NEW YORK, Jan 23 (Reuters) - Breaking ranks with what
they call the "landlord-dominated" housing-court bar in
Brooklyn, more than 60 tenant-side attorneys have banded
together to form a new bar group dedicated to advocating for
tenant-friendly legal and practical reforms in one of the city's
busiest housing courts.
Last week, the attorneys announced the official launch of
the Brooklyn Tenant Lawyers Network, which includes lawyers from
private firms and each of the major legal-aid organizations
operating in Brooklyn, according to a statement from the group
and its two co-chairs, Karen Bacdayan of Legal Services NYC and
Michael Weisberg of South Brooklyn Legal Services Inc.
The group is presenting itself as a counterpoint to the
Kings County Housing Court Bar Association, one of the few bar
groups in New York City dedicated solely to housing-court
issues. While the KCHCBA counts both tenant- and landlord-side
attorneys among its members, some tenant-side attorneys felt
their voices were being drowned out, according to Bacdayan.
"The landlord's bar has a very big presence," Bacdayan said.
"Until now, while our work is very meaningful, we haven't
meaningfully organized as an association of tenant lawyers."
Some tenant-side lawyers have been meeting privately and
informally to discuss tenant-specific legal concerns since 2003,
Weisberg said. They ultimately decided to break away and form a
separate group, which met formally for the first time in
December.
High on the group's agenda is the issue of lawyers' access
to housing-court judges and to the committee that recommends
judicial nominees to serve a five-year term rotating among the
city's five housing courts. The group also plans to invite
Brooklyn Housing Court Supervising Judge John Lansden to address
them and speak to their specific concerns, Bacdayan said.
'SUBSTANDARD' FACILITIES
The housing court in Brooklyn was the subject of a scathing
report released in December by Make the Road New York, a
nonprofit Latino and working-class advocacy group. In that
report, Make the Road slammed the housing court's "aging" and
"substandard" facilities, as well as its confusing layout and
inadequate services for poor or non-English-speaking tenant
litigants.
Moving the court to a new facility is at the top of the
tenant bar group's agenda, according to Bacdayan. And it's one
issue where they can find common ground with attorneys who
represent landlords, she added.
In New York City, Brooklyn's housing court is second only to
the Bronx in the volume of legal filings it sees each year --
more than 70,000 in 2010, according to New York City Courts
Deputy Chief Administrative Judge Fern Fisher.
As at housing courts across the city, up to 98 percent of
tenant litigants show up without any kind of legal
representation -- often because they lack either the funds to
pay for an attorney or are unfamiliar with the legal process,
Fisher said.
This discrepancy was one of the motivations for the new
group, according to Bacdayan -- because landlords are more
frequently represented than tenants during court proceedings,
she said, their attorneys spend more time in housing court,
mingling with judges on a daily basis and gaining a familiarity
that often eludes tenant advocates.
"The sense is that the landlord's bar has a lot of influence
over this process," she said.
'A LOT IN COMMON'
Michael Rosenthal, KCHCBA president for the past 11 years
and an attorney with Rappaport Hertz Cherson & Rosenthal, said
that his group has never set out to represent one side or the
other of the housing-court bar, but rather "pro-treatment of
both attorneys and litigants." While KCHCBA meetings tend to
attract more landlord-focused attorneys than tenant-focused, he
said, he thought the influence each side exerted on the judicial
process was fairly equal, if not tilted slightly toward tenants.
In general, he said, Kings County is known for its collegial
housing-court bar, despite the shortcomings in the court's
infrastructure.
"I think that on the issues that have to do with the
treatment of people and the facilities, we'll have a lot in
common," Rosenthal said.
(Reporting By Jessica Dye)
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