2.2
-7.6
Queens
2,704
2,540
2,859
3,017
2,830
4.7
-6.2
Staten Island
221
406
444
466
586
165.2
25.8
*Includes Harlem
Table 8: Emergency Orders to Show Cause Filed in New York City Housing Court, 2014–2018
2014
2015
2016
2017
2018
%
change
2014-18
%
change
2017-18
NYC
205,398
173,023
169,775
171,356
156,792
-23.7
-8.5
Bronx
95,834
79,287
81,011
81,326
71,410
-25.5
-12.2
Brooklyn
52,089
44,398
40,395
40,728
38,696
-25.7
-5.0
Manhattan*
30,906
25,909
25,253
25,694
24,322
-21.3
-5.3
Queens
21,187
19,416
18,873
15,284
18,428
-13.0
-4.4
Staten Island
5,382
4,013
4,243
4,324
3,936
-26.9
-9.0
*Includes Harlem
Sources: Data reported by New York City Civil Court, Statistical Reports of Activity of L & T Clerk’s Office, ST30; New York
City Housing Court.
23
Anti-Harassment and Tenant Protection (AHTP) Legal Services
In addition to anti-eviction legal services, in early 2015 the de Blasio Administration
launched the Anti-Harassment and Tenant Protection (AHTP) legal services program at
HRA. In addition to providing eviction defense legal representation for tenants in Housing
Court, legal provider organizations contracted under AHTP have offered tenants counsel to
represent them in proactive litigation against unscrupulous landlords causing unsafe or
unlivable conditions, as well as legal advice and advocacy strategies intended to avoid
litigation on behalf of individual tenants and tenant groups facing harassment. Since its
launch in FY2016, AHTP has provided legal services to approximately 60,000 New Yorkers
in 23,000 cases, as detailed in Table 9. A list of AHTP legal services providers is included at
Appendix 6.
For this year’s report, OCJ examined thousands of case-level reports on the AHTP program,
reviewing reports on households enrolled and the legal services provided by participating
non-profit law firms since the launch of the program in October 2015.
As detailed in Table 10 below, half of the roughly 23,000 cases handled between FY2016 and
FY2018 were for eviction defense legal representation in Housing Court. Citywide, the
number of Housing Court eviction cases handled under the AHTP program has grown over
time, increasing from just fewer than 900 in FY2016, to over 7,000 in FY2018.
24
Table 9: Anti-Harassment and Tenant Protection: New York City Households and Individuals
Served, FY2016-FY2018
Households
Individuals
NYC
23,281
59,479
Bronx
7,355
18,438
Brooklyn
8,096
21,133
Manhattan
4,369
10,515
Queens
2,095
5,772
Staten Island
1,366
3,621
Source: OCJ Administrative Data
Table 10: Anti-Harassment and Tenant Protection: Types of Legal Matters Handled, FY2016-
FY2018
FY2016
FY2017
FY2018
FY2016 – FY2018
Proceeding Type
#
%
#
%
#
%
#
%
Eviction
Proceedings
892
37.8
3,647
45.6
7,033
54.4
11,572
49.7
Affirmative
Litigation
312
13.2
1,479
18.5
2,109
16.3
3,900
16.8
Administrative /
Other Court
Proceedings
758
32.1
1,675
20.9
1,997
15.5
4,430
19.0
Other Legal
Assistance
396
16.8
1,200
15.0
1,783
13.8
3,379
14.5
Total
2,358
100.0
8,001
100.0
12,922
100.0
23,281
100.0
Source: OCJ Administrative Data
In addition to eviction defense, 16.8 percent of the AHTP program’s cases involve
affirmative litigation in which legal services providers bring cases on behalf of groups or
individuals to proactively assert their rights as tenants. These include “Housing Part (HP)
actions” and “Article 7A” proceedings. An HP action is a lawsuit filed in New York City
Housing Court, in which a tenant seeks to force their landlord to provide services or make
repairs that are necessary to ensure that a rental property is habitable. In an Article 7A
proceeding, a group of tenants sue a landlord who has not provided critical services such as
heat, running water, or electricity; has failed to correct unsafe conditions in the building; or
has engaged in a pattern of harassment or illegal eviction.
11
In Article 7A proceedings, the
presiding court has the authority to appoint an outside administrator to run the day-to-day
operations of a building in place of its owner.
11
Article 7A of the Real Property Actions and Proceedings Law (RPAPL), RPAPL sec. 770(1). The New York
State Senate. Retrieved from https://www.nysenate.gov/legislation/laws/RPA/770.
25
Nineteen percent of AHTP legal services providers’ caseload consists of other types of tenant
rights litigation comprising a third category of AHTP cases. These have included
administrative actions at the Division of Housing and Community Renewal (DHCR),
12
the
New York State agency with administrative authority over rent regulation laws. In such
actions tenants may ask DHCR to determine whether an apartment is subject to rent
regulation, whether it has been deregulated illegally or whether a landlord is charging a legal
rent. DHCR also handles cases related to landlord harassment intended to provoke tenants to
vacate a rent regulated unit so that the landlord can rent to a new tenant, and increase the
rent.
In other litigation, AHTP attorneys have represented clients by intervening in state court
foreclosure proceedings in order to enforce their rights as tenants living in properties subject
to foreclosure, including the right to have the landlord continue to maintain the property.
They have also brought actions charging discrimination on the basis of a protected class -
which may include race, ethnicity, nationality, sexual orientation, gender, or source of
income against a tenant - which could result in the loss of the tenant’s housing. Such actions
can be brought as an administrative proceeding before the New York City Commission on
Human Rights, the New York State Division of Human Rights, of the United States
Department of Housing and Urban Development or as a lawsuit in state or federal court.
Finally, in addition to eviction defense, affirmative litigation, and other litigation, 14.5
percent of all AHTP enrollments involved the provision of legal advice or counsel in pre-
litigation strategies.
12
DHCR is a division of the New York State Homes and Community Renewal (HCR) agency.
26
Characteristics of Households Assisted by AHTP
Rent Regulated Status
The majority of housing in the city are rental units, and almost half of these are subject to
some form of rent regulation. The most recent census bureau analysis of the rent regulation
status of rental housing in New York City is derived from the 2017 Housing and Vacancy
Survey (HVS). The NYCHVS estimated that approximately 62.9 percent of housing in New
York City is comprised of rental units, 45.0 percent of which is rent stabilized, and another
1.0 percent rent controlled. Both types of rent regulation set limits on how much a landlord
may increase rents, and provide other forms of tenant protections that prevent dramatic rent
increases year to year, and otherwise ensure housing stability.
13
In FY2017 and FY2018, 84.0 percent of AHTP cases citywide involved representation of
tenants living in rent regulated homes. Tables 11 to 15 below provide a breakdown of AHTP
clients by rent regulated status, age of the head of household, length of tenancy, household
size and composition, and income. Together they provide a portrait of the New Yorkers
served by the AHTP program.
Table 11: Anti-Harassment and Tenant Protection: Rent-Regulated Status of Tenants Served,
FY2017 – FY2018*
Rent-Regulated
Unregulated
Total
#
%
#
%
#
New York City
15,602
84.0
2,974
16.0
18,576
Bronx
5,229
92.0
457
8.0
5,686
Brooklyn
5,444
81.1
1,269
18.9
6,713
Manhattan
3,403
93.3
246
6.7
3,649
Queens
924
65.8
480
34.2
1,404
Staten Island
602
53.6
522
46.4
1,124
* Administrative data on this characteristic is not available for cases in FY2016.
