NYC Office of Civil Justice
2019
ANNUAL REPORT
1
Contents
Acknowledgments ......................................................................................................4
About the Human Resources Administration/Department of Social Services ...........5
Introduction ................................................................................................................6
Main Findings .............................................................................................................8
Funding for Civil Legal Services for Low-Income New Yorkers ................................ 10
Figure 1: Public Funding for Civil Legal Services Providers in New York City (in millions), FY2013–FY2020* ....... 11
New York City Funding for Civil Legal Services........................................................................... 12
Figure 2: New York City Funding for Civil Legal Services (in millions), FY2013– FY2020....................................... 12
New York State Funding for Civil Legal Services ........................................................................ 15
Table 1: New York State Judiciary Funding Awarded to Civil Legal Service Providers in New York City, FY2013–
FY2020 (in millions) .................................................................................................................................................... 16
OCA’s Judiciary Civil Legal Services (JCLS) Grants .................................................................................................... 16
Interest on Lawyer Account (IOLA) Fund .................................................................................................................. 17
Other State Initiatives ................................................................................................................................................ 17
Federal Funding for Civil Legal Services ..................................................................................... 18
Legal Services for New York City Tenants ................................................................ 19
Figure 3: New York City Households and Individuals Receiving Administration-Funded Housing Legal Assistance,
FY2014−FY2019 ......................................................................................................................................................... 19
Table 2: New York City Households Receiving Administration-Funded Housing Legal Services in FY2019 .......... 21
Figure 4: Legal Representation and Assistance for Tenants Appearing in Housing Court in Eviction Proceedings,
July 1, 2019 – December 31, 2019 ............................................................................................................................ 23
Impact of OCJ’s Eviction Defense Legal Services ....................................................................... 24
Outcomes Achieved ................................................................................................................................................... 24
Figure 5: Legal Representation for Households Facing Eviction in New York City Housing Court and NYCHA
Termination of Tenancy Proceedings: Outcomes Achieved, FY2019...................................................................... 25
Residential Evictions .................................................................................................................................................. 25
Table 3: Residential Evictions Conducted by New York City Marshals, 2013–2019 ............................................... 26
Eviction Cases Filed and Activity in Housing Court .................................................................................................. 26
Table 4: Eviction Petitions Filed in New York City Housing Court, 2013-2019 ....................................................... 28
Table 5: Non-Payment Eviction Petitions Filed in New York City Housing Court, 2013-2019 ............................... 29
2
Table 6: Holdover Eviction Petitions Filed in New York City Housing Court, 2013-2019 ....................................... 29
Table 7: Warrants of Eviction Issued in New York City Housing Court, 2013-2019 ............................................... 30
Table 8: Pretrial Motions Filed in New York City Housing Court, 2014-2019 ......................................................... 30
Table 9: Emergency Orders to Show Cause Filed in New York City Housing Court, 2014-2019............................ 31
Legal Services for New York City Homeowners Facing Foreclosure ........................ 32
Table 10: Foreclosure Filings in New York City, 2013-2018 ..................................................................................... 32
Table 11: Foreclosure Cases Pending in New York City, 2013-2018 ....................................................................... 33
Figure 6: Foreclosure Settlement Conferences Appearances in New York City: Representation Rates, 2013–
2018 ............................................................................................................................................................................ 34
Legal Services for Immigrant New Yorkers .............................................................. 35
ActionNYC ................................................................................................................................................................... 35
Immigrant Opportunity Initiative (IOI) ...................................................................................................................... 36
Deportation Defense: IOI, NYIFUP and ICARE .......................................................................................................... 37
New York Immigrant Family Unity Project (NYIFUP) ................................................................................................ 37
Immigrant Child Advocates' Relief Effort (ICARE)/Unaccompanied Minors and Families Initiative (UMFI) ......... 37
CSBG-Funded Legal Services ..................................................................................................................................... 38
CUNY Citizenship NOW! ............................................................................................................................................ 38
NYCitizenship .............................................................................................................................................................. 38
Legal Services for Immigrant Survivors of Domestic Violence ................................................................................ 39
Administration-Funded Immigration Legal Services in FY2019 ................................................. 39
Table 12: Legal Services Cases Handled through Mayoral Immigration Programs, FY2019 .................................. 41
Table 13: Applications to USCIS for Immigration Status Filed through Mayoral Immigration Programs, FY2019 41
Table 14: Client’s Borough of Residence in Legal Services Cases (Mayoral IOI and CSBG-Funded)*, FY2019 ..... 42
Table 15: Client’s Age Group in Legal Services Cases in Mayoral Immigration Programs,FY2019* ...................... 42
Table 16: Client’s Country of Origin in Legal Services Cases in Mayoral Immigration Programs, FY2019 ............ 43
Table 17: Client’s Region of Origin in Legal Services Cases in Mayoral Immigration Programs, FY2019* ............ 44
Table 18a: Levels and Types of Legal Services Provided in Mayoral Immigration Programs, FY2019 .................. 45
Table 18b: Levels and Types of Legal Services Provided, ActionNYC, FY2019 ........................................................ 46
Table 18c: Levels and Types of Legal Services Provided, Mayoral IOI, FY2019 ...................................................... 47
Table 18d: Levels and Types of Legal Services Provided, CSBG-Funded Immigration Legal Services, FY2019 ..... 48
Legal Services for Low Wage Workers .................................................................... 49
Table 19: Legal Services for Low-Wage Workers: Cases Handled and Services Provided, FY2019 ....................... 51
Table 20: Legal Services for Low-Wage Workers: Residence of Client, FY2019 ..................................................... 51
3
Table 21: Legal Services for Low-Wage Workers: Age of Client, FY2019* ............................................................. 52
Table 22: Legal Services for Low-Wage Workers: Client Household Size and Composition, FY2019* ................. 52
Conclusion ............................................................................................................... 53
Appendices .............................................................................................................. 54
Appendix 1: Judiciary Civil Legal Services (JCLS) Grantee Organizations for FY2019 – FY2020 . 55
Appendix 2: New York City-Based Interest on Lawyer Account (IOLA) Fund Grantees for
FY2020–FY2021 ......................................................................................................................... 56
Appendix 3: Housing Help Program and Assigned Counsel Project Providers ........................... 57
Appendix 4: Anti-Harassment and Tenant Protection (AHTP) Program Providers .................... 58
Appendix 5: Anti-Eviction/Universal Access Legal Services Providers ....................................... 59
Appendix 6: Universal Access (UA) ZIP Codes ............................................................................ 60
Appendix 7: ActionNYC Providers .............................................................................................. 61
Appendix 8: Immigrant Opportunity Initiative (IOI) Program Providers .................................... 62
Appendix 9: New York Immigrant Family Unity Project (NYIFUP) Providers .............................. 63
Appendix 10: Immigrant Child Advocates’ Relief Effort (ICARE) / Unaccompanied Minors and
Families Initiative (UMFI) Legal Services Providers .................................................................... 64
Appendix 11: Community Service Block Grant (CSBG)-Funded Legal Services Providers .......... 65
Appendix 12: Program Providers and Partners - Legal Services for Immigrant Survivors of
Domestic Violence ..................................................................................................................... 66
Appendix 13: Legal Services for Low-Wage Workers Providers................................................. 67
4
Acknowledgments
This report was prepared by the Office of Civil Justice, New York City Human Resources
Administration.
Thanks to the Office of Evaluation and Research of the Department of Social Services;
HRA’s Homelessness Prevention Administration; DSS’ Office of Budget Administration;
and colleagues in the Mayor’s Office for their invaluable contribution. Special thanks to
Caroline Antonelli, John Gergely, Agne Jomantaite, Joseph Jones, Rebecca Rothman Klein,
Jaclyn Moore, Wimal Pitigala, and Glory Rosario of the Office of Civil Justice.
We also express our gratitude to the dedicated staff of the legal services community who
every day provide valuable legal assistance to New Yorkers in need.
5
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.
6
Introduction
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) in 2015,
with the signing of City Council Intro 736-A into law by Mayor Bill de Blasio. For the first
time, an office was created to oversee and monitor 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/DSS’s mission of fighting poverty, reducing
income inequality and addressing homelessness in New York City.
This Annual Report, OCJ’s fourth
1
, details the implementation and expansion of key legal
services initiatives in the last fiscal year, and the launch of new efforts to close the
“justice gap” for low-income and other vulnerable New Yorkers. Fiscal Year 2019
2
was
OCJ’s second full year of implementation of New York City’s landmark “tenant’s right to
counsel” law through the Universal Access to Counsel initiative. New York City is the first
city in the United States to enact a law to make legal assistance available to all tenants
facing eviction in Housing Court and in public housing termination of tenancy
proceedings, and progress continues towards a full and successful rollout of this
groundbreaking initiative. New York City had achieved new milestones in assisting
tenants facing eviction and other housing legal services challenges, with the number of
tenants facing eviction in Housing Court with legal representation to help them reaching
an all-time high, and residential evictions by marshals at historic lows for 2019.
