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Cohen Backs Bills to Expand Right to Counsel, Which Could Benefit Thousands

Cohen Backs Bills to Expand Right to Counsel, Which Could Benefit Thousands
COUNCILMAN ANDREW COHEN (pictured) speaks at a town hall meeting organized by the Community Action for Safe Apartments (CASA), Northwest Bronx Clergy and Coalition (NWBCCC), and Right to Counsel (RTCNYC) in the Mt. Eden section of the Bronx on Jan. 15. The event seeks to build support for bills Intro 1529 and Intro 1104 which expand the rights of tenants to receive free legal representation in eviction proceedings.
Photo by José A. Giralt

Bronx residents in fear of landlords’ common use of initiating eviction proceedings are waiting for two bills before the City Council to pass soon.

And while few New York City Council members from the Bronx have committed to backing the bill, they have support from Norwood’s Councilman Andrew Cohen.

The two bills—Intros 1529 and 1104—look to expand Right to Counsel not only geographically but also economically. The bills, signed into law in 2017, are collectively known as Right to Counsel (RTC). New York City was the first in the country to implement them.

On Jan. 15, local residents joined housing activists from Community Action for Safe Apartments (CASA), Northwest Bronx Community and Clergy Coalition (NWBCCC), and the Right to Counsel NYC Coalition (RTCNYC) at a rally and town hall meeting at the New Settlement Community Center on Jerome Avenue in Mt. Eden. Councilwoman Vanessa Gibson, whose council district she represents was the first to benefit from Right to Counsel, also supports expanding the measure. In 2018, much of Gibson’s district experienced the largest rezoning for the Bronx, which sparked fears of displacement.

“Do you know why I’m the first one here?” Cohen asked at the town hall.  “Because I support both bills already … The reason I was so quick to sign on with Right to Counsel is because it works. Evictions are down all across the city.”

Data from the city’s Department of Investigation (DOI) supports the councilman’s statement. Citywide, in FY 2013, only one percent of tenants had an attorney represent them in housing court. That number increased to 30 percent during the last Fiscal Year quarter of 2018, running from April 1 until June 30.  The New York City Office of Civil Justice (OCJ) funded legal representation for almost 22,000 tenants during FY 2018 and reports that 84 percent of them won against eviction from landlords, according to an analysis by OCJ.

Intro 1529 mandates the city work with community groups to inform tenants of their right to free legal counsel. According to data published by RTCNYC, 53 percent of tenants who had a right to free representation weren’t aware of it before arriving in court.

The Universal Access to Legal Representation designated $155 million over five years to fund the initiative. RTCNYC points out that the cost of the program is offset considerably by frivolous cases being thrown out because tenants can challenge the landlords with legal representation.

Intro 1104 will double the income requirement on people seeking legal help in their fight against eviction based on the Federal Poverty Level (FPL). Currently the FPL for a single person is $12,490. For a family of four it’s $25,750. Should the law pass, an individual making $24,980 would qualify for the right to a free attorney. For a family of four the law would apply to families making less than $51,500 annually. In addition, Bronxites have to live in one of the following zip codes: 10457, 10467, 10468, 10462, or 10453. Under the proposal, all Bronx residents would qualify for a free attorney should they meet the income eligibility standard.

According to the 2013-2017 American Community Survey (ACS), 38.8 percent of the total households in the combined neighborhoods of Norwood, Bedford Park, and Fordham North make $24,999 or less annually. For those households making less than $49,999 the percentage rises to 51.3 percent.

Cohen favors the bill that would expand RTC’s income eligibility, which could mean that half of Norwood, Bedford Park, and Fordham residents would qualify for RTC.

