Advocates Demand Equal Access to Justice for Tenants at Brooklyn Housing Court

Brooklyn, NY, December 14, 2011 — Tenants, community-based organizations, legal service
providers (including Legal Services NYC) and elected officials from across Brooklyn came together today
to denounce the appalling lack of justice for tenants at Brooklyn
Housing Court and to call upon the Office of Court Administration to
improve the court’s physical facility, access to information and
services, and treatment of tenants at Brooklyn Housing Court. They also
gathered to announce the formation of a new coalition, Brooklyn Tenants
United, which has come together to address tenant concerns about
Brooklyn Housing Court.

Media Coverage: Brooklyn Eagle,  NY Daily News, TheRealDeal.com

“Home Court Advantage,”
a new report by Make the Road New York, demonstrates that in Brooklyn
Housing Court, where 85% of landlords are represented in court while
approximately 95% of tenants are not, tenants face a myriad of
challenges. This new MRNY report finds “problems with the physical
environment, the lack of services and information, and the need for
greater respect and impartiality.” The report also finds that “people
with limited English proficiency, parents obliged to bring small
children with them to court, and people with disabilities all face
additional challenges because of inadequate multilingual services, the
lack of childcare, and the limited accommodations for people with
disabilities.” The MRNY report offers a series of recommendations
regarding the physical environment, accessibility, and respect and
impartiality, and is part of Brooklyn Tenants United’s effort to reform
Brooklyn Housing Court. Read the report by clicking here.

“Everyone should be able to go to court and find justice,” said Gladys Puglla, a Brooklyn tenant and member of Make the Road New York. “Unfortunately, it’s almost impossible for tenants to find justice at Brooklyn Housing Court. It’s an intimidating, confusing place, especially for people who don’t have a lawyer, and most tenants don’t have a lawyer.”

“I have a lot of experience with Housing Court,” said Sofía Aguilar, a Brooklyn tenant and leader from Bushwick Housing Independence Project. “I have personally seen that most tenants arrive to court with no legal representation, they aren’t familiar with the court procedures, and they suffer abuse from court staff. It’s even worse when the tenant doesn’t speak English. I have seen landlord attorneys try to intimidate tenants who don’t have a lawyer, especially in the hallways when they have pre-printed stipulations and they tell the tenants that their only option is to sign.”

“All tenants deserve a fair and organized civic space to publicly express their voices,” said Assembly Member Hakeem Jeffries. “Too often, residents feel inherently discouraged to bring critical complaints to court because of long waits, language barriers, and a lack of legal counsel. I commend Brooklyn Tenants United for taking leadership on this issue, and urge the Brooklyn Housing Court to seriously consider the report’s new recommendations.”

“Whenever I go to housing court, right away I know I am in for a day of discomfort and frustration,” said Kimberley Oliver, a Brooklyn tenant, association member at Flatbush Gardens, and a member of the Flatbush Tenant Coalition. “The elevator takes forever and you are packed in like sardines.  Once you get to your floor, you enter a world of total chaos.  You've got people standing having conversations, attorneys talking, court officers screaming out things, people don't know where they belong or how to find out where they belong, and elderly and disabled people have to stand for a long time because there are not enough chairs.”

“Many of the problems with the Brooklyn Housing Court stem from tenants facing the disadvantage of not having attorneys, while landlords do have legal representation,” said Council Member Letitia James. “This issue, combined with the lack of information and services, as well as problems with the physical environment creates an urgent need for critical changes to Brooklyn Housing Court; specifically better access to information, and possibly the relocation of the court to a more appropriate facility.”

“There is an intrinsic imbalance of power between landlords and tenants that cannot be exacerbated by housing court,” said Council Member Diana Reyna.  “We must encourage the development of consistent practices, procedures and laws that prevent discrimination – leveling the playing field – making sure the law does not reflect one interest over another.  We will continue our advocacy until we are all represented fairly.”

 “Tenants are the largest group of people in Housing Court, and they have the most at stake there, but until now they have not been included in the decisions about how the court is run and how resources are allocated.  Now these tenants have decided that they are going to change that,” said Michael Grinthal, Senior Staff Attorney, South Brooklyn Legal Services.

“A level playing field in housing court is a critical step on the way to providing safe and decent housing for every New Yorker. That so few tenants currently have representation in housing cases has implications beyond tenant rights. It can also delay the court process and create difficulties for landlords trying to settle disputes in good faith. I applaud the formation of the Brooklyn Tenants United Coalition, which promises to improve the ability of tenants to navigate housing court effectively– ultimately benefiting everyone,” said Public Advocate Bill de Blasio.

“Our coalition looks forward to working with the Office of Court Administration to make Brooklyn Housing Court a fair, just and accessible court for all,” said Karen May Bacdayan, Senior Staff Attorney, Legal Services NYC – Brooklyn Branch. “We are pleased that OCA has come to the table, but it is only the first step.  There is much work yet to be done.”

Brooklyn Tenants United is a coalition of tenants, community organizations and legal services providers across Brooklyn which have come together to address tenant concerns about Brooklyn Housing Court. Members include Bushwick Housing Independence Project, Fifth Avenue Committee, Housing Court Answers, Flatbush Tenant Coalition/FDC, Legal Services NYC-Brooklyn Branch, Make the Road New York, Neighbors Helping Neighbors, Pratt Area Community Council, South Brooklyn Legal Services (a program of Legal Services NYC) and The Legal Aid Society.