Assistance available to low-income landlords (The Standard Times)

In a February 16 article, The Standard Times highlighted the Volunteer Lawyers Project’s (VLP) Landlord Advocacy program, which is providing free legal assistance to landlords with low incomes in Massachusestts. An excerpt from the article is below.

His tenant had not paid rent for close to a year, and the landlord filed an eviction action based on nonpayment of rent.

On the day of trial, with the help of housing court mediation, and the presence of the Wayfinders group, the landlord and tenant were able to enter into an agreement requiring the tenant to immediately apply for RAFT/financial assistance to cover the full rental arrearage and the case was continued to allow for the tenant to file.

The Volunteer Lawyers Project of the Boston Bar Association represented the landlord for his next two court dates.

This case study is one example of the support landlords can receive if they are struggling to collect rent and make mortgage payments.

The statewide advocacy program focusing on the financial well-being of small, low-income landlords who are often elderly, non-native English speakers and/or people of color aims to take the pressure off.

Read the full story in The Standard Times/ South Coast Today.

Mass. vocational schools policy violates student civil rights, complaint says (The Boston Globe)

In a Feb. 2 article, The Boston Globe reported on a complaint filed in federal court against the state of Massachusetts about the admissions practices of vocational schools. The Center for Law and Education, along with Lawyers for Civil Rights, filed the complaint. An excerpt of the article is below.

Massachusetts vocational schools and technical programs are systematically denying admission to students of color, those from low-income families, and other at-risk populations, closing off career pathways to some of the very people they were designed to help, two legal aid organizations said in a lawsuit filed against the state Thursday.

The complaint, filed in federal court in Boston by Lawyers for Civil Rights and the Center of Law and Education, argues the state’s use of “exclusionary criteria,” which includes using grades, attendance, and disciplinary records to determine admission, is discriminatory. The result, they argued, is that students, of color, from low-income homes, those with disabilities, and those still learning English are admitted to career vocational schools and programs at disproportionately lower rates than their peers.

Read more in The Boston Globe.

Talk to the Hill draws more than 1,000 people to support $49M for civil legal aid in FY24

BOSTON, January 27– On Thursday, Governor Maura Healey, Supreme Judicial Court Chief Justice Kimberly Budd, bar association leaders, and legal aid clients joined a virtual gathering of more than 1,000 people – including 755 members of the private bar and several dozen law students for Talk to the Hill for Civil Legal Aid. The event kicked off the Equal Justice Coalition‘s campaign to support $49 million in the FY24 state budget for the Massachusetts Legal Assistance Corporation, which funds civil legal aid organizations across the state. Civil legal aid organizations provide legal advice and representation at no cost to Massachusetts residents with low incomes. People and families with incomes at or below 125% of the federal poverty level ($37,500 per year for a family of four) qualify for civil legal aid.

The Walk to the Hill lobby day event, which engages members of the private bar and is now in its 24th year, has been held in a virtual format since the COVID-19 pandemic.

After hearing from the program’s speakers, attendees joined breakout rooms with their legislators. These meetings offered a unique opportunity for private attorneys and law students to speak directly to legislators and share why they believe civil legal aid is critically important.

Photo of Maura Healey speaking in front of green wall and framed painting.

Maura Healey speaks at Talk to the Hill 2023

In her opening remarks, Governor Healey, a longtime supporter of civil legal aid, said she looks forward to “continuing this partnership to make sure that every Massachusetts resident has access to the legal representation they deserve, and to make our state more just and equal for all.”

Healey also noted that legal aid services have become even more critical throughout the COVID-19 pandemic. “That’s why we need legal aid to be strong,” she said. “Not only to handle the uptick of cases we’ve seen, but also to help us address systemic problems, level the playing field, and secure access to justice for everyone who needs it.”

Screenshot of Chief Justice Budd speaking on video, with blurred background and close captioned text reading "The need is clear."

Chief Justice Budd speaks during the program.

Chief Justice Budd spoke about the importance of legal aid in maintaining confidence in the legal system. She referenced a recent nationwide poll conducted by the National Center for State Courts that asked respondents if they believe the court system is fair.

“The responses from people of color were particularly concerning,” Chief Justice Budd said. “Approximately 60% of Black and Hispanic respondents said that the phrase ‘provide[s] equal justice to all’ does not describe state courts.

There are undoubtedly many complex factors that contribute to this perception of unfairness. But one concrete step that we can take … is to increase the availability of counsel for people who cannot afford a lawyer.”

Powerful testimonials

Simi, smiling, sitting on office chair in front of a gray wall and blue and white abstract painting.

Simi shares her legal aid story.