Source: OCJ Administrative Data
Age of Head of Household
The table below provides a breakdown by the age of the head of household for tenant
households through AHTP, as reported by such tenants to their legal services provider. The
average age of the head of household was 50 years old, with more than one-third aged 55
13
Waickman, C. R., Jerome, J. B. R., Place, R. (2018). Sociodemographics of Rent Stabilized Tenants: An
Analysis Based on the 2017 New York City Housing and Vacancy Survey (NYCHVS). NYC Department of
Housing Preservation and Development. Retrieved from
https://www1.nyc.gov/assets/hpd/downloads/pdf/about/rent-regulation-memo-1.pdf.
27
years or older. Citywide, in 16.7 percent of households served the head of household was aged
65 or older.
Table 12: Anti-Harassment and Tenant Protection: Age of Head of Household, FY2016 –
FY2018*
Age
# of Heads of
Household
% of total Heads
of Household
18 or younger
28
0.1
19 - 24
357
1.6
25 - 34
3,339
14.6
35 - 44
5,040
22.1
45 - 54
5,477
24.0
55 - 64
4,803
21.0
65+
3,810
16.7
* Excludes cases for which OCJ does not have relevant data.
Source: OCJ Administrative Data
Household Size and Composition
The tables below provide a breakdown by household size of tenant households represented
through AHTP, as well as whether or not children resided in represented households, as
reported by such tenants to their legal services provider. The average household size was 2.6
people, with 42.9 percent consisting of 2 or 3 people. Thirty-two percent consisted of one
person living alone; and 25.1 percent had 4 or more members. 56.8 percent of households
included children.
Table 13a: Anti-Harassment and Tenant Protection: Household Size, FY2016 – FY2018*
Household size
# of households
% of total households
1 person
7,459
32.1
2 people
5,728
24.7
3 people
4,256
18.3
4 people
3,020
13.0
5 or more people
2,765
11.9
* Excludes cases for which OCJ does not have relevant data.
Source: OCJ Administrative Data
28
Table 13b: Anti-Harassment and Tenant Protection: Households with Children, FY2016 –
FY2018*
Household with children
13,212
56.8
Adult-only household
10,069
43.2
* Excludes cases for which OCJ does not have relevant data.
Source: OCJ Administrative Data
Annual Household Income
The table below provides a breakdown by annual household income of tenant households
represented by AHTP providers, reported by such tenants to their legal services provider.
Citywide, the average household income for households served through AHTP was slightly
above $22,000 per year, with more than half (53.1 percent) earning $20,000 or less.
Table 14: Anti-Harassment and Tenant Protection: Annual Household Income, FY2016-
FY2018*
#
%
$0 to $10,000
5,869
25.2
$10,001 to $20,000
6,496
27.9
$20,001 to $30,000
4,284
18.4
$30,001 to $40,000
2,116
9.1
$40,001 to $50,000
1,136
4.9
$50,001+
1,347
5.8
* Excludes cases for which OCJ does not have relevant data.
Source: OCJ Administrative Data
Estimated Length of Tenancy
The table below provides a breakdown by estimated length of tenancy of households
represented by AHTP legal services providers between FY2016 and FY2018, as reported by
such tenants to their legal services provider. Citywide, the average length of tenancy for a
tenant represented in the AHTP program was nearly 14 years. Roughly half (49.7 percent) of
all households served lived in their homes for ten or more years at the time they were
assisted.
29
Table 15: Anti-Harassment and Tenant Protection: Estimated Length of Tenancy, FY2016-
FY2018*
Length of tenancy
#
%
< 3 years
3,433
16.3
3 - 5+ years
3,959
18.8
6 - 9+ years
3,209
15.2
10+ years
10,459
49.7
* Excludes cases for which OCJ does not have relevant data.
Source: OCJ Administrative Data
Group Representation
In addition to individual households facing eviction or fighting disrepair or harassment,
AHTP legal services providers represent groups of households to address neglect or
harassment by unscrupulous landlords. These groups can be formal tenant associations or
more informal groups of neighbors facing a common pattern of disrepairs, harassment or
other harm. As detailed in Table 16 below, AHTP legal providers have represented
approximately 8,700 households in group representations like these; the overwhelming
majority of affirmative litigation cases and representation in other courts and administrative
proceedings have been part of these group litigation efforts through AHTP.
Table 16: Anti-Harassment and Tenant Protection: Group Representation, FY2016-FY2018
# Group
Representations
# All Cases
% Group
Representations
Eviction Proceedings
576
11,572
5.0
Affirmative Litigation
3,425
3,900
87.8
Administrative/Other Court Proceeding
3,297
4,430
74.4
Other Legal Assistance
1,373
3,379
40.6
Total
8,671
23,281
37.2
Source: OCJ Administrative Data
30
Legal Services for New York City Homeowners Facing Foreclosure
Foreclosure is the legal process used by lenders to recoup overdue balances on property loans,
by forcing the sale of the property used as loan collateral.
14
Foreclosure filings across New
York City have been on the decline in New York City since 2013. According to reporting by
the State Office of Court Administration, between 2013 and 2017, filings against homeowners
for foreclosure have decreased by 42.4 percent and from 2016 to 2017, by 21.6 percent, as
detailed in Table 17 below. Along with the decrease in new filings, the number of pending
foreclosure cases in court at the end of each calendar year has been on a similar decline,
decreasing by 47.2 percent between 2013 and 2017, as detailed in Table 18.
Table 17: Foreclosure Filings in New York City, 2013-2017
2013
2014
2015
2016
2017
%
change
2013-
2017
%
change
2016-17
NYC
10,643
11,409
9,618
7,819
6,128
-42.4
-21.6
Bronx
1,882
1,651
1,384
1,155
888
-52.8
-23.1
Brooklyn
2,792
3,749
3,175
2,560
2,153
-22.9
-15.9
Manhattan
374
380
314
229
229
-38.8
0.0
Queens
4,043
4,041
3,428
2,849
2,006
-50.4
-29.6
Staten
Island
1,552
1,588
1,317
1,026
852
-45.1
-17.0
Table 18: Foreclosure Cases Pending* in New York City, 2013-2017
2013
2014
2015
2016
2017
%
change
2013-
2017
%
change
2016-17
NYC
31,016
28,914
28,215
22,355
16,379
-47.2
-26.7
Bronx
4,515
4,925
4,724
4,112
2,453
-45.7
-40.3
Brooklyn
11,554
11,110
11,622
9,570
7,184
-37.8
-24.9
Manhattan
907
807
727
470
438
-51.7
-6.8
Queens
12,454
10,692
10,011
7,460
5,571
-55.3
-25.3
Staten
Island
1,586
1,380
1,131
743
733
-53.8
-1.3
Source: New York State Office of Court Administration
14
For a more detailed explanation of foreclosure trends and practice in New York City, see NYC Office of Civil
Justice 2017 Annual Report and Strategic Plan. Retrieved from
www1.nyc.gov/assets/hra/downloads/pdf/services/civiljustice/OCJ_Annual_Report_2017.pdf.
