how to access a pro bono lawyer for landlord and tenant cases new york

by Houston Nienow 7 min read

City Bar Legal Hotline
The City Bar Justice Center's Legal Hotline, 212-626-7383, is staffed by attorneys who assist low income callers on a range of issues, including housing law.
Jan 8, 2020

Where can I find a pro bono attorney in NYC?

NYSBA is currently recruiting attorneys for pro bono work to help Veterans in the Restoration of Honor Project. If you need a pro bono attorney, please visit lawhelpny.org for a civil legal service organization that may be able to assist you. Looking to volunteer?

What does a pro bono lawyer do?

They typically represent both plaintiffs (people who sue someone else) and defendants (the people being sued). Legal aid lawyers are paid by grants and might receive some government funding. A pro bono lawyer takes a case for free, and otherwise works for fee-paying clients.

How do I get a lawyer in Oregon for pro bono work?

(For a referral to such an attorney, you can call the Oregon State Bar's Lawyer Referral Service at 503-684-3763. Ask about the Modest Means Program.) But handling an entire case pro bono is another matter entirely. This is an issue that comes up a lot on this site, and this is what I always tell people:...

Where can I get help with a pro bono appeal?

Visit the Pro Bono Appeals program page for more information. New York Public Interest Research Group’s (“NYPIRG’s”) Small Claims Court Action Centers provide assistance on small claims court and consumer matters.

How do I file a claim against a landlord in NY?

You can start an HP case if you need repairs in the home that you rent or in the public areas of the building. Go to Housing Court and tell the Clerk that you want to start an HP case. You will fill out an HP Petition, and pay the $45 court fee.

What can I sue my landlord for NYC?

You can sue your landlord in housing court to force them to make the repairs. This is a special kind of case called a "Housing Part" case, or more commonly, an "HP action" or "HP case." An HP action is a case that you file against your landlord when the landlord will not make repairs or provide services.

How much does a tenant lawyer cost NYC?

Hourly Fees The average minimum was $225 per hour, while the average maximum was $300. Within that range, the hourly fee a lawyer charges might depend on the case and the client.

How do I find a tenant lawyer in NYC?

Call (718) 557-1379 or (212) 962-4795 from Monday – Friday, between 9am and 5pm.Call 311 and ask for the Tenant Helpline.Email OCJ at civiljustice@hra.nyc.gov. ... Contact a nonprofit law office near you.

Can I sue my landlord for emotional distress NYC?

If you rent from a landlord who is for all practical purposes a slumlord, and is negligent in failing to make repairs in a willful or wanton way, your lawyer may be able to make a claim for emotional distress.

How do you prove landlord negligence?

One way to prove landlord negligence is by proving that:A law related to safety was broken by the landlord.The purpose of the said law was for the welfare and safety of the tenant.The injuries sustained were the kind the law intended to prevent.More items...

How much does it cost to evict a tenant in New York?

The Sheriff's Office handles evictions that involve the enforcement of a court order or warrant. The fee for performing an eviction is $140.

How much is an eviction attorney?

An eviction lawyer is a lawyer who specializes in handling eviction matters, such as an eviction action. Depending on the jurisdiction and the complexity of the issues involved in your case, an eviction lawyer can cost you anywhere from $500 to $10,000 or more.

What is the most a lawyer can charge?

Attorney's hourly fees range between $100 and $400 depending on their experience and the type of case. Attorneys in small towns or lawyers in training cost $100 to $200 per hour, while experienced lawyers in metropolitan areas charge $200 to $400 hourly.

Is Legal Shield legit?

For the first question, the answer is no… it's not a scam. Unlike some shadier MLM type schemes like 30-Day Success Formula and Impact Mailing Club… Legal Shield is a legit company with a real product. Having said that, the way in which some Legal Shield consultants market or sell the opportunity, may be a scam.

How do I sue my landlord for unsafe living conditions in NYC?

How To Sue My Landlord For Unsafe Living ConditionsReport to your local housing authority.Sue them in small claims court.Move out abruptly.Deduct the number of repairs from the next rent.