Client speakers included Simi, a young woman who connected with the Children’s Law Center of Massachusetts for help with an immigration issue. Simi was 16 when her hometown in Nigeria was attacked by terrorists while she was studying at a summer program in New England, for which she’d earned a scholarship. “I got scared,” Simi said, “and I decided to not go back. It was one of the most difficult decisions I had to make.”

“Having access to organizations like the Children’s Law Center, and lawyers like Jay [McManus] … it’s like a ticket to hope,” Simi said. “I’ve moved from just having hope to actualizing dreams that I never thought I’d accomplish in life.” With help from her attorney, Simi secured a green card in late 2019. She graduated from Wesleyan University last May.

Jim, smiling, sits at a table with glass of water in front of him. An abstract orange painting is visible in the background.

Jim, a legal aid client, shares his story.

A second client speaker, Jim, told his story of getting helped by his local legal aid with an unemployment issue. Jim worked in the bathroom remodeling business when the COVID-19 pandemic began. Afraid to risk his own health and the health of others (and heeding the advice of public health officials), Jim stopped going into other people’s homes for a period of time. He filed for Unemployment Insurance, and his application was approved. A year after he had received his benefits, however, Jim got a letter stating he was determined to be ineligible and needed to repay more than $35,000.

“I was shocked, to say the least,” says Jim. He contacted MetroWest Legal Services and an attorney took his case right away. The attorney represented Jim at a hearing and presented evidence supporting his appropriate refusal of jobs during a global pandemic. The judge ruled him eligible to receive Unemployment Insurance, and he did not have to repay any amount of the money he had rightfully received.

“When I contacted legal aid and found out they were willing to work with me on this case, I was relieved tremendously,” Jim told the Talk to the Hill crowd. “It meant a significant difference to my emotional and financial health.”

More funding in FY24 is critical

Louis Tompros, Partner at WilmerHale in Boston, serves as Chair of the Equal Justice Coalition which coordinates the event each year. Tompros says the impact of increased state appropriated funding is evidenced by improvements in the number of eligible residents served. A few years ago, 57% of people who met financial requirements and applied for help were denied representation; today that number is 47%.

While it is encouraging that organizations are accepting more cases, Tompros emphasizes that “nearly half of the people who are eligible still do not receive representation simply because staff resources are insufficient.”

Lynne Parker, Executive Director of the Massachusetts Legal Assistance Corporation, says that since the pandemic began, “We’ve seen dramatic increases in housing cases and unemployment cases, for example. Responding to these and other urgent needs requires a robust workforce of legal aid staff. More funding will help recruit and retain skilled advocates needed to make justice for all a reality in Massachusetts.”

The recorded program is available for viewing at ejctalktothehill.org.

List of Speakers:

  • Governor Maura Healey
  • Chief Justice Kimberly Budd, Supreme Judicial Court
  • Grace V.B. Garcia, President of the Massachusetts Bar Association
  • Chinh H. Pham, President of the Boston Bar Association
  • Lynne Parker, Executive Director, Massachusetts Legal Assistance Corporation
  • Jacquelynne J. Bowman, Executive Director, Greater Boston Legal Services
  • Legal aid clients who received help over the past year
  • Host: Louis Tompros, Chair, Equal Justice Coalition

Additional Coverage of Talk to the Hill for Civil Legal Aid:

 

Hundreds of lawyers, advocates to join virtual “Talk to the Hill” event asking Massachusetts state legislators for increased civil legal aid funding

January 26 lobby day seeks $49M for civil legal aid in FY24 

BOSTON, January 24 – Governor Maura Healey, Supreme Judicial Court Chief Justice Kimberly Budd, bar association leaders, and legal aid clients will join a virtual gathering of hundreds of private attorneys and law students on Thursday, January 26, at 11 a.m. for Talk to the Hill for Civil Legal Aid. They will urge state legislators to support $49 million in the FY24 state budget for the Massachusetts Legal Assistance Corporation to fund organizations that provide legal advice and representation at no cost to Massachusetts residents with low incomes. People and families with incomes at or below 125% of the federal poverty level ($37,500 per year for a family of four) qualify for civil legal aid. 

The Walk to the Hill lobby day event, which engages members of the private bar and is now in its 24th year, has been held in a virtual format since the COVID-19 pandemic. 

After hearing from the program’s speakers, attendees will have the opportunity to join Zoom breakout rooms with their legislators. These meetings offer a unique opportunity for private attorneys and law students to speak directly to policymakers and share why they believe civil legal aid is important.  

Louis Tompros, Partner at WilmerHale in Boston, serves as Chair of the Equal Justice Coalition, which coordinates the event each year. Tompros says the impact of increased state appropriated funding is evidenced by improvements in the “turnaway rate,” or the percentage of people who are financially eligible to be represented by a legal aid attorney but are turned away due to a lack of resources. 

