Brennan Center Legal Services Update

Cyrus Dugger

1. Low-Income Seniors Fight to Remain in Homes While Court Proceedings Continue; Assistance Provided by Bay Area Legal Aid
Over 40 low-income seniors in California will benefit from a recent decision by a federal judge that allows them to remain in their homes until court proceedings about rent increases end. In March 2006, Mortimer Howard, the landlord of the Park Village Apartments, notified the tenants that he would no longer participate in the U.S. Department of Housing and Urban Development Section 8 program that subsidizes rents of low-income tenants. Without the subsidy, tenants would be expected to pay market rate rent, which is $1,192 per month for a one-bedroom apartment. However, the market rent is more than the monthly income of many of the tenants. Initially, Howard gave the tenants 30 days notice to leave or pay the increased rent; he later extended the deadline to 90 days. Federal law, however, mandates that tenants receive one year’s notice before a landlord discontinues participation in the federal housing subsidy program. The seniors, represented by LSC-funded Bay Area Legal Aid, filed a lawsuit alleging that Howard violated federal law by failing to provide necessary notice before terminating participation in the program. The plaintiffs also asked the federal judge to ensure that they do not face eviction or increased rents until court proceedings are over, and the judge agreed to provide this protection. Oakland officials also filed a lawsuit against Howard, alleging that he violated local rent control laws. Lisa Greif, a Bay Area Legal Aid attorney working on the case, says, “It gave our clients a peace of mind. A lot of our clients have limited English skills, are disabled and have been there a long time. The prospect of moving someplace else was pretty daunting.” Greif ultimately hopes that a non-profit organization will purchase Park Village Apartments and continue renting them to low-income seniors. Paul T. Rosynsky, Judge Sides With Seniors at Complex, Inside Bay Area (Cal.), Feb. 28, 2007.

LEGAL SERVICES STRUCTURE

2. Civil Justice Community Efforts Inspire Washington State Budget Panel to Approve Additional $4.8 Million for Enhancing Office of Civil Legal Aid
After years of work by civil justice advocates, low-income residents in Washington will likely benefit from the budget approved for 2007-2009 by the state’s House Appropriations Subcommittee on General Government and Audit Review. The budget would provide an additional $4.8 million for improving the Office of Civil Legal Aid, which is responsible for the administration and oversight of state funding for civil legal services. The $4.8 million would be used to implement recommendations made by the state Supreme Court’s Task Force on Civil Equal Justice Funding and by the Washington State Access to Justice Board in its 2006 Revised State Plan for Delivery of Civil Legal Aid Services. The additional funding was also included in the Governor’s budget, issued in December 2006. In total, the proposed budget for the Office of Civil Legal Aid is $22.5 million, a $5.5 million increase over the last appropriation. In March 2007, the full House Appropriations Committee is expected to act on the proposed budget. LSC Updates, Additional $4.8 Million for Civil Legal Aid Approved by Washington State Budget Panel, Legal Services Corporation, March 1, 2007; also based on original reporting by Brennan Center staff.

Posted at 4:40 PM, Mar 15, 2007 in Permalink | Comments (0) | TrackBack (0)