Can you sue your landlord?

In general, you may be able to file a lawsuit against your landlord for the following reasons. Illegally Keeping Your Security Deposit: Each state's landlord tenant law lists specific reasons a landlord can take deductions from your security deposit.

Can you withhold rent for repairs in NY?

It's legal for tenants in New York to withhold rent until the landlord makes major repairs, but they must notify their landlord of the problem first—and give them a reasonable amount of time to fix it.

What makes an apartment uninhabitable NYC?

If your apartment does not have adequate heat or hot water on a regular basis, then your landlord has violated the warranty of habitability. Also, if your landlord fails to rid your apartment of an insect infestation, this may violate the warranty of habitability.

Where to send pro bono articles?

We invite you to submit articles showcasing excellence in pro bono service for upcoming editions of the Pro Bono Newsletter. Articles can be sent to probono@nysba.org

What is the Pro Bono Appeals Program?

The Pro Bono Appeals Program provides pro bono representation for selected civil appeals to the Appellate Division, Third and Fourth Judicial Departments. Visit the Pro Bono Appeals program page for more information.

What is Claro on Onondaga County?

Russell’s pro bono work is with the Volunteer Lawyers Project of Onondaga County’s CLARO program. CLARO is the Consumer Legal Advice Resource Office. CLARO provides free legal advice and help with drafting court pleadings for low – income consumers primarily in Onondaga County, but also in the surrounding area. CLARO helps its clients with court cases or judgments related to credit card debt, medical debt, student loans, car loans, utilities collections, lines of credit, and charge accounts. Since Russell joined the program at its founding in Fall 2019, he has been able to help consumers defend against lawsuits by debt collectors, advise whether consumers might benefit from filing for bankruptcy protection, and vacate default judgments.

What is the NYSBA?

The New York State Bar Association (NYSBA) has a long and proud tradition of advocating for equal access to justice for all New Yorkers in civil matters through a combination of government-funded legal services programs and voluntary pro bono service by private practitioners. The Department also provides assistance and educational training programs for attorneys employed by legal services organizations and oversees a number of attorney recognition programs that promote, recognize, and honor pro bono service by individual attorneys and law firms. The Department works with many of the Association’s sections and committees to encourage their voluntary participation in pro bono projects.

Is NYSBA recruiting attorneys?

NYSBA is currently recruiting attorneys for pro bono work to help Veterans in the Restoration of Honor Project.

Where is Attorney Gaji?

Attorney Gaji is a solo practitioner in Binghamton, New York, with over 25 years of experience. His diverse practice includes family law, immigration, securities arbitration, and ” attorney for the child” representation. Before coming to the United States, he trained and practiced in Nigeria.

Does the New York State Bar Association guarantee representation?

The New York State Bar Association does not guarantee it will find an attorney who will accept your case and does not guarantee the outcome or results of that representation.

3 attorney answers

Look on your bar website or as your local court. They usually have a list of attorneys who offer pro bono services.

Joshua Y. Lee

While I totally agree with Mr. Bodzin's comments, I think you also should know that IF you can prove impermissible retaliatory threats of eviction or other landlord misbehavior, you may not even need to worry too much about a pro bono attorney.

Gregory L Abbott

Many attorneys will offer free consultations. Some will offer reduced rates to clients of limited incomes. (For a referral to such an attorney, you can call the Oregon State Bar's Lawyer Referral Service at 503-684-3763. Ask about the Modest Means Program.) But handling an entire case pro bono is another matter entirely.

Income Eligible

Whether you get a free lawyer depends on your income and how many people live with you. You can get a free lawyer if your yearly household income is less than the amount in the chart below.

Type of Court Case

Tenants with Holdover cases and Nonpayment cases get a free lawyer. Your court papers say the type of case. A nonpayment case is what an owner starts to collect rent. A holdover case is what an owner starts to evict a tenant for a different reason than nonpayment of rent. Learn more about Holdover and Nonpayment cases.