It’s so far worked for Floriberto Galindo, who’s part of a group of tenants on a rent strike at 3425 Gates Pl. in Norwood. They are risking eviction for fighting against a landlord they describe as constantly raising the rent and “one of the worst evictors ever.” They argue that the landlord keeps hiking up their rent-stabilized apartments through major capital improvement (MCI) filings that do not add up, a claim the management company, The Morgan Group, has consistently denied.  MCIs allow landlords to raise the rent, in response to repairs and improvements, beyond the rates approved annually by the Rent Guidelines Board. Galindo, together with the 3425 Gates Place Tenants Association, refuse to be intimidated by threats of evictions for challenging the landlord.

At the town hall, Galindo, speaking in Spanish, expressed gratitude for access to free legal representation. “We have one of the worst landlords, displacers, ever with 59 buildings.  [But] we are very happy to have these organizations (CASA, NWBCCC, and RTCNYC) represent and support our cases,” Galindo said.

The expansion of tenant rights is of special concern to senior citizens who are more likely to be low-income, rent-burdened, and on a fixed income. The city projects the population of those 65 years and older will grow by 40 percent by 2040. The Bronx is expected to experience a 56.6 percent growth in senior citizens during that same span.

The final price tag of the two new bills is uncertain.  In a telephone interview with the Norwood News, Cohen expressed confidence that the bills will pass.  “We’ll [the City Council] have to work with the mayor’s office to find the sweet spot where it’ll work with his budget,” Cohen said.  “It’s hard to argue with quantifiable results and hard empirical evidence and that’s what we have with [RTC].”

Although the north Bronx is not usually associated with the problems of the poor, the councilman acknowledges that there are “pockets of extreme poverty in Norwood.”

“For those without the advantage of legal representation, these laws can give them a tremendous advantage when they face eviction,” said Cohen.

Still, the city does face a challenge when drafting this year’s budget as funding issues with Medicare happening on the state level are having an impact on the city’s budget, which takes effect on July 1.

Welcome to the Norwood News, a bi-weekly community newspaper that primarily serves the northwest Bronx communities of Norwood, Bedford Park, Fordham and University Heights. Through our Breaking Bronx blog, we focus on news and information for those neighborhoods, but aim to cover as much Bronx-related news as possible. Founded in 1988 by Mosholu Preservation Corporation, a not-for-profit affiliate of Montefiore Medical Center, the Norwood News began as a monthly and grew to a bi-weekly in 1994. In September 2003 the paper expanded to cover University Heights and now covers all the neighborhoods of Community District 7. The Norwood News exists to foster communication among citizens and organizations and to be a tool for neighborhood development efforts. The Norwood News runs the Bronx Youth Journalism Heard, a journalism training program for Bronx high school students. As you navigate this website, please let us know if you discover any glitches or if you have any suggestions. We’d love to hear from you. You can send e-mails to norwoodnews@norwoodnews.org or call us anytime (718) 324-4998.

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One thought on “Cohen Backs Bills to Expand Right to Counsel, Which Could Benefit Thousands

  1. J.D

    I am greatly disturbed about the redesign of the Express Bus service concerning BxM4 to Manhattan. I have reviewed the schedule and am truly perturbed that the Express Bus will only run southbound from 5:30-7:30 am. The evening buses will run during northbound 4:30-6:30 pm.

    If I have appointments after 7:30 am how am I to get to Manhattan? I am a senior citizen and enjoy using the Express Bus rather than get crushed in a train that I cannot get a seat. The steps to the train are quite taxing. Why are senior citizens being penalized?  I do not have appointments at 7:30 in the morning or have to wait until 4:30 pm for a bus. The Express Bus will not run on Fifth Ave. If we are supposed to have more people use public transportation why take away the service? If the fare was more reasonable the bus would be filled and less car traffic would be on the streets. Why can’t the schedule be every 2 hours midday and evening, rather than no service? The return bus stop is changing off the concourse and having it on Miriam St. that is far for people to have to walk who live on the other side of the Grand Concourse.

    There will be NO service at all during weekends!!
    By not running buses on Fifth Ave. the Museums would not be such a great attraction as it is and there will be a loss of money there too as well as restaurants and theatre. 

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