31
Civil Legal Services for Homeowners Facing Foreclosure
In New York State, the majority of the funding support for foreclosure legal services has
come from the State Attorney General’s Homeowner Protection Program (HOPP), which
provides housing counseling and legal assistance to New York State homeowners at risk of
foreclosure.
15
In New York City, HOPP is administered by the Center for NYC
Neighborhoods (CNYCN), a nonprofit organization. CNYCN distributes HOPP,
philanthropic, and other public funds to community-based organizations to provide housing
counseling for homeowners in jeopardy of foreclosure and legal assistance to homeowners
already in foreclosure proceedings. HOPP is the main source of legal assistance for
homeowners in the city.
The New York State Office of Court Administration reports that during 2017, for the second
year in a row, 62 percent of homeowners statewide appearing for statutorily mandated
foreclosure settlement conferences appeared with legal representation, an increase over the 33
percent of homeowners who appeared with counsel in 2011.
16
At the state level, legal
representation appears to be on the rise; following the establishment of the New York State
Attorney General’s Homeowner Protection Program (HOPP), the statewide representation
rate increased to 54 percent in 2013, 58 percent in 2014 and then 61 percent in 2015.
While New York State’s representation rate has continued to grow, in New York City the
landscape is more mixed. Legal representation rates for foreclosure cases in New York City
have been lower than statewide rates between 2013 and 2017, although such rates in Queens
have generally matched or exceeded the statewide average. 2017 saw modest declines in
representation rate compared to the year before in every borough except for the Bronx,
where representation rates grew from 44.6 percent in 2016 to 47.7 percent in 2017. Overall,
the legal representation rate for homeowners facing foreclosure has fallen slightly in New
York City, with 48.4 percent of homeowners represented in 2017, down from 50.8 percent in
2013 and from 53.4 percent in 2016.
15
For a more detailed explanation of HOPP funding, see NYC Office of Civil Justice 2017 Annual Report and
Strategic Plan. Retrieved from
www1.nyc.gov/assets/hra/downloads/pdf/services/civiljustice/OCJ_Annual_Report_2017.pdf.
16
Chief Administrative Judge Lawrence K. Marks. (2017). 2017 Report of the Chief Administrator of the Courts
Pursuant to Chapter 507 of the Laws of 2009. State of New York Unified Court System. Retrieved from
http://ww2.nycourts.gov/sites/default/files/document/files/2018-07/ForeclosureAnnualReport2017.pdf.
32
Figure 6: Foreclosure Settlement Conferences Appearances in New York City: Representation
Rates, 2013–2017
Source: New York State Office of Court Administration
HOPP funding is set to expire when the new State fiscal Year begins on April 1, 2019
without new funding in the New York State budget
17
which could signal significant impacts
on the availability of foreclosure prevention programming across New York State including
in New York City. A coalition of service providers, advocacy organizations, businesses and
labor unions that includes over two dozen legal and housing services providers in New York
City have advocated for $20 million in New York State funding to support these foreclosure
prevention services.
18
OCJ will continue to closely monitor developments related to
foreclosure legal services funding in New York City.
17
Center for NYC Neighborhoods. (Dec. 20, 2018). Testimony Before the Assembly Standing Committee on
Housing: Oversight of the State Fiscal Year 2018-2019 State Budget for New York State Homes & Community
Renewal. Retrieved from https://s28299.pcdn.co/wp-content/uploads/2018/12/hcr-budget-hearing-12.2018.pdf.
18
Center for NYC Neighborhoods. (Feb. 4, 2019). Testimony Before the New York State Senate Finance Committee
and New York State Assembly Committee on Ways and Means: Regarding the New York State Executive Budget for
Housing, Fiscal Year 2019-2020. Retrieved from https://s28299.pcdn.co/wp-content/uploads/2019/02/housing-
budget-hearing-2.2019-1.pdf.
53.1%
45.4%
56.0%
58.0%
45.7%
50.8%
54.6%
44.1%
47.0%
61.5%
40.1%
50.3%
47.4%
49.2%
43.9%
66.2%
40.8%
52.3%
44.6%
54.7%
56.0%
66.4%
36.9%
53.4%
47.7%
48.6%
48.3%
62.0%
32.1%
48.4%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
Bronx Brooklyn Manhattan Queens Staten Island NYC
2013 2014 2015 2016 2017
33
Legal Services for Immigrant New Yorkers
Providing immigrant New Yorkers with access to legal assistance has been a critical part of
OCJ’s mission since its establishment in 2015. OCJ administers a range of City-funded legal
services programs legal advice, comprehensive screenings and risk assessments and full legal
representation for immigrants both in the courts and before government immigration
agencies. These programs have seen substantial investment and growth by both the
Administration and the City Council, making New York City a national leader in the fight
for the rights of immigrant Americans and access to justice.
In FY2019 New York City is investing approximately $48 million in a continuum of free
legal services programs for immigrant New Yorkers facing issues ranging from a need for
clear and reliable information about their rights to legal representation to defend against
deportation in immigration court. This commitment, a sevenfold increase compared to
FY2013, comes at a time when providing access to immigration-related legal services has
never been more important. Since 2017, the Trump Administration has implemented policies
that increase immigrants’ need for legal assistance, including explosive growth in the arrests
of immigrants by federal immigration authorities, particularly arrests of immigrants with no
criminal convictions – a national trend that has been disproportionately higher in the New
York City area. The Trump Administration has also implemented or introduced an array of
policies aimed at many of the most vulnerable immigrants. These include the widely-
condemned family separation policy at the border; proposals to expand family detention;
restrictions on who can claim asylum in the U.S.; stripping protections from immigrants in
the Deferred Action for Childhood Arrivals (DACA) program and Temporary Protected
Status (TPS).
In New York City, immigrants are served by a number of City-funded and supported
immigration legal services programs. Taken together, these programs cover a spectrum of
services addressing a broad range of legal needs, from brief advice and screening to more
complex representation in court, including a growing emphasis on and commitment to
increasing access for immigrant New Yorkers facing deportation. The City’s programs
feature multiple and accessible entrypoints for immigrant New Yorkers to access these
services, and they have the ability to be flexible and responsive to emergent needs. Key
City-funded programs include:
ActionNYC - since its launch in 2016, ActionNYC, a citywide community-based
immigration legal services program operated jointly by MOIA, HRA and the City University
of New York (CUNY), has provided free, safe and high-quality immigration legal services
across the five boroughs. Through its citywide hotline, centralized appointment making
34
system and accessible service locations at community-based organizations, at schools and at
NYC Health+Hospitals (H+H) locations, ActionNYC serves as New York City’s entry point
for New Yorkers seeking immigration legal services, including comprehensive immigration
legal screenings and legal advice; legal representation in both straightforward immigration
matters such as citizenship, LPR renewals and TPS as well as in more complex cases such as
SIJS and U visas, and referrals to relevant social services, educational services, and
healthcare enrollment. ActionNYC providers also offer referrals to other OCJ-managed
immigration legal programs to handle more complex immigration legal matters, including
deportation and asylum. ActionNYC provided immigration legal assistance in over 9,800
cases in FY2018, and is funded at $8.7 million in FY2019 including grants, administration
and outreach. A list of ActionNYC providers is included at Appendix 7.