FY2019 also saw the continued expansion of legal services programs for immigrant New
Yorkers facing a range of legal challenges brought on by cruel policies implemented by
the Trump Administration that target our immigrant communities as well as the
immigration legal system itself. In FY2019, an array of City-funded free immigration legal
services programs provided assistance and representation in 33,000 cases, a marked
increase from the year before. At a time when immigrant New Yorkers face escalated
risks of immigration-based arrests, deportation and other threats, access to legal services
1
OCJ’s reports can be found on its website, www.nyc.gov/civiljustice.
2
July 1, 2018 through June 30, 2019.
7
has never been more urgent or important, and FY2019 saw substantial growth in
immigration legal assistance in key areas of legal need for New Yorkers.
OCJ also worked with partners in the City Council and the nonprofit legal provider
community to make expanded access to legal assistance available for low-wage workers
facing violations of their rights in the workplace, and increased access to legal
representation for survivors of domestic violence to navigate the complex landscape of
divorce and related issues of family and matrimonial law. These programs exemplify the
City’s commitment to increasing fairness and equity by making justice accessible for all.
This fourth 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.
8
Main Findings
• New York City is investing approximately $200 million this year for civil legal services
for low-income New Yorkers. This fiscal year, $152 million in Mayoral funding and $45
million in City Council discretionary grants support legal services for tenants facing
eviction, for immigrant New Yorkers facing deportation and other legal challenges, for
military veterans in need of legal help, for survivors of domestic violence, for low-
wage workers, and for other vulnerable New Yorkers.
• OCJ’s legal services assisted more New York City tenants in Fiscal Year (FY) 2019 than
ever before, with over 100,000 New Yorkers facing eviction and other housing
challenges served in a single fiscal year for the first time. As of the end of FY2019,
City-funded legal services programs provided free legal representation, advice or
assistance in eviction and other housing-related matters to more than 350,000 New
York City residents since the start of the de Blasio administration.
• Universal Access and the “tenant’s right to counsel” law continue to level the playing
field for tenants facing eviction in Housing Court, with about four in ten represented
by counsel, and two-thirds of tenants represented in neighborhoods targeted through
Universal Access. In the first half of FY2020, 38% of tenants appearing in Housing
Court for eviction cases were represented by attorneys, exponentially greater than
the representation rate for tenants of only 1% in 2013. In neighborhoods selected for
targeted legal services access in the first phases of Universal Access implementation,
the legal representation rate was 67%.
• As access to legal services has increased for tenants, residential evictions by City
marshals have reached historic lows. Citywide, residential evictions in 2019 declined
by over 40% compared to 2013, including a 15% drop in the last year alone. There
have been substantial reductions in the number of evictions realized in each of the
five boroughs since 2013.
• Eviction filings in Housing Court and emergency orders to show cause continue to
decline. Nonpayment and holdover eviction proceedings, which had already dropped
12% between 2013 and 2018, further declined by more than 20% in 2019 alone. In all,
eviction cases filed in New York City Housing Court fell by over 30% between 2013
and 2019. Emergency orders to show cause fell by over 78,000 – a sharp decline of
over 38% - between 2014 and 2019.
9
• The rate of success for OCJ-funded eviction defense attorneys in protecting the
homes and tenancies of their clients remains high. For the second year in a row, in
Housing Court eviction cases resolved by OCJ-funded legal services providers, 84% of
households represented in court by lawyers were able to remain in their homes and
preserve their tenancies.
• City-funded legal services programs focusing on immigration and workplace rights
assisted New Yorkers in 33,000 cases in FY2019. Implementation of new investments
by both the Administration and the City Council in legal services for immigrant New
Yorkers and in expanded legal programs for low-wage workers substantially increased
the breadth and reach of the City’s civil legal services programs.
• Investments by the Administration and the City Council supported an exponential
increase in legal representation for immigrant New Yorkers facing deportation. The
number of removal cases handled by defense attorneys under the Administration’s
Immigrant Opportunity Initiative at OCJ increased tenfold, from 200 in FY2017 to over
2,000 in FY2019, and the City Council-funded New York Immigrant Family Unification
Project (NYIFUP) and the Immigrant Child Advocates’ Relief Effort (ICARE) programs
provided legal representation to thousands more immigrants facing deportation.
• New programs at OCJ provided low-wage workers with employment-related legal
education and assistance in FY2019. Legal services providers supported through the
City’s workplace rights legal services program provided legal representation or advice
in 1,800 employment-related matters in FY2019.
10
Funding for Civil Legal Services for Low-Income
New Yorkers
Civil legal services in New York City are supported by a diverse mix of public and private
funding streams. Although overlapping fiscal years
3
for different levels of government
make it challenging to calculate total funding by year, it is clear that New York City
funding for civil legal services has increased substantially in the past several years (see
Figure 1).
3
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 ran from July 1, 2018 to June 30, 2019).
11
Figure 1: Public Funding for Civil Legal Services Providers in New York City
(in millions), FY2013–FY2020*
*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. Note that these amounts do not include
contracted or projected amounts for Cost of Living Adjustments (COLA); adjustments to indirect cost rates; or
adjustments to address attorney pay parity issues. New York State funding compiled from data supplied by Office of
Court Administration, and public data from the Permanent Commission on Access to Justice and the NY IOLA fund:
(2012, 2014, 2015, 2017, 2018, 2019 IOLA Annual Reports, IOLA Press Release, 2020 – 2021 Grantees, 2016, 2017-
2018 Access to Justice Annual Reports). Retrieved from www.iola.org, http://ww2.nycourts.gov. Federal funding
data taken from Legal Services Corporation Grantee Data, retrieved from http://www.lsc.gov/grants-grantee-
resources/grantee-data.
$12.9
$10.9
$11.1
$11.7 $11.7
$12.6
$12.4
$14.9
$24.9
$33.9
$41.9
$50.6
$58.6
$58.6
$61.2
$67.8
$22.6
$23.1
$45.9
$75.8
$111.5
$142.6
$171.0
$196.8
$60.4
$67.9
$98.9
$138.1
$181.8
$213.8
$244.6
$279.5
$0.0
$50.0
$100.0
$150.0
$200.0
$250.0
$300.0
FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY20
Funding (in millions)
FED TOTAL NYS TOTAL NYC TOTAL
12
New York City Funding for Civil Legal Services
Funding for civil legal services by the City of New York is primarily allocated through
contracts administered by OCJ, encompassing both baselined programs supported
through the Mayoral budget and a range of discretionary grants provided to nonprofit
organizations by members of the City Council. As shown in Figure 2, New York City
invested approximately $196.8 million in civil legal services in FY2020, up from $171.0
million in FY2019, reflecting historic highs in both Mayoral and City Council discretionary
funding for civil legal programs. This year, $151.5 million in Administration funding and
$45.3 million in Council discretionary grants support a range of civil legal services
programs for renters and homeowners, immigrant New Yorkers, low-wage workers,
veterans, survivors of domestic violence, and other New Yorkers in need.
Figure 2: New York City Funding for Civil Legal Services
(in millions), FY2013– FY2020
Source: Data compiled by HRA Office of Civil Justice. Note that these amounts do not include contracted or
projected amounts for Cost of Living Adjustments (COLA); adjustments to indirect cost rates; or adjustments to
address attorney pay parity issues.
$10.9
$10.8
$24.4
$52.2
$83.7
$113.0
$139.7
$151.5
$11.8
$12.3
$21.5
$23.5
$27.8
$29.6
$31.3
$45.3
$0.0
$50.0
$100.0
$150.0
$200.0
$250.0
FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY20
Mayoral City Council
13
Funding increases in FY2020 for civil legal services at OCJ were driven by continued
expansion of access to legal assistance for tenants through OCJ’s implementation of New
York City’s first-in-the-nation “tenant’s right to counsel” law through the Universal Access
program. As described in greater detail later in this Report, Universal Access provides
legal services for tenants facing eviction in New York City Housing Court and New York
City Housing Authority (NYCHA) administrative termination of tenancy hearings.
Administration funding in FY2020 for eviction defense legal assistance and other housing
legal services, including OCJ’s Anti-Harassment and Tenant Protection and other tenant
legal services programs, is approximately $113 million; by comparison, such funding
totaled roughly $6 million in FY2013 before the start of the de Blasio Administration.
Information about legal services for New York City tenants in FY2019 can be found later
in this report.
FY2020 funding also includes over $59 million for legal services programs for immigrant
New Yorkers administered by OCJ and the Mayor’s Office of Immigrant Affairs (MOIA), a
substantial increase from roughly $48 million in FY2019 and more than an eightfold
increase compared to roughly $6.8 million in FY2013. A combination of approximately
$33 million in Administration funding and $26 million in City Council discretionary grants
supports a continuum of free legal services programs for immigrant New Yorkers in
FY2020 that are accessible at community-based organizations and nonprofit law offices,
at city locations such as schools and public hospitals, and at federal immigration court.
New York City is the ultimate city of immigrants, where nearly 60 percent of New Yorkers
share households with at least one immigrant, including over one million New Yorkers
who live in “mixed status” households in which at least one person is undocumented.