While organizations are accepting more cases than they were a few years ago, “nearly half of the people who are eligible still do not receive representation simply because staff resources are insufficient,” says Tompros. 

Lynne Parker, Executive Director of the Massachusetts Legal Assistance Corporation, says the effects of COVID-19 are still being felt by people living in poverty. 

“Case numbers have risen since the pandemic in a number of areas. We’ve seen dramatic increases in housing cases and unemployment cases, for example,” Parker says, adding that, “Responding to these and other urgent needs requires a robust workforce of legal aid staff. More funding will help recruit and retain skilled advocates needed to make justice for all a reality in Massachusetts.” 

LIST OF SPEAKERS 

–Maura Healey, Governor of Massachusetts
–Chief Justice Kimberly Budd, Massachusetts Supreme Judicial Court 
–Grace V.B. Garcia, President of the Massachusetts Bar Association 
–Chinh H. Pham, President of the Boston Bar Association 
–Lynne Parker, Executive Director, Massachusetts Legal Assistance Corporation 
–Jacquelynne J. Bowman, Executive Director, Greater Boston Legal Services 
–Legal aid clients who received help over the past year  
–Host: Louis Tompros, Chair, Equal Justice Coalition 

Media are welcome to attend the speaking program and the virtual event is open to the public. Please register at ejctalktothehill.org. 

About the EJC 
The Equal Justice Coalition is a collaboration of the Massachusetts Legal Assistance Corporation, Boston Bar Association, and Massachusetts Bar Association working to increase state funding for civil legal aid. 

www.equaljusticecoalition.org 
@equaljusticema 
#ITalkforJustice 

Lawsuit alleges racial discrimination in tenant screening tool (CommonWealth Magazine)

CommonWealth Magazine recently reported on developments in the Louis vs. SafeRent Solutions case. An excerpt of the article is below. The plaintiffs in this case are represented by attorneys from Greater Boston Legal Services; the Washington, DC-based firm Cohen, Milstein, Sellers & Toll; and the Boston-based National Consumer Law Center.

Two Black women from Massachusetts are at the center of what could become a landmark federal case about whether software that screens potential tenants is illegally biased against Black and Hispanic applicants.

Rachael Rollins, the US attorney for Massachusetts, weighed in on the case, Louis vs. SafeRent Solutions, in a court brief this week, arguing that the technology used by tenant screening companies must comply with anti-discrimination rules. “Algorithms are written by people. As such, they are susceptible to all of the biases, implicit or explicit, of the people that create them,” Rollins said in a statement. Rollins said her filing “recognizes that our 20th century civil rights laws apply to 21st century innovations.”

SafeRent Solutions is a company used by landlords to screen potential tenants. SafeRent gives rental applicants a risk score based on their credit history, other credit-related information including non-tenancy debts, and eviction history.

Read more at CommonWealth Magazine.

Equal Justice Coalition recognizes four law firms and UMass Law for legal aid advocacy

Awards recognize exceptional participation at the 2022 Talk to the Hill

The Equal Justice Coalition has recognized four law firms and UMass Law School for outstanding participation in the 2022 Talk to the Hill for Civil Legal Aid.

The award winners are:

Ropes & Gray, winner of the Highest Participation Award

Goodwin Procter, winner of the Exceptional Support Award

Meehan, Boyle, Black & Bogdanow, winner of the Nancy King Award

Goodwin Procter and Ropes & Gray (tie), winners of the Team Advocacy Award

UMass Law, winner of the Highest Participation for a Law School Award

Davis Malm, winner of the Social Media Advocacy Award

Talk to the Hill for Civil Legal Aid is a lobby day for increased funding for civil legal aid organizations through the Massachusetts Legal Assistance Corporation (MLAC) state budget line item. The annual “Walk to the Hill,” event has been held virtually as “Talk to the Hill” for the past two years due to the coronavirus pandemic. Last January, nearly 1,000 attorneys, law students, and advocates convened online to ask legislators to increase the state appropriation for civil legal aid by $6 million. The Commonwealth ultimately included the requested increase in the FY23 budget, appropriating a total of $41 million for civil legal aid.

This year’s lobby day will be held online January 26, 2023, at 11 a.m. Participants can register at ejctalktothehill.org/register. The speaking program will include Supreme Judicial Court Chief Justice Kimberly Budd, bar association presidents, other leaders in the legal community, and legal aid clients who will share how civil legal aid helped them overcome challenging circumstances. Lawyers, advocates, and law students will have the opportunity to speak with their legislators to lobby for $49 million in civil legal aid funding in FY24.

“MLAC is so grateful to private bar attorneys and law students for their efforts to support civil legal aid and promote equal access to justice for everyone, regardless of income,” said Lynne Parker, Executive Director of MLAC. “Legal aid is a lifeline for tens of thousands of Massachusetts residents each year, helping protect their health, safety, housing, employment, benefits, access to education and more. It is crucial that we increase funding for this essential service.”