CUNY Citizenship NOW! - the Citizenship NOW! program administered by the City
University of New York (CUNY) provides free immigration assistance at centers located
throughout New York City. Through the project, attorneys and paralegals offer one-on-one
consultations to assess participants’ eligibility for legal status and assist them in applying
when qualified. The program operates at CUNY sites across the city as well as at City
Council district offices.
NYCitizenship - NYCitizenship is a citywide program funded as a public-private
partnership and administered by MOIA and HRA/DSS. NYCitizenship provides citizenship
legal services and financial counseling at twelve public library branches alongside services
available at select HRA sites. In this program, New Yorkers receive free services that
include appointments with an attorney for help with citizenship applications, information
sessions about the citizenship process and its benefits and free and confidential financial
counseling. Additionally, as part of the NYCitizenship initiative, MOIA and HRA have
partnered on a pilot program to provide citizenship legal assistance to a targeted subset of
recipients of public assistance. NYCitizenship is supported by the City and philanthropic
partners the Robin Hood Foundation, Citi Community Development, the Charles H. Revson
Foundation and the Carnegie Corporation as well as the Mayor’s Fund to Advance New York
City.
Legal Services for Immigrant Survivors of Domestic Violence – as part of the work of
the NYC Domestic Violence Task Force led by the Mayor’s Office to End Domestic and
Gender-Based Violence (ENDGBV) and the Mayor’s Office of Criminal Justice (MOCJ), the
Administration supports direct domestic violence-specific legal services for immigrant
survivors, administered by HRA’s Office of Emergency Intervention Services (EIS) in
partnership with OCJ, MOIA and ENDGBV. Through this initiative, legal organizations
with expertise in domestic violence (DV) and experience providing immigration legal services
are partnering with local community-based groups serving immigrant populations to
35
enhance access to these services in communities and build capacity within community-based
groups, providing them with tools to identify and respond appropriately to these issues. A
list of participating providers is included at Appendix 8.
Immigrant Opportunity Initiative (IOI) - since FY2017, the Administration and the City
Council have jointly funded the Immigrant Opportunity Initiative (IOI) program, through
which networks of nonprofit legal providers and community-based organizations conduct
outreach across the city and provide legal assistance to low-income immigrant New Yorkers
in matters ranging from citizenship and lawful permanent residency application, to more
complex immigration matters, including a growing number of asylum applications and
removal defense work. A critical element of the IOI program has been its flexibility and
responsiveness to emergent needs. OCJ’s contracts with the IOI service provider consortia
funded by the Administration allow for rapid deployment of staff and resources to address
legal needs of the immigrant community across the continuum of service, from brief legal
counseling sessions to full legal representation in removal and asylum matters.
Administration and Council funding for IOI provided legal assistance to immigrant New
Yorkers in over 10,000 cases in FY2018, and IOI is funded by the Administration and the
Council at $22.1 million in FY2019. A list of IOI providers is included at Appendix 9.
CSBG-Funded Legal Services - in addition to IOI, OCJ oversees immigration legal
services programs funded through federal Community Service Block Grants, administered in
partnership with the Department of Youth and Community Development (DYCD). In
FY2019, these federal grants total approximately $2.1 million, and fund direct legal services
for low-income immigrant New Yorkers, including legal assistance to help immigrant adults
and youth attain citizenship and lawful immigration status, as well as services targeted at
groups such as immigrant survivors of domestic violence and human trafficking, low-wage
immigrant workers at risk of exploitation and violations of their employment rights, and
immigrant youth in foster care. CSBG funding provided immigration legal assistance in
approximately 2,200 cases in FY2018, and these grants totaled $2.1 million in FY2019. A
list of CSBG-funded legal providers is included at Appendix 10.
Deportation Defense: IOI, NYIFUP and ICARE – City-funded programs for immigrant
New Yorkers facing deportation proceedings have been a crucial and growing component of
the City’s immigration legal services. Administration funding for legal representation in
deportation proceedings through the Immigrant Opportunity Initiative (IOI) saw substantial
baseline increases in FY2018 and in the outyears to respond to the pressing need for
representation in removal proceedings, and most recently included an earmark of $4.1 million
in annual Administration funding to rapidly increase legal providers’ capacity to meet the
urgent legal needs of children forcibly separated from their parents at the southern border,
who were then placed in federal facilities under the Office of Refugee Resettlement (ORR) in
36
New York City. The investment further increased capacity in the field to provide access to
legal defense in deportation proceedings to separated and unaccompanied immigrant youth;
increase the availability of social work and case management resources to address the acute
needs of these children; and to address legal screening and risk assessment needs of family
members seeking to be sponsors of separated children in order to facilitate their release from
ORR facilities in New York City. In all, Administration funding for IOI has grown from an
initial annual commitment of $3.2 million in FY2017 to $19.5 million in FY2019 and is
expected to support legal representation for immigrant New Yorkers facing removal in
approximately 1,400 cases this year. As noted above, Administration and Council funding
for IOI totals $22.1 million in FY2019, which includes the Administration’s substantial
investment in legal representation for immigrant New Yorkers facing removal currently
being implemented.
In addition to IOI, the City Council supports two key deportation defense legal services
programs also administered by OCJ. Launched in 2013 as a pilot program, the New York
Immigrant Family Unity Project (NYIFUP) is the first publicly-funded legal representation
program specifically for detained immigrants in the United States. Through NYIFUP,
immigration attorneys at three legal service providers provide legal representation to low-
income immigrants who are in detention and face removal cases at the Varick Street
Immigration Court. NYIFUP uses a “public defender” model in which low-income
immigrants are identified and screened at their first appearance in court. NYIFUP provided
legal representation to approximately 1,300 immigrants facing removal in FY2018, and is
funded at $10.0 million in FY2019. A list of participating providers in the NYIFUP
program is included at Appendix 11.
The Immigrant Child Advocates’ Relief Effort (ICARE) / Unaccompanied Minors and Families
Initiative (UMFI) was established in 2014 through a public-private partnership of the City
Council, the New York Community Trust, and the Robin Hood Foundation to provide legal
and social services to unaccompanied immigrant children entering and living in New York
City. The ICARE project was developed to provide legal advice and representation to this
vulnerable population, including immigration legal screening, as well as attorneys
experienced in seeking relief from removal through more complex processes available to
immigrant youth such as Special Immigrant Juvenile Status (SIJS) applications. This
program provided legal representation to 1,700 immigrants facing removal in FY2018, and is
funded at approximately $2.0 million in FY2019. A list of participating providers in the
ICARE program is included at Appendix 12.
37
Removal Defense for Immigrants in New York City: Legal Representation
The range of deportation defense legal services supported by the Administration and the City
Council described above have provided legal defense to thousands of immigrant New Yorkers
facing deportation. In FY2018 alone, legal providers in these programs collectively provided
removal defense legal representation in over 3,400 cases, a number that is expected to rise
substantially in FY2019 and beyond as City investments in these services allow legal
providers to increase their capacity to represent more New Yorkers facing removal.
However, the Trump Administration continues to increase immigration-based arrests of non-
citizens living in the United States, especially those without criminal convictions. As
detailed in Figure 7 below, arrests by Immigration and Customs Enforcement (ICE) of
individuals grew from 110,104 in Federal Fiscal Year 2016 (FFY2016) to 158,581 in
FFY2018 two years later, an increase of 44.0 percent. Immigration arrests of individuals
without a criminal conviction history, moreover, exponentially increased over the same
period, rising by 248.1 percent from 15,353 in FFY2016 to 53,441 in FFY18.