Where to Get More Information

If you qualify for a free lawyer, visit About the Universal Access to Legal Services Law to find out how to get a free lawyer and what services you can get.

What do volunteer attorneys do?

Volunteer attorneys may be asked to review documents, answer questions, discuss areas of concern that the individual should be aware of when entering into certain agreements or point out various methods whereby the individual can either correct a problem or seek appropriate assistance and direction.

What is NYCLA in good standing?

NYCLA members in good standing can make a difference by volunteering to provide counsel and representation to qualified individuals who seek to amend, seal or expunge their indicated reports from the New York State Central Register of Child Abuse and Maltreatment after taking this required training course.

What is the Tax Court Project?

U. S. Tax Court Project - NYCLA is the first bar association in New York to offer a U.S. Tax Court Calendar Call Pro Bono Program. This project provides counseling to individuals seeking advice in the area of tax law at calendar call sessions of the U.S. Tax Court conducted in New York. No representation of any kind is undertaken and you will not be required to enter an appearance. Individuals are advised by volunteers while appearing pro se before the U.S. Tax Court. Volunteers may be asked to consult with pro se petitioners regarding the merits of their cases and evaluate any settlement proposals from the Internal Revenue Service, act as a communicator or mediator between the parties in an effort to assist in resolving the case and provide procedural advice to pro se petitioners who decide to proceed to trial.

How long do you have to be a volunteer in New York?

Volunteers must be admitted to the New York bar for at least one year. In addition, volunteers MUST complete this mandatory training session to acquaint themselves with the appeals process.

Can you get MCLE credits with NYCLA?

NYCLA Members can earn MCLE credits, acquire new skills, and help your community. In order to participate in any of NYCLA’s Pro Bono programs, you must be a current NYCLA Member in good standing and be admitted to the New York State Bar. Some programs require additional qualifications; they are noted with each program.

Andrew M. Darcy

Top Rated Legal Aid & Pro Bono Lawyer Mobilization for Justice, Inc. New York, NY

Shachar Shawn Malachovsky

Top Rated Legal Aid & Pro Bono Lawyer Malachovsky Law Offices P.C. New York, NY

What to do if you receive a warrant of eviction from a marshal?

If you receive legal papers stating that your landlord has asked the Housing Court to enforce or restore an eviction order, or if you receive a warrant of eviction from a marshal, you should contact OCJ to be connected with a free lawyer who can assist you.

What happens if your landlord refuses to fix your home?

If your landlord refuses to fix a serious or hazardous condition in your home, such as mold, peeling lead paint, or a leak, or if your landlord is not providing critical services that you are legally entitled to, such as heat, hot water, gas, electricity, or adequate security, you can file a case in Housing Court (an HP action) to ask a judge to order your landlord to make these repairs.

What does OCJ do for eviction?

If you are facing a motion by your landlord to proceed with an eviction warrant against you, OCJ can provide you with free legal representation through our nonprofit legal services provider partners.

How to contact OCJ?

Call (718) 557-1379 or (212) 962-4795 from Monday – Friday, between 9am and 5pm. Call 311 and ask for the Tenant Helpline. Email OCJ at civiljustice@hra.nyc.gov. Please provide a name, telephone number, and Housing Court case index number for your eviction case in your email. Contact a nonprofit law office near you.

What is OCJ legal services?

In addition to providing free eviction defense legal services, OCJ's programs provide access to free legal assistance for tenants in a range of housing-related cases. These programs provide access to legal representation and advice to New York City tenants in individual and group collective litigation to help maintain and preserve their housing and protect against harassment, disrepair or other misconduct by unscrupulous landlords.

How to contact OCJ for legal advice?

For access to OCJ's housing legal advice services for tenants, please call 311 and ask for the City's Tenant Helpline.

Is a tenant eligible for a lockout?

All tenants who are currently facing an illegal lockout by their landlord are eligible, regardless of ZIP code, immigration status or whether the tenant may have previously declined or been found ineligible for legal representation under the Universal Access program, and regardless of household income under an income waiver by OCJ.