4
Immigration-related legal assistance is therefore a crucial component of our civil legal
services. Providing these services, which range from accurate and reliable legal advice
and information to full-fledged legal representation in complex immigration cases such as
removal and asylum, has never been more critical as the Trump Presidency enters its
fourth year. Since 2017, the Trump Administration has introduced changes to
immigration policy, procedure and enforcement that have created a growing and varied
need for legal assistance for noncitizens in New York City, including substantially
increased raids and arrests by federal immigration enforcement authorities of noncitizen
4
Mayor’s Office of Immigrant Affairs 2019 Annual Report, retrieved from https://www1.nyc.gov/site/immigrants/about/research-
evaluations.page.
14
New Yorkers
5
; a policy of family separation at the southern border which led to hundreds
of children separated from their parents and loved ones, placed into federal custody in
New York City and in need of legal services and other forms of assistance; new
restrictions by the Department of Justice on access to asylum for many of the most
vulnerable seeking humanitarian relief; and in January of 2020 the U.S. Supreme Court
cleared the way for the Trump Administration to implement its changes to the “public
charge” rule which expand the federal government’s ability to deny legal status to
immigrants based on the Trump Administration’s assessment of their likelihood of
utilizing public benefits after admission to the U.S.
To meet these challenges, the City has made historic investments in immigration legal
services. These include Administration-funded programs such as ActionNYC, the
Immigrant Opportunity Initiative (IOI) and legal services at OCJ supported by Community
Service Block Grants (CSBG), as well as City Council-funded programs including the New
York Immigrant Family Unity Project (NYIFUP), the Immigrant Child Advocates Relief
Effort (ICARE) and the Citizenship NOW! naturalization assistance program at the City
University of New York (CUNY). Information and data about legal services for immigrant
New Yorkers in FY2019 can be found later in this Report.
In FY2020, additional funding increased accessibility to the City’s ActionNYC hotline,
enabling responsive call-taking during extended night and weekend hours to meet higher
demand. The Administration also funded the Rapid Response Legal Collaborative (RRLC),
a city-state partnership which complements other City-funded legal services by providing
emergency legal assistance to those at imminent risk of deportation who may not have
the right to see an immigration judge or are otherwise facing a fast-track to removal. The
RRLC offers accurate and reliable information and guidance to those targeted in raids by
federal immigration authorities, as well as to their friends and families, through
appropriate referrals to other City-funded programs for legal representation in court.
In addition, in FY2020 OCJ and MOIA have partnered with the New York City Anti-
Violence Project (AVP), a nonprofit organization that provides legal services to the
LGBTQI community, as well as crisis intervention, economic empowerment programs and
community organizing. AVP trains City-funded immigration legal services attorneys and
5
Mayor’s Office of Immigrant Affairs Fact Sheet: ICE Enforcement in New York City, Updated January 2020, retrieved from
https://www1.nyc.gov/assets/immigrants/downloads/pdf/enforcement-factsheet-2020-01-22.pdf.
15
pro bono counsel, to expand knowledge, expertise and capacity in the field through
trainings in immigration legal issues faced by transgender and gender non-conforming
and non-binary (TGNC) clients. Trainings on both cultural and technical competency are
especially important in the increasingly complex legal landscape faced by TGNC
noncitizens, many of whom have experienced acute trauma and discrimination both in
their home countries and in the United States.
OCJ has also overseen expansions in access to legal services in other areas of need in
FY2020. A combined $2.5 million investment by the Administration and the City Council
in FY2020 supports expanded access to free legal advice and representation for workers
in employment-related cases. This legal work ranges from advocacy regarding employee
rights and worker exploitation to lawsuits to recover unpaid wages and overtime pay,
unemployment insurance, family and medical leave, unlawful discrimination and
employer retaliation. In this initiative, a group of large and small nonprofit legal services
and workers’ advocacy organizations is providing legal representation and advice to low-
and moderate-income working New Yorkers and conducts outreach and community-
based education programs for workers regarding their rights in the workplace, and the
availability of free legal assistance. This initiative is examined in greater detail later in this
report.
OCJ also administers the City Council-funded Safe Alternatives to Violent Encounters
(SAVE) community-based legal services program, which provides direct legal
representation and advice to survivors of domestic violence in cases involving family law
issues such as divorce, separation, custody and visitation, child and spousal support, and
orders of protection. As in FY2019, this program is funded at $850,000 in FY2020, up
from $350,000 in FY2018. FY2020 also saw increases in other Council-funded programs
administered by OCJ, including the Legal Services for Veterans and Legal Services for Low-
Income New Yorkers programs.
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.
16
Total annual Judiciary and IOLA funds for civil legal services granted to providers in New
York City has increased from approximately $24.9 million in State Fiscal Year 2013 to
approximately $67.8 million in State Fiscal Year 2020 (see Table 1), a result of increased
investments in civil legal services through the State Judiciary budget in efforts led by
Chief Judge Janet DiFiore and former Chief Judge Jonathan Lippman and supported by
the New York State Permanent Commission on Access to Justice.
Table 1: New York State Judiciary Funding Awarded to Civil Legal Service Providers
in New York City, FY2013–FY2020 (in millions)
FY13
FY14
FY15
FY16
FY17
FY18
FY19
FY20
JCLS
$14.1
$21.3
$29.3
$37.3
$47.4
$47.4
$47.4
$47.4
IOLA*
$10.8
$12.5
$12.5
$13.2
$13.2
$13.8
$13.8
$20.4
Total**
$24.9
$33.9
$41.9
$50.6
$60.6
$61.2
$61.2
$67.8
*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 FY2020, 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 public data
from the Permanent Commission on Access to Justice and the NY IOLA fund: (2012, 2014, 2015, 2017, 2018 IOLA
Annual Reports, IOLA Press Release, 2020 – 2021 Grantees, 2016, 2017-2018 Access to Justice Annual Reports).
Retrieved from www.iola.org, http://ww2.nycourts.gov.
OCA’s Judiciary Civil Legal Services (JCLS) Grants
JCLS grants support assistance for low-income residents with civil legal matters involving
four “essentials of life” categories: housing, family matters, subsistence income, and
access to health care and education. These grants to nonprofit legal services
organizations 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
providers more than tripled between State Fiscal Years 2013 and 2017, from $14.1
million to $47.4 million. (see Table 1, above).
17
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.
6
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. IOLA funding for New York City-
based legal services organizations substantially increased in State Fiscal Year 2020 to
$20.4 million, up from the $13.8 million annual allocations in State Fiscal Years 2018 and
2019.
7
Other State Initiatives
The New York State Office for New Americans (ONA) is funded to support community-
based Opportunity Centers across New York State to provide services, including legal
consultation, naturalization assistance, community workshops, and civics education
statewide. Support for ONA has included the Liberty Defense Project (LDP), a regional
rapid response program intended to provide immigration legal assistance and direct
representation in response to emergent situations involving ICE raids and arrests.
6
A list of current JCLS grantee organizations is included at Appendix 1.
7
A list of New York City-based IOLA grantees for FY2020-21 is included at Appendix 2.
18
Funding for LDP was renewed $10 million for State FY2021. ONA funding has also
supported the upstate New York Immigrant Family Unity Project (NYIFUP). Modeled on
New York City’s innovative NYIFUP deportation defense program for low-income
immigrants facing removal in downstate immigration courts, NYIFUP upstate provides
legal representation to individuals facing removal in upstate immigration courts.
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. Grantees serve clients
whose household income is at or below 125 percent of the Federal Poverty Guidelines.
The sole recipient of such funding in New York City is Legal Services NYC (LSNYC).
Although LSC funding awarded in the New York City service area through its Basic Field
Grant program has declined over the past two decades, funding increased in Federal
Fiscal Year 2020 to $13.3 million.
However, as in previous years since the Trump Administration began in 2017, the White
House’s proposed budget once again seeks to eliminate the LSC and its federal funding
8
,
and LSC funding for New York City remains significantly lower than its Federal Fiscal Year
2010 level of $17.6 million.
9
8
A Budget for America’s Future (Fiscal Year 2021), retrieved from https://www.whitehouse.gov/wp-content/uploads/2020/02/msar_fy21.pdf.
9
LSC grantee funding data retrieved from https://www.lsc.gov/grants-grantee-resources/grantee-data/grantee-funding. See also Congress OKs
$25M increase for Legal Services Corporation, retrieved from https://www.americanbar.org/news/abanews/aba-news-archives/2019/12/lsc-
funding-increase/; and LSC Submits 2021 Budget as White House Again Calls for Defunding, retrieved from https://www.lsc.gov/media-
center/press-releases/2020/lsc-submits-2021-budget-white-house-again-calls-defunding.
19
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, part of a prevention-first approach to combatting poverty, reducing
income inequality, and addressing homelessness.
By the close of FY2019, more than 350,000 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 in 2014 through tenant legal services programs
administered by HRA. In FY2019 alone, OCJ-funded legal organizations provided legal
assistance to approximately 105,000 New Yorkers in approximately 41,000 households
across New York City facing housing challenges including eviction, disrepair, landlord
harassment and other threats to their tenancies. As detailed in Figure 3 below, the
number of New York City households assisted in FY2019 was 24.3 percent higher than
the year before – and was more than four times the number assisted in FY2015.
Figure 3: New York City Households and Individuals Receiving Administration-
Funded Housing Legal Assistance, FY2014−FY2019
Source: OCJ Administrative Data.