Figure 7: ICE Arrests in the United States, FFY2016-FFY2018
Sources: MOIA, Fact Sheet: ICE Enforcement in New York City (Updated January 2019). Retrieved from
https://www1.nyc.gov/assets/immigrants/downloads/pdf/2019_01_moia_ice_enforcement_nyc_aor.pdf (presenting analysis of
ICE enforcement data). Retrieved from https://www.ice.gov/sites/default/files/documents/Report/2018/ero-fy18-localstatistics.pdf
and https://www.ice.gov/statistics.
94,751
105,736
105,140
15,353
37,734
53,441
110,104
143,470
158,581
-
20,000
40,000
60,000
80,000
100,000
120,000
140,000
160,000
180,000
FFY2016 FFY2017 FFY2018
Individuals with Criminal Convictions Individuals with No Criminal Convictions
38
For immigrants living in and near New York City, the threat of immigration arrest has been
even more intensified. Overall, arrests by ICE in the New York City “area of responsibility”
have increased by 88.2 percent, from 1,847 in FFY2016 to 3,476 in FFY2018, substantially
driven by ICE arrests of individuals without criminal conviction history, which more than
quintupled, from 245 in FFY2016 to 1,259 in FFY2018, as detailed in Figure 8.
Figure 8: ICE Arrests in the New York City Area of Responsibility, FFY2016-FFY2018
Sources: MOIA, Fact Sheet: ICE Enforcement in New York City (Updated January 2019), retrieved from
https://www1.nyc.gov/assets/immigrants/downloads/pdf/2019_01_moia_ice_enforcement_nyc_aor.pdf (presenting analysis of
ICE enforcement data). Retrieved from https://www.ice.gov/sites/default/files/documents/Report/2018/ero-fy18-localstatistics.pdf
and https://www.ice.gov/statistics.
To be sure, enforcement activity like these have been accelerating dramatically since the
start of the Trump Administration, but previously there was no concurrent rise in the
number of deportation cases being processed and heard in immigration court.
19
Now,
19
The number of ICE arrests in the New York City area grew by 39.5 percent between FFY2016 and FFY2017,
but removal proceedings brought in the New York City immigration courts actually declined by 4.7 percent over
the same period.
1,602
1,902
2,217
245
674
1,259
1,847
2,576
3,476
-
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
FFY2016 FFY2017 FFY2018
Individuals with Criminal Convictions Individuals with No Criminal Convictions
39
however, the number of deportation cases being filed in New York City is rising, and are
being disproportionately felt by New York City residents.
The jurisdiction of New York City immigration courts includes and extends beyond the five
boroughs of New York City, comprising areas such as Nassau, Suffolk, and Westchester
Counties. As detailed in Figure 9 below, the number of deportation cases commenced against
immigrants in New York City immigration courts has risen over the last two years. There
were roughly 31,000 removal cases initiated in the immigration court at 26 Federal Plaza in
FFY2018, approximately 3,800 more than in FFY2016 (a 14.0 percent increase).
Figure 9: Location of Residence of Removal Cases Initiated at 26 Federal Plaza Immigration
Court, FFY2016-FFY2018
Source: Transactional Records Access Clearinghouse (TRAC), Details on Deportation Proceedings in Immigration Court,
Retrieved in March 2019 from www.trac.syr.edu/phptools/immigration/nta/ and analyzed by MOIA and OCJ.
The impact on immigrants who reside in New York City has been even more dramatic. The
number of removal cases brought against immigrant residents of New York City increased by
42.7 percent over the two years between FFY2016 and FFY2018, from roughly 14,600 to
close to 21,000. In other words, deportation cases against immigrant New Yorkers at 26
Federal Plaza increased by nearly half in the last two years; whereas fewer than half of the
removal cases filed in FFY2016 were against New Yorkers, now two thirds of removal cases
filed at 26 Federal Plaza put an immigrant New York City resident at risk of deportation.
14,558
15,360
20,787
12,510
10,432
10,057
27,068
25,792
30,844
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
FFY2016 FFY2017 FFY2018
Non-NYC NYC
40
Legal Representation for Immigrant New Yorkers Facing Removal
Despite these challenging trends, the number of immigrant New Yorkers who face removal
with the assistance of legal counsel remains high. According to Transactional Records Access
Clearinghouse (TRAC), an estimated 82.8 percent of immigrants who faced removal cases at
26 Federal Plaza in the last five fiscal years have had legal representation.
20
However, as
detailed in Figure 10 below, before the recent increases in City funding for removal defense
legal services have had a full impact, the rate of legal representation appears to have changed
during the last federal fiscal year, from 88.2 percent for cases filed in FFY2016 to 69.5
percent for cases filed in FFY2018, which ended September 30, 2018, three months after the
start of New York City’s FY2019 in which the City’s commitment to supporting removal
defense legal representation was substantially increased.
Figure 10: Proportion of Immigrants Facing Removal Represented by Counsel, By Year of Case
Filing, FFY2016-FFY2018
Source: Transactional Records Access Clearinghouse (TRAC), Details on Deportation Proceedings in Immigration Court,
Retrieved in March 2019 from www.trac.syr.edu/phptools/immigration/nta/ and analyzed by MOIA and OCJ.
20
Transactional Records Access Clearinghouse (TRAC) at Syracuse University. (2019). Details on Deportation
Proceedings in Immigration Court. Retrieved from https://trac.syr.edu/phptools/immigration/nta/. This
analysis excludes removal cases initiated between October 2018 (start of FFY2019) and January 2019 (the last
data available at the time of reporting) due to potential lags in the reporting of representation data on the most
recently filed cases.
88.2%
84.8%
69.5%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
80.0%
90.0%
100.0%
FFY2016 FFY2017 FFY2018
41
The combination of sharp increases in the arrests of immigrant New York City residents and
the sudden rise in the number of removal cases brought against New Yorkers, coinciding with
what appeared to be less availability of counsel to represent New York City residents in these
cases in the last federal fiscal year, are the reasons why the Administration has allocated
additional baseline immigration legal services funding to legal services providers. The recent
increases in City funding for removal defense legal services described above should help to
meet the increased need for legal assistance resulting from the Trump Administration’s
draconian immigration policies, and OCJ in partnership with MOIA will continue to monitor
the impact of these investments.
Administration-Funded Immigration Legal Services in FY2018
The following tables present an analysis of FY2018 case-level data provided to the City by
the legal services organization engaged in the Administration-funded legal services programs
discussed above: ActionNYC, the Administration’s Immigrant Opportunity Initiative, and
federal Community Services Block Grant–funded services administered by HRA. The data
provide an overview of the reach and impact of the programs; the volume and characteristics
of individuals being served; and of the cases being handled. Our analysis showed:
City-funded legal programs served immigrant New Yorkers in over 25,000 cases in
FY2018, as a result of the City’s overall commitment to immigration legal assistance
programs totaling $48 million. The majority of these cases - approximately 18,000 -
were served through a continuum of Administration-funded legal services programs
which provide legal representation, advice, comprehensive legal screenings, and other
assistance. The balance of these cases, were served through Council-funded
immigration programs, including NYIFUP and ICARE/UMFI, as discussed above.
