If you or your law firm is interested in volunteering on any of the various matters below, please e-mail Rachel D. Jaffe, or call (212) 541-5996 for further details. Listed below is a sample of legal matters and proceedings for which HCC is seeking pro bono assistance:
I. Litigation
CASE 1—ACTION FOR CONVERSION + TRESPASS IN LIMITED-EQUITY CO-OP
One of our clients has been appointed Administrator of her late brother’s estate. Her deceased brother was a shareholder in a limited-equity co-op. We believe that the estate has claims for both conversion and trespass against the corporation because the co-op Board hired a contractor to gut-renovate the shareholder’s apartment immediately after his death, removing all of his personal property and disposing of everything. The Board acted in this manner even though both the Board members and the co-op’s attorney were on-notice that our client had filed for letters of administration with the Surrogates Court. While our client had not been formally appointed Administrator at the time the bulk of the work was completed, we sent numerous letters to the co-op’s attorney requesting that all work to the unit cease until the Surrogate’s Court had completed the administration assignment process, to no avail. The actions of the Board left the estate with nothing of value except for the actual shares in this co-op.
CASE 2—YOUTH HOSTEL IN RESIDENTIAL BUILDING IN VIOLATION OF STIP
This matter takes place in a building with on-going tenant harassment issues. A new tenant, presumably with the Landlord’s consent and knowledge, has now started a youth hostel comprised of two residential units on the fourth floor, which s/he is advertising on the internet. Not only is it illegal to put a hotel in this building, but it is a clear violation of a June 2006 stipulation resulting from a 7A proceeding between the building owner and tenants, which requires the owner to execute the certified Loft Board plans. Those plans show two Class "A" residential units on the fourth floor, not a 28-bed hotel. Illegal hotels are running rampant in Hell’s Kitchen. In this case, the building tenants have a stipulation which calls for class "A" residential units, (hotel use is class "B") that has been violated. This request is for the Tenants’ Association’s pro bono legal assistance in taking appropriate actions to enforce the stipulation and to immediately cease the use of the units for an illegal youth hostel.
CASE 3—ILLEGAL SUBLET + NON-PRIMARY RESIDENCE CASES
Respondent is a middle-aged woman who has lived in her rent stabilized apartment for 30+ years. At the beginning of the summer she was served with one set of predicate notices claiming that she profiteered by illegally subletting her apartment. Then, she was served with another set of predicate notices claiming that her lease would not be renewed because she was not using the apartment as her primary residence. The subject premises are located about five blocks from where Respondent works as a cashier at John Jay College. She vehemently denies both claims. Although she has had friends visit her apartment, she says she has never received money for them to stay there. Furthermore, although she spends some time at her boyfriend’s nearby apartment, she spends more than half of her time at the subject premises. Petitioner hired a private investigator who is going to testify on behalf of Petitioner. Petitioner is going to try to admit phone transcripts wherein Respondent made arrangements with investigator to sublet the apartment. The sublet never happened; therefore, at best, this evidence only goes toward proving an attempted profiteering scenario but not a completed act. The current status of the case: the profiteering case is stayed while we wait for the Petitioner to serve papers on the non-primary residence case. The Petitioner is planning to make a motion to consolidate the two cases, which we have agreed not to oppose.
II. Transactional matters
- None at this time.
III. Evening Clinics
HCC operates a Monday evening legal clinic, which provides free legal information on a variety of legal topics. HCC seeks attorneys who are interested in volunteering in that clinic. HCC staff will train the attorney; the next training session is planned for October 29, 2008. HCC staff attorneys will supervise and organize the clinic and be available for the volunteer attorney with whatever issues arise.
If you are interested in volunteering, please contact Rachel D. Jaffe.