In FY2020, funding for tenant legal services includes $113.0 million to support OCJ’s legal
services programs for tenants which include eviction defense legal services, as well as
3,557
9,079
14,972
23,638
33,058
41,094
12,736
31,620
46,838
67,745
87,419
105,045
-
20,000
40,000
60,000
80,000
100,000
120,000
FY 2014 (starting
January 1)
FY 2015 FY 2016 FY 2017 FY 2018 FY 2019
Households Assisted Individuals Assisted
20
legal assistance targeting the harassment and displacement of low-income tenants by
unscrupulous landlords through OCJ’s Anti-Harassment and Tenant Protection program.
The centerpiece of OCJ’s tenant legal services programs is Universal Access, OCJ’s
implementation of New York City’s historic “tenant’s right to counsel” law. The law,
enacted in August of 2017, mandates that the City provide access to legal services for
every tenant facing eviction in New York City Housing Court and at administrative
proceedings at the New York City Housing Authority (NYCHA), with full legal
representation available to households at or below 200 percent of Federal Poverty
Guidelines
10
and brief legal assistance to those earning more. This initiative is a key
component of OCJ’s efforts to close the “justice gap” for New Yorkers facing eviction and
housing instability and is the United States’ first and largest program to provide legal
services to all tenants facing eviction in court. Expanding access to legal services for
tenants promotes a fair and equitable justice system, particularly in the City’s Housing
Courts where tenants under threat of eviction have long faced an uneven playing field
where the vast majority of landlords have been represented by legal counsel but most
tenants have not.
Universal Access’ first full year of implementation was FY2018. More than two years
later, the landscape for access to justice for tenants, in New York City and elsewhere, has
been transformed. Since New York City’s enactment of Universal Access, Newark, New
Jersey, San Francisco, California, Philadelphia, Pennsylvania, Cleveland, Ohio and Santa
Monica, California have enacted “tenant’s right to counsel” legislation modeled on New
York City’s law, and other cities including Boston, Massachusetts, Los Angeles, California
and Washington, DC are exploring their own tenant legal services initiatives.
In New York City, there has been substantial progress in bridging the “justice gap” for
tenants facing potential eviction in court and displacement from their homes and
neighborhoods. As detailed in Table 2 below, OCJ-funded legal organizations provided
legal assistance to over 41,000 households across New York City facing housing
challenges, comprising over 105,000 tenants and their household members. This
includes approximately 32,000 households facing eviction in Housing Court and NYCHA
administrative proceedings that received legal services in their cases in FY2019 through
10
Annual Update of the HHS Poverty Guidelines, retrieved from https://www.federalregister.gov/documents/2020/01/17/2020-00858/annual-
update-of-the-hhs-poverty-guidelines.
21
OCJ’s tenant legal services programs, representing 84,000 New Yorkers who were able to
face the threat of eviction with the assistance of eviction defense legal services provided
by more than a dozen nonprofit organizations contracted by OCJ, ranging from large
citywide legal services providers to smaller borough- and community-based groups.
11
Table 2: New York City Households Receiving Administration-Funded Housing Legal
Services in FY2019
Eviction Proceedings
(Housing Court and NYCHA
Administrative Proceedings)
Other Housing Legal Matters
Total
Households
Individuals
Households
Individuals
Households
Individuals
NYC
32,436
84,095
8,658
20,950
41,094
105,045
Bronx
10,959
29,683
3,042
7,595
14,001
37,278
Brooklyn
10,199
25,877
2,803
6,626
13,002
32,503
Manhattan
5,184
11,380
2,063
4,711
7,247
16,091
Queens
4,626
13,020
650
1,786
5,276
14,806
Staten Island
1,468
4,135
100
232
1,568
4,367
Source: OCJ Administrative Data.
In Housing Court, the longstanding dynamic that left so many tenants unrepresented by
counsel has been steadily changing as OCJ has proceeded with implementation of
Universal Access. As OCJ reported in November 2019 in the second annual progress
report on Universal Access implementation
12
, the legal representation rate for New York
11
A list of participating legal services providers in OCJ’s legal services programs for tenants is included at Appendices 3-5.
12
Universal Access to Legal Services: A Report on Year Two of Implementation in New York City, retrieved at
https://www1.nyc.gov/assets/hra/downloads/pdf/services/civiljustice/OCJ_UA_Annual_Report_2019.pdf.
22
City tenants appearing in Housing Court to face eviction cases was 32.5 percent in the
last quarter of FY2019.
The prevalence of legal counsel for tenants and rates of legal representation in such
cases continued to climb in FY2020; in the first half of the fiscal year, about four out of
every ten tenants appearing in court to face an eviction proceeding did so with the
assistance of legal representation. As detailed in Figure 4 below, in the first half of
FY2020, 37.8 percent of tenants who appeared in Housing Court for eviction cases were
represented by attorneys in court. In each of the five boroughs, the rates of legal
representation increased compared to the end of FY2019, with 54.5 percent of tenants
represented in Staten Island (up from 48.5 percent), 40.8 percent in Manhattan (up from
34.1 percent), 40.0 percent in Brooklyn (up from 34.9 percent), 37.2 percent in Queens
(up from 31.6 percent), and 33.6 percent in the Bronx (up from 28.9 percent). These
rates reflect a substantial increase in the availability of legal representation for New York
City tenants compared to 2013, when the citywide representation rate was 1 percent as
reported by the State Office of Court Administration.
OCJ is establishing Universal Access through implementation by ZIP code, identifying and
focusing first on neighborhoods across New York City where eviction and displacement
risks and pressures are acute, and this rollout is now underway. Currently, all low-income
tenants facing eviction proceedings in Housing Court in ZIP codes targeted to receive
Universal Access have access to free full legal representation. This “ZIP-by-ZIP” approach
has enabled OCJ to partner with the New York City Housing Court and legal services
providers to make free legal services accessible in court as well as in the community,
which has led to a substantial impact in these communities in need.
13
In the first half of FY2020, the overall rate of legal representation for tenants in the
Universal Access ZIP codes was 66.9 percent – two of every three tenants facing eviction
in court - up about 8 percent from 61.8 percent in the last quarter of FY2019. Where
Universal Access has been implemented, most tenants in those neighborhoods have
been represented, with 74.7 percent of tenants facing eviction represented in Staten
Island, 74.3 percent in Manhattan, 68.5 percent in Queens, 65.7 percent in Brooklyn, and
63.3 percent in the Bronx. Representation rates increased in every borough compared to
13
A list of Universal Access ZIP codes in FY2020 is included at Appendix 6.
23
the last quarter of FY2019. In December 2019, Universal Access was expanded to include
a total of 25 ZIP codes across the city.
Figure 4: Legal Representation
14
for Tenants Appearing in Housing Court in Eviction
Proceedings, July 1, 2019 – December 31, 2019
Sources: NYS Office of Court Administration data as analyzed by OCJ; OCJ Administrative Data.
14
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. More detailed information may
be found in Universal Access to Legal Services: A Report on Year Two of Implementation in New York City, retrieved from
https://www1.nyc.gov/assets/hra/downloads/pdf/services/civiljustice/OCJ_UA_Annual_Report_2019.pdf.
37.8%
66.9%
33.6%
63.3%
40.0%
65.7%
40.8%
74.3%
37.2%
68.5%
54.4%
74.7%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
80.0%
90.0%
100.0%
NYC NYC Bronx Bronx Brooklyn Brooklyn ManhattanManhattan Queens Queens Staten
Island
Staten
Island
Citywide UA Zips Boroughwide UA Zips Boroughwide UA Zips Boroughwide UA Zips Boroughwide UA Zips Boroughwide UA Zips
24
OCJ has also begun implementation of Universal Access legal services for tenants in
NYCHA public housing facing administrative termination of tenancy proceedings. OCJ
worked with legal provider partners and NYCHA to launch a program model in July of
2019 to provide comprehensive access to legal services for NYCHA tenants facing
termination of tenancy proceedings. For the first phase of implementation, OCJ and
partner legal services providers from across the city are providing access to legal services
on site where NYCHA administers termination proceedings for all heads of NYCHA
households who are seniors and who are facing termination of their tenancies. OCJ’s
work with providers and NYCHA on this operational approach continues, and the
program is expected to serve as a model for expansion for all NYCHA tenants facing
termination of tenancy as Universal Access implementation continues.
In addition, OCJ partnered with the court system to establish a telephone hotline that is
included on the New York City Housing Court’s revised “plain language” required form for
the Notice of Petition for summary eviction proceedings.
15
The revised notice, launched
in September 2019 as part of one of several reforms recommended by the Chief Judge’s
Special Commission on the Future of New York City Housing Court, is the first thing a
tenant sees in every eviction case properly filed in New York City Housing Court. The
revised Notice of Petition includes information that is expected to guide and encourage
tenants to access OCJ’s legal services and enable eligible tenants to connect with free
counsel as quickly as possible.
Impact of OCJ’s Eviction Defense Legal Services
Outcomes Achieved
In most cases resolved in FY2019, OCJ legal services providers obtained outcomes that
enabled their clients to remain in their residences. 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
15
These may be found on the New York City Housing Court’s website, retrieved from
http://www.nycourts.gov/COURTS/nyc/housing/forms.shtml#startingacase.