Of the 18,000 cases served by Administration-funded legal services, lawyers provided
full legal representation to immigrants in need of services in 79.7 percent of cases
handled through these programs.
Immigration-related legal representation grew by nearly half (47.7 percent) in the
Administration’s IOI program, with substantial increases seen in legal services for
survivors of domestic violence and trafficking (up 260.9 percent); removal defense
representation (up 89.8 percent); and citizenship/naturalization (up 48.5 percent).
Over 1,000 survivors of domestic violence or sex trafficking received immigration legal
services, including representation in filing for U and T visas and over 500 young
immigrants received legal services specifically targeted immigrant youth such as SIJS
42
applications. Administration-funded legal services providers also assisted
approximately 1,500 New York City residents with renewals of their Deferred Action
for Childhood Arrivals (DACA) status.
Among cases in which applications were decided, the grant rate remained high - 96.5
percent of applications for status that were decided in FY2018 were granted.
Legal service providers assisted immigrants from over 176 countries; the largest single
groups of program clients were from Mexico and the Dominican Republic. Cases
involving immigrants from the Caribbean and from Central America grew
substantially in FY2018 compared to the previous year (50.7 percent and 42.1
percent, respectively) and cases for immigrants from African nations also notably
increased, by 24.5 percent over FY2017.
The tables below present this analysis in greater detail.
Table 19: Legal Services Cases Handled through Mayoral Immigration Programs, FY2018
21
Program
Cases
% of FY2018
Total
ActionNYC
9,847
55%
Mayoral IOI
5,942
33%
CSBG-Funded
2,178
12%
Total
17,967
100.0%
Table 20: Applications to USCIS for Immigration Status Filed through Mayoral Immigration
Programs
FY2017
FY2018
Applications Filed with USCIS
5,967
6,482
Applications Decided by USCIS
1,435
2,482
Applications Granted by USCIS
1,375
2,395
Applications Denied/Other by USCIS
60
87
21
Cases handled include individuals who receive brief advice, comprehensive legal screenings, and those who are
taken on representation
43
Table 21: Borough of Residence of Legal Services Clients (Mayoral IOI and CSBG-Funded)*
Borough
FY2017
FY2018
% of FY2018
Total
Bronx
1,131
1,798
22.1
Brooklyn
1,817
2,500
30.8
Manhattan
714
900
11.1
Queens
2,345
2,445
30.1
Staten Island
231
462
5.7
* Excludes cases in which borough of residence is unknown.
Table 22: Age Group of Legal Services Clients in Mayoral Immigration Programs,
FY2017-FY2018*
Age of Client
FY2017
FY2018
% of FY2018
Total
Under 21
2,228
2,582
14.4
22 to 34
3,693
3,994
22.2
35 to 44
2,844
3,222
17.9
45 to 54
2,258
2,663
14.8
55 to 64
1,525
1,919
10.7
65 +
1,118
1,517
8.4
* Excludes cases where age is unknown.
44
Table 23: Country of Origin of Legal Services Clients in Mayoral Immigration
Programs, FY2018
Country of Origin
Cases
%
Mexico
2,587
14.4
Dominican Republic
2,385
13.3
Haiti
1,334
7.4
Ecuador
1,203
6.7
Jamaica
878
4.9
Honduras
737
4.1
Colombia
736
4.1
El Salvador
502
2.8
Guatemala
429
2.4
Trinidad & Tobago
377
2.1
China
344
1.9
Guyana
341
1.9
Peru
265
1.5
Venezuela
216
1.2
Nigeria
195
1.1
Nepal
173
1.0
Bangladesh
166
0.9
Ghana
151
0.8
Guinea
146
0.8
Egypt
140
0.8
Other
4,662
25.9
Total
17,967
100.0
45
Table 24: Region of Origin of Legal Services Clients in Mayoral Immigration
Programs, FY2017-FY2018*
Region
FY2017
FY2018
% of FY2018 Total
Africa
1,222
1,521
9.3
Asia
1,251
1,104
6.7
Caribbean Islands
3,627
5,465
33.3
Central America
1,334
1,895
11.6
Europe
492
610
3.7
Middle East
278
195
1.2
North America
2,743
2,618
16.0
Pacific
28
8
0.0
South America
2,510
2,985
18.2
* Excludes cases where country of origin is unknown.
Sources: OCJ and MOIA Administrative Data
46
Table 25a: Levels and Types of Legal Services Provided in Mayoral Immigration Programs,
FY2017-FY2018
All Mayoral Programs
FY2017
FY2018
% of
Total
FY2018
Cases
% of FY2018
Full Legal
Representation
Comprehensive Immigration Legal Screenings/Legal
Advice/Brief Assistance
3,075
3,655
20.3
N/A
Asylum and Refugee Issues
836
963
79.7
6.7
Citizenship
2,544
2,769
19.3
DACA
1,214
1,499
10.5
Legal Services for DV and Trafficking Survivors
650
1,036
7.2
Legal Services for Immigrant Workers
2,035
2,033
14.2
Legal Services for Immigrant Youth
487
543
3.8
Permanent Residency
2,420
3,904
27.3
Removal Defense
216
410
3.4
Other
1,221
1,155
7.5
Total
14,698
17,967
100.0
100.0
47
Table 25b: Levels and Types of Legal Services Provided, ActionNYC, FY2017-FY2018
ActionNYC
FY2017
FY2018
% of
Total
FY2018
Cases
% of FY2018
Full Legal
Representation
Comprehensive Immigration Legal Screenings/Legal Advice/Brief
Assistance
1,873
2,013
20.4
N/A
Asylum and Refugee Issues
216
309
79.6
3.9
Citizenship
1,937
20,72
26.4
DACA
800
1,013
12.9
Legal Services for DV and Trafficking Survivors
178
305
3.9
Legal Services for Immigrant Workers
579
704
9.0
Legal Services for Immigrant Youth
68
93
1.2
Permanent Residency
1,900
3,152
40.2
Removal Defense
-
-
1.0
Other
892
186
1.4
Total
8,443
9,847
100.0
100.0
48
Table 25c: Levels and Types of Legal Services Provided, Mayoral IOI, FY2017-FY2018
Mayoral IOI
FY2017
FY2018
% of
Total
FY2018
Cases
% of FY2018
Full Legal
Representation
Comprehensive Immigration Legal Screenings/Legal Advice/Brief
Assistance
1,154
1,601
26.9
N/A
Asylum and Refugee Issues
525
507
11.7
Citizenship
165
245
5.6
DACA
269
315
7.3
Legal Services for DV and Trafficking Survivors
115
415
9.6
Legal Services for Immigrant Workers
997
971
73.1
22.4
Legal Services for Immigrant Youth
192
263
6.1
Permanent Residency
370
547
12.6
Removal Defense
208
401
9.2
Other
98
677
15.6
Total
4,093
5,942
100.0
100.0
49
Table 25d: Levels and Types of Legal Services Provided, CSBG-Funded Immigration Legal
Services, FY2017-FY2018
CSBG-Funded
FY2017
FY2018
% of
Total
FY2018
Cases
% of FY2018
Full Legal
Representation
Comprehensive Immigration Legal Screenings/Legal Advice/Brief
Assistance
48
41
1.9
N/A
Asylum and Refugee Issues
95
147
98.1
6.9
Citizenship
442
452
21.2
DACA
145
171
8.0
Legal Services for DV and Trafficking Survivors
357
316
14.8
Legal Services for Immigrant Workers
459
358
16.8
Legal Services for Immigrant Youth
227
187
8.8
Permanent Residency
150
205
9.6
Removal Defense
8
9
0.4
Other
231
292
13.7
Total
2,162
2,178
100.0
100.0
Sources: OCJ and MOIA Administrative Data
50
Other City-Funded Civil Legal Services Programs
Legal Services Connecting New Yorkers with Disabilities to Federal Benefits
The SSI Maximization project, operated by HRA’s Customized Assistance Services (CAS)
unit identifies and connects HRA clients with disabilities to assistance in obtaining federal
disability benefits. The project targets vulnerable HRA clients who have been determined to
have disabilities and assists them in receiving and maximizing their Social Security
Disability Income (SSDI) and Supplemental Security Income (SSI). The program provides
home-based assistance in completing the disability application process and includes
assistance for program clients for whom SSDI and SSI have been denied or who obtained
insufficient awards in having these determinations reviewed by the Social Security appeals
court or in Federal courts. The program is intended to improve the quality for the extremely
vulnerable living on fixed incomes and who have limited mobility. The SSI Maximization
project is funded by HRA at approximately $2.5 million in FY2019. A list of legal services
providers participating in the SSI Maximization project is included at Appendix 13.
