ALAA Testimony to the NYC Office of Civil Justice Hearing on the Right to Counsel
On November 23, ALAA President Jared Trujillo testified at the annual Office of Civil Justice Hearing on the Right to Counsel. The full text of the testimony is below:
We thank the Office of Civil Justice for holding this meeting, and for giving our union the opportunity to testify. My name is Jared Trujillo and I am president of the Association of Legal Aid Attorneys (UAW Local 2325), a union of more than 2,100 legal workers at 17 different legal organizations in New York. Together with the Legal Services Staff Association (UAW Local 2320) we represent the majority of housing legal workers funded by the city.
Our members represent low-income New Yorkers who are faced with some of the most challenging situations families will face in their lives, and we are often the only line of defense for tenants facing eviction and against landlords that force our clients to live in inhumane conditions to save a few dollars. Racial justice and elevating low-income mostly Black and brown communities is fundamental to the work that we do. Our members are tenacious and diligent in representing our clients, and since the implementation of Right to Counsel we have saved thousands of New Yorkers from becoming homeless and have helped hold landlords accountable. Not only has this led to better outcomes for community members, but it has saved the City money by reducing homelessness. In order to ensure RTC is as effective as possible, we propose the following:
Fund more consumer attorneys and legal advocates: Currently the program funds legal advocates for housing court. However, landlords take advantage of this and they frequently sue low-income tenants in civil and small claims court, where only approximately four percent of defendants are represented. As the pandemic plunges more New Yorkers deeper into debt, landlords will undoubtedly sue more tenants for arrears. It is imperative that the city adequately fund more consumer attorneys so that the communities most ravaged by the pandemic can have an experienced advocate with them in the courtroom.
Classify tenant organizers as essential workers: Tenant organizers are essentialto empowering communities. They ensure tenants understand their right to an attorney, and help low-income New Yorkers navigate the complicated labyrinth of the legal system so they can assert their rights. This work became more important than ever during the pandemic. The City must recognize tenant organizers as essential workers, fully fund their work, and continue to help New Yorkers survive the pandemic.
Partner with organized labor in rolling out the program: UAW Local 2325 and UAW Local 2320 collectively represent the majority of universal access legal workers in New York, and many more than any individual service provider. While the service providers contract with the city, our members do a majority of the work on the frontlines representing New Yorkers and their voice should be heard when making decisions about the program. Moving forward, OCJ should also speak directly with the unions that represent housing advocates, including to discuss the rollout for the expansion of RTC.
Fully fund the program: RTC has radically changed legal representation in New York and it serves as a model to other cities that want to implement similar programs. To ensure the program functions effectively it is important that it is fully paid for - currently, the city only reimburses service providers for 40% to 60% of the actual cost of providing services. Further, the City must pay the full cost of administering the program. Additionally, HRA should reimburse providers for the first phases of pay parity so that they can afford to retain talented and experienced attorneys.
Testimony by:
Association of Legal Aid Attorneys (UAW Local 2325)
Jared M. Trujillo, Esq.
President
(708) 623 3928
jtrujillo@legal-aid.org