25
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, FY2019
Source: OCJ Administrative Data.
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
calendar year 2019, there were 16,996 residential evictions by marshals, a 41.1 percent
decrease compared to 2013, when there were 28,849 such evictions.
As detailed in Table 3 below, 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 2019 (from 4,525 to 2,290 a
decrease of 49.4 percent), while the other boroughs have also seen dramatic drops in
16%
84%
Tenant Required to Leave Tenant Allowed to Remain
26
evictions (the Bronx, by 42.6 percent; Brooklyn, by 41.0 percent; Staten Island, by 37.5
percent; Queens, by 31.1 percent).
Table 3: Residential Evictions Conducted by New York City Marshals, 2013–2019
2013
2014
2015
2016
2017
2018
2019
% change
2013 -
2019
NYC
28,849
26,857
21,988
22,089
21,074
20,013
16,996
-41.1
Bronx
10,194
9,580
7,401
7,667
7,438
6,856
5,855
-42.6
Brooklyn
8,313
7,908
7,033
6,476
5,984
5,710
4,902
-41.0
Manhattan
4,525
3,933
2,898
2,907
2,843
2,713
2,290
-49.4
Queens
4,862
4,542
3,939
4,290
4,105
4,072
3,352
-31.1
Staten Island
955
894
717
749
704
662
597
-37.5
Source: NYC Department of Investigation, retrieved from New York City Housing Court at
https://www.nycourts.gov/COURTS/nyc/housing/statistics.shtml
16
.
Eviction Cases Filed and Activity in Housing Court
Data provided by the New York City Housing Court show trends across a range of
indicators, as reflected in Tables 4 through 9 below. The number of eviction cases filed
annually in New York City, which as of 2018 had fallen to approximately 218,000
(reflecting a citywide drop of approximately 12 percent compared to 2013), fell even
further in 2019, to roughly 171,500. Overall, the number of eviction cases filed fell by
over 75,000 cases, or 30.5 percent, from 2013 to 2019, with substantial declines being
seen in every borough (ranging from a 23.5 percent decrease in Staten Island to a 36.4
percent decrease in Manhattan). The majority of this decline has been seen in a
reduction in the number of nonpayment eviction proceedings filed, which fell by 33.5
percent from 2013 to 2019. Holdover eviction proceedings declined by 7.5 percent
16
Late in FY2019, the New York City Department of Investigation (DOI) revised their “Summary of Evictions, Possessions & Ejectments
Conducted” report for calendar year 2018 to reflect changes in the number of residential evictions and possessions conducted by marshals in
2018, and to correct the previous 2018 report issued by DOI in January of 2019. At the time of publication of this report, the corrected data from
DOI is accessible online via the New York City Housing Court website at http://nycourts.gov/COURTS/nyc/SSI/statistics/Stats_2018SEPEC.pdf.
OCJ’s report and all references herein to the number of residential evictions are based on DOI’s reports.
27
citywide during the same six-year period, although borough-specific trends ranged from
declines in Manhattan (down 23.8 percent) Brooklyn (down 21.1 percent) and Queens
(down 7.5 percent), to increases in the Bronx (up 35.1 percent) and Staten Island (up 10.4
percent). In the last year, however, the trends were more consistent; holdover eviction
proceedings declined citywide by 10.1 percent in 2019 compared to 2018, reflecting
declines in the number of holdovers filed in every borough last year compared to the
year before.
OCJ’s analysis of recent trends suggests that, as implementation of the “tenant’s right to
counsel” law has progressed, more substantive litigation has occurred in the earlier, pre-
judgment stage of eviction case processing at Housing Court, 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. As
reflected in Table 8 below, the number of pretrial motions filed in Housing Court has
grown from roughly 21,000 in 2013 to nearly 24,000 in 2019, an increase of
approximately 11.8 percent citywide, with borough trends ranging from increases in
Staten Island (more than doubling at 142.5 percent), the Bronx (41.7 percent) and
Brooklyn (8.8 percent) to declines in Manhattan (9.2 percent) and Queens (5.1 percent).
The trend in emergency orders to show cause over the same period saw an even more
dramatic change; so-called “OSCs” dropped by over 38 percent from 2013 to 2019,
meaning that there were approximately 78,500 fewer of these emergency requests made
in the Housing Court last year than in 2013, as detailed in Table 9.
Court administrators have emphasized these increases in efficiency in the court, as
exemplified at a New York City Council hearing in February of 2020 in the remarks of the
Honorable Anthony Cannataro, Administrative Judge of the Civil Court of the City of New
York (which includes Housing Court). Judge Cannataro testified that although the
Housing Court has long faced “extremely high case volumes, tight timelines, and the
challenges inherent in adjudicating cases involving an essential of life – safe, affordable
housing – within the framework of a complicated set of state and local rent regulations,”
he observed that “the introduction in August 2017 of the right to counsel program known
as Universal Access … had a positive impact with respect to all of these operational
challenges….The availability of lawyers for tenants in Housing cases makes it possible for
28
our Court to focus on what it does best: resolve substantive legal disputes presented by
competent attorneys without the need for judges to take on an advocacy role in order to
reach just outcomes….Not only does the right to counsel free our Housing Court judges
to focus on the substantive merits of cases, it helps them do so more efficiently. Since the
introduction of a right to counsel program, default judgements in the Housing Court have
dropped from 35,130 in 2016 to 23,146 in 2019, a 34% decrease. This is in conjunction
with a rise in the number of substantive motions, such as motions to dismiss or summary
judgment motions. These statistics demonstrate a shift from a focus on procedural
mishaps to substantive legal issues.”
17
Table 4: Eviction Petitions Filed in New York City Housing Court, 2013-2019
2013
2014
2015
2016
2017
2018
2019
% change
2013-19
% change
2018-19
NYC
246,864
237,639
234,270
233,884
230,071
217,714
171,539
-30.5
-21.2
Bronx
83,006
84,670
85,503
85,957
86,035
78,183
62,316
-24.9
-20.3
Brooklyn
69,812
67,659
63,037
62,488
61,048
59,519
47,478
-32.0
-20.2
Manhattan*
51,446
44,357
44,905
46,664
45,520
43,713
32,696
-36.4
-25.2
Queens
37,441
35,924
35,918
33,930
32,692
31,207
25,102
-33.0
-19.6
Staten Island
5,159
5,029
4,907
4,845
4,845
5,092
3,947
-23.5
-22.5
*Includes cases filed in Manhattan Housing Court (New York County) and Harlem Community Justice Center.
17
Testimony of the Honorable Anthony Cannataro before the New York City Council hearing “Implementation and Expansion of Right to Counsel
in Housing Court” (February 24, 2020). Retrieved from https://legistar.council.nyc.gov/LegislationDetail.aspx?ID=4319555&GUID=46E6E5B4-
9DB7-4082-8587-1BF1EAF46D5A&Options=&Search=.
29
Table 5: Non-Payment Eviction Petitions Filed in New York City Housing Court,
2013-2019
2013
2014
2015
2016
2017
2018
2019
% change
2013-2019
% change
2018-2019
NYC
218,400
208,158
203,119
202,300
201,441
188,435
145,210
-33.5
-22.9
Bronx
78,111
79,694
79,778
79,464
80,637
71,491
55,704
-28.7
-22.1
Brooklyn
59,323
56,254
51,709
51,623
50,983
50,016
39,199
-33.9
-21.6
Manhattan *
46,406
39,747
40,270
41,646
41,197
39,486
28,857
-37.8
-26.9
Queens
30,285
28,322
27,498
25,836
24,908
23,627
18,481
-39.0
-21.8
Staten Island
4,275
4,141
3,864
3,731
3,716
3,815
2,971
-30.5
-22.1
*Includes cases filed in Manhattan Housing Court (New York County) and Harlem Community Justice Center.
Table 6: Holdover Eviction Petitions Filed in New York City Housing Court, 2013-
2019
*Includes cases filed in Manhattan Housing Court (New York County) and Harlem Community Justice Center.
2013
2014
2015
2016
2017
2018
2019
% change
2013-2019
% change
2018-2019
NYC
28,464
29,481
31,151
31,584
28,630
29,279
26,329
-7.5
-10.1
Bronx
4,895
4,976
5,725
6,493
5,398
6,692
6,612
35.1
-1.2
Brooklyn
10,489
11,405
11,328
10,865
10,065
9,503
8,279
-21.1
-12.9
Manhattan
5,040
4,610
4,635
5,018
4,323
4,227
3,841
-23.8
-9.1
Queens
7,156
7,602
8,420
8,094
7,784
7,580
6,621
-7.5
-12.7
Staten Island
884
888
1,043
1,114
1,060
1,277
976
10.4
-23.6
30
Table 7: Warrants of Eviction Issued in New York City Housing Court, 2013-2019
2013
2014
2015
2016
2017
2018
2019
% change
2013-2019
% change
2018-19
NYC
132,734
116,059
111,666
113,654
94,214
96,452
78,468
-40.9
-18.6
Bronx
49,197
46,432
42,287
48,420
34,215
35,454
30,070
-38.9
-15.2
Brooklyn
34,884
31,670
32,770
29,979
28,580
27,348
22,796
-34.7
-16.6
Manhattan
22,505
16,994
15,078
16,968
13,163
15,122
11,594
-48.5
-23.3
Queens
23,325
18,204
19,220
15,682
15,986
16,010
11,966
-48.7
-25.3
Staten Island
2,823
2,759
2,311
2,605
2,270
2,518
2,042
-27.7
-18.9
*Includes cases filed in Manhattan Housing Court (New York County) and Harlem Community Justice Center.