Legal Assistance for Senior New Yorkers
The Department for the Aging (DFTA) administers $1.3 million in annual funding for legal
services for seniors. DFTA contracts with nonprofit legal services organizations to provide
legal advice and representation to senior New Yorkers in areas including income and benefits,
healthcare advocacy, long-term care issues, housing, guardianship, and issues of elder abuse,
neglect, exploitation, and discrimination.
In addition, the Assigned Counsel Project (ACP) provides free legal services to low-income
seniors with who are facing evictions or other matters in New York City Housing Court.
Clients are referred for legal representation by the Housing Court, and are eligible for legal
representation if they are sixty years of age or older; have an identifiable social service need;
and have a pending Housing Court case. In FY2019, ACP is supported by $869,000 in
Mayoral funding,
Legal Services for Small Businesses Facing Commercial Leasing Issues
While much of the City’s civil legal services programming is targeted to assist individuals or
families, a NYC Department of Small Business Services (SBS) initiative seeks to help small
businesses in New York City. The Commercial Lease Assistance Program, administered by
SBS, launched in FY2018 to provide small business owners with free legal assistance from
dedicated attorneys. Through this program, attorneys provide high quality legal assistance
51
to business owners on topics including negotiating or renewing leases, resolving landlord
issues, and helping to settle contract disputes. This program is offered at no cost to New York
City’s small businesses that meet income and other eligibility requirements. Eligible
businesses are connected to attorneys for pre-litigation advice and representation to help
small business resolve problems before they end up in court. Attorneys will assist in drafting
and sending legal correspondence to landlords, addressing issues related to tenant
harassment, and helping to resolve challenges when a building changes ownership. The CLA
program has provided assistance on over 450 legal matters. A list of legal services providers
participating in the Commercial Lease Assistance Program is included at Appendix 14.
52
Conclusion
Fiscal Year 2018 saw New York City reach new milestones in helping residents navigate the
justice system with the legal assistance that they need, and as implementation of key
programs continues, more and more New Yorkers will have access to a legal system that is
fairer and more just because of these efforts. As documented in this annual report, the City
of New York is a national leader in supporting and championing this work, reflecting our
firm and continued commitment to increasing fairness and equity in the justice system.
HRA’s Office of Civil Justice is proud to continue expanding access to justice for all New
Yorkers.
53
APPENDICES
54
Appendix 1: Legal Services for Low-Wage Workers Providers
Legal Services NYC
Make the Road New York
Mobilization for Justice, Inc.
New Immigrant Community Empowerment
New York Committee for Occupational Safety and Health
New York Legal Assistance Group, Inc.
Renaissance Technical Institute, Inc.
The Legal Aid Society
Urban Justice Center
55
Appendix 2: Judiciary Civil Legal Services (JCLS) Grantee Organizations for FY2018–FY2019
Advocates for Children of New York
Asian American Legal Defense and
Education Fund
Association of the Bar of the City of New
York Fund Inc.
Brooklyn Bar Association Volunteer
Lawyers Project, Inc.
Brooklyn Defender Services
Brooklyn Legal Services Corporation A
CAMBA Legal Services, Inc.
Catholic Charities Community Services,
Archdiocese of New York
Catholic Migration Services, Inc.
Center for Family Representation
Central American Legal Assistance
Child and Family Services
Community Service Society of New York
Family Center Inc.
Her Justice, Inc.
Housing Conservation Coordinators, Inc.
Jewish Association for Services for the
Aged
Latino Justice PRLDEF
Legal Action Center
Legal Information for Families Today
Legal Services NYC
Lenox Hill Neighborhood House
Make the Road New York
Mobilization for Justice, Inc. (w/
Partnership for Children’s Rights)
New York Center for Law and Justice
New York Lawyers for the Public Interest,
Inc.
New York Legal Assistance Group, Inc.
Northern Manhattan Improvement
Corporation
Pace University
Part of the Solution
Pro Bono Net
Queens Volunteer Lawyers Project
Safe Horizon, Inc.
Safe Passage Project Corporation
Sanctuary for Families, Inc.
The Door – A Center for Alternatives, Inc.
The Bronx Defenders
The Legal Aid Society
The Neighborhood Defender Service of
Harlem
Touro College
Urban Justice Center
Vera Institute of Justice
Volunteers of Legal Services, Inc.
56
Appendix 3: New York City-based Interest on Lawyer Account (IOLA) Fund Grantees for
FY2018–FY2019
Advocates for Children of NY
African Services Committee, Inc.
Association of the Bar of the City of New
York Fund, Inc.
Brooklyn Bar Association Volunteer
Lawyers Project, Inc.
Brooklyn Defender Services
Brooklyn Legal Services Corporation A
CAMBA Legal Services, Inc.
Catholic Charities Community Service,
Archdiocese of New York
Catholic Migration Services, Inc.
Center for Family Representation
Central American Legal Assistance
Community Service Society
Day One
Her Justice, Inc.
HIV Law Project
Housing Conservation Coordinators, Inc.
Human Rights First
Jewish Association for Services for the
Aged
LatinoJustice PRLDEF
Lawyers Alliance for New York
Legal Action Center of the City of New
York, Inc.
Legal Information for Families Today
Legal Services NYC
Lenox Hill Neighborhood House
Lutheran Social Services of Metropolitan
New York
Make the Road New York
Mobilization for Justice, Inc.
National Center for Law and Economic
Justice
New Economy Project
New York County Layers Association
New York Immigration Coalition
New York Lawyers for the Public Interest
New York Legal Assistance Group
(includes Self Help)
Northern Manhattan Improvement
Corporation
Partnership for Children's Rights
Pro Bono Net
Safe Horizon, Inc.
Safe Passage Project Corporation
Sanctuary for Families, Inc.
The Bronx Defenders
The Door – A Center for Alternatives, Inc.
The Family Center
The Legal Aid Society
Urban Justice Center
Volunteers of Legal Services
Youth Represent
57
Appendix 4: Anti-Eviction Legal Services Providers
Brooklyn Legal Services Corporation A
CAMBA Legal Services, Inc.
Goddard Riverside Community Center
Housing Conservation Coordinators, Inc.
Lenox Hill Neighborhood House
Legal Services NYC
Mobilization for Justice, Inc.
Neighborhood Association for Intercultural Affairs, Inc.
Neighborhood Defender Service of Harlem
New York Legal Assistance Group, Inc.
Northern Manhattan Improvement Corporation
RiseBoro Community Partnership, Inc.
The Bronx Defenders
The Legal Aid Society
Urban Justice Center
58
Appendix 5: Universal Access (UA) ZIP Codes
Bronx: 10457, 10467, 10468, 10462
Brooklyn: 11216, 11221, 11225, 11226
Manhattan: 10025, 10026, 10027 10031
Queens: 11373, 11433, 11434, 11385
Staten Island: 10302, 10303, 10314, 10310
59
Appendix 6: Anti-Harassment Tenant Protection (AHTP) Program Target Neighborhoods and
Legal Services Providers
Geographic Area
Providers
Borough
Neighborhood
Zip Code
LEAP
BOOM!Health
Brooklyn Defender
Services
Brooklyn Legal Services
Corporation A
CAMBA Legal Services,
Inc.
Catholic Migration
Services, Inc.
Goddard Riverside
Community Center
Jewish Association for
Services for the Aged
Lenox Hill
Neighborhood House
Make the Road New
York
Mobilization for Justice,
Inc.
Northern Manhattan
Improvement
Corporation
The Bronx Defenders
Urban Justice Center
(lead)
Legal Services NYC
The Legal Aid Society
Brooklyn
Bushwick
11206
Ridgewood/Bushwick
11237
Gowanus/Park Slope
11215
Boerum Hill
11217
Carroll Gardens/Red Hook
11231
East New York
11207
11208
Brownsville
11212
Ocean Hill
11233
Manhattan
East Harlem
10029
10035
Inwood
10034
Queens
Long Island City
11101
West Flushing
11354
Flushing
11358
Far Rockaway
11691
11692
Bronx
Morris Heights
10453
Highbridge
10452
Longwood
10459
East Tremont
10457
West Farms
10460
Staten
Island
Stapleton
10304
Bay Street
10301
60
Appendix 7: ActionNYC Legal Services Providers
African Communities Together
Arab American Association of New York
Association for Neighborhood and
Housing Development
Atlas: DIY Corporation
BronxWorks
CAMBA Legal Services, Inc.
Caribbean Women’s Health Association,
Inc.
Catholic Charities Community Services,
Archdiocese of New York
Catholic Legal Immigration Network, Inc.
Center for Family Life
Center for Popular Democracy
Center for the Integration and
Advancement of New Americans, Inc.
Chhaya Community Development
Corporation
Chinese-American Planning Council, Inc.
City University of New York
Council of Peoples Organization, Inc.
Damayan Migrant Workers Association,
Inc.
Gay Men’s Health Crisis, Inc.
Immigrant Justice Corps, Inc.
Jacob A. Riis Neighborhood Settlement
Korean Community Services of
Metropolitan New York
LSA Family Health Service
Lutheran Social Services of New York
Make the Road New York
Masa
Mekong
Mercy Center
MinKwon Center for Community Action,
Inc.
Mixteca Organization Inc.
New York Immigration Coalition
New York Legal Assistance Group, Inc.
Northern Manhattan Improvement
Corporation
NYC Department of Education
NYC Health+Hospitals
Sauti Yetu Center for African Women,
Inc.
Street Vendor Project
61
Appendix 8: Providers of Emergency Intervention Services (EIS) Legal Services for Survivors
of Domestic Violence
Barrier Free Living
Caribbean Women’s Health Association
El Centro NYC
Nuevo Amanecer Dominican Women’s Development Center
Puerto Rican Family Institute – Bronx Head Start
Sanctuary for Families, Inc.
Urban Justice Center
VIP Community Services
62
Appendix 9: Immigrant Opportunity Initiative (IOI) Program Legal Services Providers
African Services Committee, Inc.
Kids in Need of Defense
Asian Americans for Equality, Inc.
Legal Services NYC
Association of the Bar of the City of New
York Fund, Inc.
Make the Road New York
Atlas DIY Corporation
Mobilization for Justice, Inc.
Boro Park Jewish Community Council
New York Legal Assistance Group, Inc.
Boys & Girls Club of Metro Queens, Inc.
Northern Manhattan Coalition for
Immigrant Rights
Brooklyn Chinese-American Association, Inc.
Northern Manhattan Improvement
Corporation
Brooklyn Defender Services
Polish and Slavic Center, Inc.
CAMBA Legal Services, Inc.
Queens Community House, Inc.
Caribbean Women's Health Association, Inc.
Safe Horizon, Inc.
Catholic Charities Communities Services,
Archdiocese of New York
Safe Passage Project Corporation
Catholic Migration Services, Inc.
Sanctuary for Families, Inc.
Central American Legal Assistance
SBH Community Service Network, Inc.
(Sephardic Bikur Cholim)
Comprehensive Development, Inc.
Southside Community Mission, Inc.
Council of Jewish Organizations of Flatbush,
Inc.
The Ansob Center for Refugees
Emerald Isle Immigration Center, Inc.
The Bronx Defenders
Gay Men's Health Crisis, Inc.
The Door – A Center for Alternatives, Inc.
HANAC Inc.
The Legal Aid Society
HIV Law Project, Inc.
United Jewish Organizations of
Williamsburg, Inc.
Housing Conservation Coordinators, Inc.
Urban Justice Center
Immigrant Justice Corps, Inc.
West Bronx Housing and Neighborhood
Resource Center, Inc.
Youth Ministries for Peace and Justice, Inc
63
Appendix 10: Community Service Block Grants (CSBG)-Funded Legal Services Providers
Services for Victims of Domestic Violence and Trafficking
Sanctuary for Families, Inc.
Urban Justice Center
Services for Immigrants
Brooklyn Defender Services
CAMBA Legal Services, Inc.
Legal Services NYC
New York Legal Assistance Group, Inc.
Northern Manhattan Improvement Corporation
Queens Legal Services Corporation
Sauti Yetu Center for African Women, Inc.
Youth Ministries for Peace and Justice, Inc.
Services for Immigrant Workers
Catholic Migration Services, Inc.
Make the Road New York
Urban Justice Center
Services for Immigrant Youth
Brooklyn Defender Services
The Door – A Center for Alternatives, Inc.
64
Appendix 11: New York Immigrant Family Unity Project (NYIFUP) Legal Services Providers
Brooklyn Defender Services
The Bronx Defenders
The Legal Aid Society
65
Appendix 12: The Immigrant Child Advocates’ Relief Effort (ICARE) / Unaccompanied Minors
and Families Initiative (UMFI) Legal Services Providers
Catholic Charities Community Services, Archdiocese of New York
Central American Legal Assistance
Safe Passage Project Corporation
The Door – A Center for Alternatives, Inc.
The Legal Aid Society
66
Appendix 13: The Supplemental Security Income (SSI) Maximization Project Legal Services
Providers
Legal Services NYC
The Legal Aid Society
67
Appendix 14: Commercial Lease Assistance Program Legal Services Providers
Brooklyn Legal Services Corporation A
Urban Justice Center
Volunteers of Legal Services, Inc.