Table 8: Pretrial Motions Filed in New York City Housing Court, 2014-2019
2014
2015
2016
2017
2018
2019
% change
2014-19
% change
2018-19
NYC
21,263
21,973
25,247
24,678
25,225
23,770
11.8
-5.8
Bronx
5,528
5,959
7,885
7,156
7,712
7,834
41.7
1.6
Brooklyn
6,668
6,929
7,244
7,246
7,818
7,258
8.8
-7.2
Manhattan
6,142
6,139
6,815
6,793
6,279
5,577
-9.2
-11.2
Queens
2,704
2,540
2,859
3,017
2,830
2,565
-5.1
-9.4
Staten Island
221
406
444
466
586
536
142.5
-8.5
31
Table 9: Emergency Orders to Show Cause Filed in New York City Housing Court,
2014-2019
2014
2015
2016
2017
2018
2019
% change
2014-19
% change
2018-19
NYC
205,398
173,023
169,775
171,356
156,792
126,910
-38.2
-19.1
Bronx
95,834
79,827
81,011
81,326
71,410
56,298
-41.3
-21.2
Brooklyn
52,089
44,398
40,395
40,728
38,696
33,595
-35.5
-13.2
Manhattan
30,906
25,909
25,253
25,694
24,322
18,909
-38.8
-22.3
Queens
21,187
19,416
18,873
15,284
18,428
14,758
-30.3
-19.9
Staten Island
5,382
4,013
4,243
4,324
3,936
3,350
-37.8
-14.9
Sources: Data reported by New York City Civil Court, Statistical Reports of Activity of L & T Clerk’s Office, ST30; data
provided by New York City Housing Court.
32
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 by borrowers as loan collateral.
Foreclosure filings across New York City have been on the decline in New York City since
2014, dropping by nearly half from more than 10,000 cases filed in 2013 to
approximately 5,700 in 2018,
18
as detailed in Table 10 below. New foreclosure filings
declined by 7.6 percent in New York City over 2018; although in filings rose in Manhattan,
the borough accounted for less than 5 percent of foreclosure filings citywide. The
number of pending foreclosure cases in court at the end of each calendar year has
likewise declined between 2013 and 2018, as detailed in Table 11.
Table 10: Foreclosure Filings in New York City, 2013-2018
2013
2014
2015
2016
2017
2018
% change
2013-2018
% change
2017-18
NYC
10,643
11,409
9,618
7,819
6,128
5,660
-46.8
-7.6
Bronx
1,882
1,651
1,384
1,155
888
771
-59.0
-13.2
Brooklyn
2,792
3,749
3,175
2,560
2,153
1,997
-28.5
-7.2
Manhattan
374
380
314
229
229
253
-32.4
10.5
Queens
4,043
4,041
3,428
2,849
2,006
1,906
-52.9
-5.0
Staten Island
1,552
1,588
1,317
1,026
852
733
-52.8
-14.0
18
This report includes the most recent data from the Office of Court Administration available for presentation of comparable trends in
foreclosure cases in New York State and New York City.
33
Table 11: Foreclosure Cases Pending in New York City, 2013-2018
2013
2014
2015
2016
2017
2018
% change
2013-2018
% change
2017-2018
NYC
31,016
28,914
28,215
22,355
16,379
13,741
-55.7
-16.1
Bronx
4,515
4,925
4,724
4,112
2,453
1,678
-62.8
-31.6
Brooklyn
11,554
11,110
11,622
9,570
7,184
6,169
-46.6
-14.1
Manhattan
907
807
727
470
438
519
-42.8
18.5
Queens
12,454
10,692
10,011
7,460
5,571
4,467
-64.1
-19.0
Staten Island
1,586
1,380
1,131
743
733
908
-42.7
23.9
Source: New York State Office of Court Administration.
The New York State Office of Court Administration reports that during the court’s 2018
term,
19
58 percent of New York State homeowners appearing for foreclosure settlement
conferences did so with counsel,
20
a marked increase over the reported legal
representation rate of 33 percent in 2011, but a decrease from the rate in 2017 of 62
percent.
21
In New York City, the legal representation rate for homeowners facing
foreclosure was 46.2 percent in 2018, down slightly from the 2017 rate of 48.4 percent.
Representation rates continue to vary by borough, ranging from Queens where
homeowners were represented by counsel in 57.3 percent of cases, to Staten Island
where 32.2 percent of homeowners facing foreclosure had counsel.
19
October 10, 2017 to October 8, 2018.
20
2018 Report of the Chief Administrator of the Courts on the Status of Foreclosures 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/2018-12/18_Foreclosure-
Annual_Report.pdf.
21
2017 Report of the Chief Administrator of the Courts on the Status of Foreclosures Pursuant to Chapter 507 of the Laws of 2009. Retrieved at
http://ww2.nycourts.gov/sites/default/files/document/files/2018-07/ForeclosureAnnualReport2017.pdf.
34
Figure 6: Foreclosure Settlement Conferences Appearances in New York City:
Representation Rates, 2013–2018
Source: New York State Office of Court Administration
Legal services to assist homeowners in foreclosure in New York State have been funded
primarily by the Homeowner Protection Program (HOPP), an initiative funded and
administered by the State Attorney General in the wake of the foreclosure crisis which
provides housing counseling and legal assistance to New York State homeowners at risk
of foreclosure. 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. Statewide, HOPP was funded at $20
million in both FY2020 and FY2021.
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
80.0%
90.0%
100.0%
2013 2014 2015 2016 2017 2018
Bronx Brooklyn Manhattan Queens Staten Island NYC
35
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.
22
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 New York City, immigrants are served by several 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 entry points 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
22
In previous reports, OCJ has analyzed various aspects of immigration court based on data retrieved through the Transactional Records Access
Clearinghouse (TRAC), based at Syracuse University. TRAC has been regarded as a reliable source of information on immigration courts, which it
receives from the U.S. Department of Justice’s Executive Office for Immigration Review (EOIR). Last year, OCJ reported on deportation
proceedings in New York City, focusing on the rising number of deportation cases being processed and heard in New York City immigration
courts, its impact on New York City residents, and the number of immigrants who face removal with the assistance of legal counsel (see NYC
Office of Civil Justice 2018 Annual Report, retrieved from
https://www1.nyc.gov/assets/hra/downloads/pdf/services/civiljustice/OCJ_Annual_Report_2018.pdf). In late 2019, TRAC published a report that
raised questions about the completeness and accuracy of its own data, due to concerns about its source at EOIR, citing “gross irregularities” and
“serious inconsistencies” in EOIR’s immigration court case data releases (Incomplete and Garbled Immigration Court Data Suggest Lack of
Commitment to Accuracy, retrieved from https://trac.syr.edu/immigration/reports/580/). This assessment was echoed by the National
Association of Immigration Judges (NAIJ), the labor union representing immigration judges, which stated that “[t]he concerns raised by TRAC
researchers confirm the experience of our judges, who find time and again that DOJ’s recent data does not match the reality we see in our
courtrooms (see Statement by Hon. Ashley Tabaddor, President of Judges’ Union (NAIJ), on Revelation of “Gross Irregularities” in DOJ Immigration
Data, retrieved from https://www.naij-usa.org/images/uploads/newsroom/NAIJ_Press_Release_2019.11.07.pdf). In response, EOIR has asserted
that its data releases are accurate and up-to-date and that any records missing from its response to TRAC’s requests were permissibly withheld
(see articles at https://www.law360.com/articles/1215854/doj-accused-of-wiping-nearly-1-million-immigration-records and
https://www.law360.com/articles/1216112/missing-records-suggest-strained-immigration-courts). As of the time of this report, questions about
the reliability of immigration court data available through TRAC remain unsettled.
36
(CUNY), has provided free, safe and high-quality immigration legal services across the five
boroughs. Through its citywide hotline, centralized appointment making 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, renewals of Lawful Permanent Resident (LPR)
status and Temporary Protected Status (TPS) as well as in more complex cases such as
requests for Special Immigrant Juvenile Status (SIJS) and U visa applications, 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.
23
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. Together, the Administration and
Council IOI program provided legal assistance in over 15,000 cases in FY2019; an analysis
of Mayoral IOI in FY2019 appears later in this report.
24
23
A list of ActionNYC providers is included at Appendix 7.
24
A list of IOI providers is included at Appendix 8.
37
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 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.
New York Immigrant Family Unity Project (NYIFUP)
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 1,500 individuals facing removal in FY2019.
25
Immigrant Child Advocates' Relief Effort (ICARE)/Unaccompanied Minors and
Families Initiative (UMFI)
Established in 2014 through a public-private partnership of the City Council, the New
York Community Trust, and the Robin Hood Foundation, ICARE/UMFI provides legal and
25
A list of NYIFUP providers is included at Appendix 9.
38
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 2,650 immigrants facing removal in FY2019.
26
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.
27
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
26
A list of ICARE/UMFI providers is included at Appendix 10.
27
A list of legal services providers in CSBG-funded programs is included at Appendix 11.
39
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 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 and experience providing immigration
legal services are partnering with local community-based groups serving immigrant
populations to 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.
28
Administration-Funded Immigration Legal Services in FY2019
The following tables present an analysis of FY2019 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:
• Administration-funded legal programs served immigrant New Yorkers in over 25,000
cases in FY2019, up 40.8 percent from FY2018 and up 72.1 percent from FY2017,
28
A list of program providers is included at Appendix 12.
40
before substantial investments by the Administration in expanding legal assistance for
immigrant New Yorkers.
• Since FY2017, the number of immigration cases handled by legal providers through
the Administration’s IOI program has more than doubled. Legal representation in
deportation cases increased tenfold over the period as expanded Administration
investments in removal defense legal services through IOI have been realized in the
field; in FY2019, IOI providers assisted clients in approximately 2,100 removal defense
cases, accounting for nearly one-quarter of all legal representation cases handled by
the program.
• Mayoral immigration legal service programs assisted young immigrant New Yorkers
age 21 or younger in nearly 5,000 cases in FY2019, counting for about one-fifth of all
matters and increasing by more than double since FY2017.
29
• Administration-funded legal services providers continued to assist immigrants from all
over the world, including from over 180 countries in FY2019. As in past years, the
largest number of cases involved clients from Mexico and the Dominican Republic.
The biggest gains were in cases involving immigrants from China, a number which
nearly tripled from FY2017
30
to FY2019, increasing by 172.3 percent over the last two
years.
29
Analysis of Mayoral immigration legal services program data for FY2017 may be found in the NYC Office of Civil Justice 2017 Annual Report and
Strategic Plan, retrieved from https://www1.nyc.gov/assets/hra/downloads/pdf/services/civiljustice/OCJ_Annual_Report_2017.pdf.
30
Analysis of Mayoral immigration legal services program data for FY2017 may be found in the NYC Office of Civil Justice 2017 Annual Report and
Strategic Plan, retrieved from https://www1.nyc.gov/assets/hra/downloads/pdf/services/civiljustice/OCJ_Annual_Report_2017.pdf.
41
The tables below present this analysis in greater detail.
Table 12: Legal Services Cases Handled through Mayoral Immigration Programs,
FY2019
Sources: OCJ and MOIA Administrative Data.
Table 13: Applications to USCIS for Immigration Status Filed through Mayoral
Immigration Programs, FY2019
Applications Filed with USCIS
8,068
Applications Decided by USCIS
3,983
Applications Granted by USCIS
3,830
Applications Denied/Other by USCIS
153
Sources: OCJ and MOIA Administrative Data
Program
#
%
ActionNYC
11,274
44.6
Mayoral IOI
12,044
47.6
CSBG-Funded
1,979
7.8
Total
25,297
100.0
42
Table 14: Client’s Borough of Residence in Legal Services Cases (Mayoral IOI and
CSBG-Funded)*, FY2019
#
%
New York City
13,916
100.0
Bronx
3,070
22.1
Brooklyn
3,846
27.6
Manhattan
1,930
13.9
Queens
4,293
30.8
Staten Island
777
5.6
*Excludes cases in which borough of residence is unknown.
Source: OCJ Administrative Data.
Table 15: Client’s Age Group in Legal Services Cases in Mayoral Immigration
Programs,FY2019*
#
%
21 or younger
4,897
19.4
22 to 34
6,279
24.8
35 to 44
4,993
19.7
45 to 54
3,928
15.5
55 to 64
2,970
11.7
65 +
2,109
8.3
*Excludes cases where age is unknown.
Sources: OCJ and MOIA Administrative Data.
43
Table 16: Client’s Country of Origin in Legal Services Cases in Mayoral Immigration
Programs, FY2019
#
%
Mexico
3,582
14.2
Dominican Republic
2,985
11.8
Honduras
1,936
7.7
Ecuador
1,737
6.9
Guatemala
1,234
4.9
Jamaica
1,224
4.8
Colombia
1,047
4.1
El Salvador
893
3.5
Haiti
791
3.1
China
757
3.0
Trinidad and Tobago
485
1.9
Guyana
463
1.8
Venezuela
414
1.6
Peru
361
1.4
Pakistan
295
1.2
Nigeria
277
1.1
Russia
241
1.0
Bangladesh
235
0.9
Egypt
222
0.9
Guinea
218
0.9
Other
5,900
23.3
Total
25,297
100.0
Sources: OCJ and MOIA Administrative Data
44
Table 17: Client’s Region of Origin in Legal Services Cases in Mayoral Immigration
Programs, FY2019*
#
%
Africa
2,054
8.1
Asia
2,287
9.0
Caribbean Islands
6,157
24.3
Central America
4,371
17.3
Europe
832
3.3
Middle East
290
1.1
North America
3,610
14.3
Pacific
13
0.1
South America
4,307
17.0
*Excludes cases where country of origin is unknown.
Sources: OCJ and MOIA Administrative Data
45
Table 18a: Levels and Types of Legal Services Provided in Mayoral Immigration
Programs, FY2019
All Mayoral Programs
#
% of Total
% of Full Legal
Representation
Comprehensive Immigration Legal
Screenings/ Legal Advice/Brief
Assistance*
8,041
31.8
N/A
Asylum and Refugee Issues
813
68.2
4.7
Citizenship
2,826
16.4
DACA
1,226
7.1
Legal Services for DV and Trafficking
Survivors
1,062
6.2
Legal Services for Immigrant Workers
2,477
14.4
Legal Services for Immigrant Youth
1,067
6.2
Permanent Residency
4,211
24.4
Removal Defense
2,098
12.2
Other
1,476
8.6
Total
25,297
100.0
100.0
*This category includes legal representation and assistance with matters including Freedom of Information
requests, and applications for fee waivers.
Sources: OCJ and MOIA Administrative Data
46
Table 18b: Levels and Types of Legal Services Provided, ActionNYC, FY2019
ActionNYC
#
% of Total
% of Full Legal
Representation
Comprehensive Immigration Legal
Screenings/Legal Advice/Brief
Assistance*
4,823
42.8
N/A
Asylum and Refugee Issues
175
57.2
2.7
Citizenship
1,893
29.3
DACA
535
8.3
Legal Services for DV and Trafficking
Survivors
242
3.8
Legal Services for Immigrant Workers
322
5.0
Legal Services for Immigrant Youth
111
1.7
Permanent Residency
2,973
46.1
Removal Defense
0
0.0
Other
200
3.1
Total
11,274
100.0
100.0
*This category includes legal representation and assistance with matters including Freedom of Information
requests, and applications for fee waivers.
Sources: OCJ and MOIA Administrative Data
47
Table 18c: Levels and Types of Legal Services Provided, Mayoral IOI, FY2019
Mayoral IOI
#
% of Total
% of Full Legal
Representation
Comprehensive Immigration Legal
Screenings/Legal Advice/Brief Assistance*
3,218
26.7
N/A
Asylum and Refugee Issues
613
73.3
6.9
Citizenship
507
5.7
DACA
592
6.7
Legal Services for DV and Trafficking
Survivors
552
6.3
Legal Services for Immigrant Workers
1,685
19.1
Legal Services for Immigrant Youth
770
8.7
Permanent Residency
998
11.3
Removal Defense
2,095
23.7
Other
1,014
11.5
Total
12,044
100.0
100.0
*This category includes legal representation and assistance with matters including Freedom of Information
requests, and applications for fee waivers.
Sources: OCJ and MOIA Administrative Data
48
Table 18d: Levels and Types of Legal Services Provided, CSBG-Funded Immigration
Legal Services, FY2019
All Mayoral Programs
# of cases
% of Total Cases
% of Full Legal
Representation
Comprehensive Immigration Legal
Screenings/Legal Advice/Brief Assistance*
0
0
N/A
Asylum and Refugee Issues
25
100.0
1.3
Citizenship
426
21.5
DACA
99
5.0
Legal Services for DV and Trafficking
Survivors
268
13.5
Legal Services for Immigrant Workers
470
23.7
Legal Services for Immigrant Youth
186
9.4
Permanent Residency
240
12.1
Removal Defense
3
0.2
Other
262
13.2
Total
1,979
100.0
100.0
*This category includes legal representation and assistance with matters including Freedom of Information
requests, and applications for fee waivers.
Sources: OCJ and MOIA Administrative Data
49
Legal Services for Low Wage Workers
It has been estimated that in New York City, over three hundred thousand (300,000)
workers experience one or more wage-based violations every week. In 2009, the National
Employment Law Project (NELP) issued a comprehensive study of wage and hour
violations, with a survey of over a thousand workers in low-wage industries in New York
City. NELP found
31
:
• Approximately seventy (70) percent of low-wage workers in New York City are foreign
born.
• Over one-fifth of the workers surveyed had been paid less than the legally required
minimum wage in the previous workweek.
• Nine out of ten workers surveyed worked enough consecutive hours to be legally
entitled to at least one meal break during the previous week, but 70 percent of this
group received no break at all, had their break shortened, were interrupted by their
employer, or worked during the break.
In low-wage industries, where workers are paid “off the books,” wage and hour violations
are all too common. Such “wage theft” violations include not paying workers on time,
paying them below the minimum wage, failing to pay overtime when required, not
allowing meal or other breaks, and not allowing required sick leave. Other findings
suggest that when workers advocate or seek redress for themselves, their efforts can be
ineffective or even lead to retaliation.
OCJ supports legal assistance programs for immigrant workers through the IOI and CSBG-
funded legal services discussed above. Given that seven out of every ten low-wage
workers in the city are foreign-born — a proportion that is even higher in some
industries, such as the domestic industry, where an estimated 99 percent are foreign-
born
32
— protecting and vindicating workers’ rights is an important component of the
City’s legal services programs for immigrant New Yorkers. Moreover, immigrant workers
31
Annette Bernhardt, Diana Polson, and James DeFilippis. Working without Laws: A Survey of Employment and Labor Law Violations in New York
City. (2009). National Employment Law Project. Retrieved from http://www.nelp.org/content/uploads/2015/03/WorkingWithoutLawsNYC.pdf.
32
Annette Bernhardt, Siobhán McGrath, and James DeFilippis. (2007.) Unregulated Work in the Global City. Brennan Center for Justice, at 63;
Domestic Workers United and Datacenter. (2006). Home Is Where the Work Is: Inside New York’s Domestic Work Industry. Retrieved from
http://www.domesticworkersunited.org/homeiswheretheworkis.pdf.
50
can face heightened threats to their wage stability and employment; one study found
that immigrant low-wage workers in New York City were twice as likely to experience
minimum wage violations.
33
In FY2019, the City deepened its investment in programs to protect the rights of low-
wage workers.
34
Legal representation and advice services, funded through OCJ’s IOI
program at $2.0 million in FY2019 and renewed in FY2020, has enabled nonprofit legal
services providers to provide thousands of low-wage workers across the City access to a
variety of employment-related legal services, ranging from individualized legal advice to
full legal representation in proceedings such as pre-litigation settlement negotiations,
unemployment insurance hearings, and individual and group cases in state or federal
court or at administrative agencies. City Council grants totaling $500,000 in FY2019, also
administered by OCJ, funded community-based organizations and legal providers to
conduct outreach and education for low-wage workers as well as referrals to legal
services for those who need assistance.
In FY2019, the Administration’s Legal Services for Low-Wage Workers program provided
legal assistance to individuals in 1,800 cases. The following tables present an analysis of
FY2019 case-level data provided to the City by the legal services organizations providing
services through this initiative. Our analysis of the data showed:
• In FY2019, the first year of the initiative, employment legal services providers assisted
working New Yorkers in 1,800 cases, and in more than half (53.2 percent), the client
received full legal representation.
• 32.9 percent of clients assisted resided in Queens, with clients from Brooklyn (26.0
percent) and Manhattan (18.8 percent) comprising large segments of the cases
assisted through the program.
• More than a quarter of clients that received services were older workers aged 55 or
older (25.1 percent). 1.8 percent were aged 21 or younger.
33
Bernhardt, Polson, and DeFilippis. (2010). Working without Laws.
34
A list of Legal Services for Low Wage Workers providers is included at Appendix 13.
51
• Most clients shared their households with others (53.9 percent) and approximately
one third of clients lived in households with children (33.4 percent).
The tables below present this analysis in greater detail.
Table 19: Legal Services for Low-Wage Workers: Cases Handled and Services
Provided, FY2019
#
%
Legal Advice/Brief Assistance
842
46.8
Full Legal Representation
958
53.2
Table 20: Legal Services for Low-Wage Workers: Residence of Client, FY2019
#
%
Bronx
286
15.9
Brooklyn
468
26.0
Manhattan
339
18.8
Queens
593
32.9
Staten Island
68
3.8
Other/Employed in NYC
46
2.6
52
Table 21: Legal Services for Low-Wage Workers: Age of Client, FY2019*
#
%
21 years old and younger
33
1.8
22 to 34 years old
448
24.9
35 to 44 years old
425
23.7
45 to 54 years old
439
24.4
55 to 64 years old
340
18.9
65 years old and older
112
6.2
*Excludes cases where age of client was unreported or unknown.
Table 22: Legal Services for Low-Wage Workers: Client Household Size and
Composition, FY2019*
#
%
1 person
828
46.1
2 to 4 people
765
42.5
5 or more people
205
11.4
Households with One or More Children
602
33.4
Households Without Children
1,198
66.6
*Excludes cases where client’s household size was unreported or unknown.
Source: OCJ Administrative Data.
The Low Wage Worker Initiative funded by the City Council targets low-income workers
in need of employment-related information and assistance and connects them with
education and referral services. The program provides outreach and legal education
programs designed to inform workers about their rights and the availability of City-
funded legal assistance programs. In addition, providers hold legal clinics at which
workers receive legal advice and referrals to free legal services providers. In FY2019,
Council-funded providers held over 50 outreach and educational events, serving more
than 500 individuals.
53
Conclusion
In the last year, under the de Blasio administration, New York City reached new
milestones in increasing access to legal assistance and closing the “justice gap” for those
who need legal help. As OCJ’s implementation of key programs continues, New Yorkers
can expect even wider access to the legal services they need most, and to a justice
system that is fairer and more equitable 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.
54
Appendices
55
Appendix 1: Judiciary Civil Legal Services (JCLS) Grantee
Organizations for FY2019 – FY2020
• 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
• Richmond County Bar Association
Volunteer Lawyers’ Project
• Ridgewood Bushwick Senior Citizens
Council
• 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.
• Youth Represent
56
Appendix 2: New York City-Based Interest on Lawyer Account
(IOLA) Fund Grantees for FY2020–FY2021
• 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
• Goddard Riverside Community
Center
• Her Justice, Inc.
• 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
• 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
• Pro Bono Net
• RiseBoro Community Partnership
• 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 3: Housing Help Program and Assigned Counsel
Project Providers
• Legal Services NYC/Brooklyn Legal Services
• Mobilization for Justice
• The Jewish Association for Services for the Aged
• The Legal Aid Society
58
Appendix 4: Anti-Harassment and Tenant Protection (AHTP)
Program Providers
• LEAP
o Brooklyn Defender Services
o Brooklyn Legal Services Corporation A
o CAMBA Legal Services, Inc.
o Catholic Migration Services, Inc.
o Communities Resist
o Goddard Riverside Community Center
o Jewish Association for Services for the Aged
o Lenox Hill Neighborhood House
o Make the Road New York
o Mobilization for Justice, Inc.
o Northern Manhattan Improvement Corporation
o TakeRoot Justice
o The Bronx Defenders
o Urban Justice Center
• Legal Services NYC
• The Legal Aid Society
59
Appendix 5: Anti-Eviction/Universal Access 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
60
Appendix 6: Universal Access (UA) ZIP Codes
Bronx
10453, 10457, 10467, 10468, 10462
Brooklyn
11207, 11216, 11221, 11225, 11226
Manhattan
10025, 10026, 10027, 10429, 10031, 10034
Queens
11373, 11433, 11434, 11385, 11691
Staten Island
10302, 10303, 10314, 10310
61
Appendix 7: ActionNYC Providers
• Association for Neighborhood and
Housing Development
• Atlas: DIY Corporation
• BronxWorks
• CAMBA Legal Services, Inc.
• Caribbean Women’s Health
Association, Inc.
• Carroll Gardens Association
• CASA
• 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.
• El Centro
• Gay Men’s Health Crisis, Inc.
• Immigration Advocates Network
• 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
• Mercy Center
• MinKwon Center for Community
Action, 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 UnLocal
62
Appendix 8: Immigrant Opportunity Initiative (IOI) Program
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.
• TakeRoot Justice
• 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 9: New York Immigrant Family Unity Project (NYIFUP)
Providers
• Brooklyn Defender Services
• The Bronx Defenders
• The Legal Aid Society
64
Appendix 10: 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
• Kids in Need of Defense, Inc.
65
Appendix 11: Community Service Block Grant (CSBG)-Funded
Legal Services Providers
Services for Victims of Domestic Violence and Trafficking
• Sanctuary for Families, Inc.
• Urban Justice Center
Services for Immigrants
• Bronx Legal Services (Legal Services NYC)
• Brooklyn Defender Services
• CAMBA Legal Services, Inc.
• Queens Legal Services (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
• Take Root Justice
• Urban Justice Center
Services for Immigrant Youth
• Brooklyn Defender Services
• The Door – A Center for Alternatives, Inc.
66
Appendix 12: Program Providers and Partners - Legal Services
for Immigrant Survivors of Domestic Violence
• Barrier Free Living
• Caribbean Women’s Health Association
• El Centro Del Inmigrante NYC
• Nuevo Amanecer Dominican Women’s Development Center
• Puerto Rican Family Institute
• Sanctuary for Families, Inc.
• Urban Justice Center
• Violence Intervention Program Community Services
67
Appendix 13: 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