About the Award Winners:

Ropes & Gray won the Highest Participation Award for having the largest group of lawyers attend.

Goodwin Procter received the Exceptional Support Award in recognition of having the second largest group of lawyers attend.

Meehan Boyle received the Nancy King for bringing the largest percentage of law firm employees to the Talk. The award is named for Nancy King, a longtime legal aid attorney in Boston who passed away in 2007.

Goodwin Procter and Ropes & Gray tied for the Team Advocacy Award, which is given to the law firm that visits the most legislative offices during the Talk to the Hill.

UMass Law earned the Highest Participation for a Law School Award for having the most law students attend.

Davis Malm received the inaugural Social Media Advocacy Award, an honor given to the law firm with the greatest number of posts about Talk to the Hill across social media channels, including participation in the #ITalkForJustice placard campaign.

 About the EJC
The Equal Justice Coalition is a collaboration of the Massachusetts Legal Assistance CorporationBoston Bar Association, and Massachusetts Bar Association, working to increase state funding for civil legal aid.

www.equaljusticecoalition.org
@equaljusticema
#ITalkforJustice

University of New Hampshire (UNH) School of Law profiles Lynne Parker, MLAC Executive Director, in Alumni Spotlight

Below is an excerpt from the UNH Franklin Pierce alumni blog article, published on December 1, 2022.

UNH Franklin Pierce Alumni Spotlight: Lynne Parker, JD ’88

As she was nearing her college graduation, Lynne Parker, JD ’88  knew she wanted to enter the Peace Corps. Her experience through volunteering to help women in Guatemala start small businesses piqued further interest in what has turned into a decades-long legal career spent serving others.

“I honestly felt like when I went to law school,” Parker says, “that was the only work that was interesting to me.”

In Guatemala, Parker and other Peace Corps volunteers were charged with encouraging women to become members of a savings and loan cooperative and showing them that, with diligent attention to those savings, they could eventually become business owners.  

“I ended up working with three different women’s groups in three different areas outside of Guatemala,” recalls Parker, who was able to communicate effectively in Central America through her fluency in Spanish. “I saw public interest law as being able to make a difference in a way that I would feel good about and would want to be involved in over the course of my career.”

Read more at the UNH Franklin Pierce alumni blog.

Three hour wait, three days in a row: Massachusetts shelter hotline leaves some families desperate (WBUR)

A Nov. 22 WBUR article quoted Greater Boston Legal Services attorney Liz Alfred on the difficulties families face accessing the Massachusetts family shelter system. Alfred helped a mother—recently-evicted and a survivor of domestic violence—and her child find a room at a state-run shelter, and commented on the conditions that make the system challenging to navigate. An excerpt from the article is below.

Frustrated and feeling desperate, Paula turned to Greater Boston Legal Services. A staff attorney there, Liz Alfred, emailed her contacts at the state’s shelter program. Within an hour, Alfred said they found a place for Paula and her daughter.

Unlike the system for single adults who don’t have housing, which is primarily run by nonprofits, the family shelter system in Massachusetts is run by the Department of Housing and Community Development (DHCD). There are a few nonprofit family shelters, but most families with children receive services through the state. Experts say a state-run shelter system like this is highly unusual.

The phone line troubles Paula encountered have become the norm, Alfred said. During the pandemic, the state closed field offices and directed families to apply for shelter by phone. Program staff continue to instruct people to use the hotline.

“Pre-COVID, you could go into the office, and you could sit there all day,” Alfred said. “But at least if you were there with your suitcases and your kid, there is some way that DHCD understands that they need to deal with you.”

Read more at WBUR.

‘I’m at my wit’s end’: Welcome to the underbelly of the region’s housing crisis (The Boston Globe)

Attorneys Zoe Cronin of Greater Boston Legal Services and Rochelle Jones of the Volunteer Lawyers Project, both pictured above, were featured in a Nov. 12 Boston Globe article for their work representing people in housing court in the aftermath of COVID eviction moratoria expiring.

An excerpt of the article is below.

Criminal court proceedings where the defendant faces possible prison time guarantees the right to a defense lawyer, but there is no such safety net for housing court. This means that many tenants who can’t afford a lawyer are battling potential eviction by taking it upon themselves to duel with polished attorneys representing landlords.The tenants often struggle to navigate the complexities of housing law and courtroom procedure. Louis is one of the lucky ones. She has legal representation: Zoe Cronin from Greater Boston Legal Services.

Many tenants are not so fortunate.

As of the end of October, there were 15,556 residential eviction cases brought this year in Massachusetts for non-payment of rent. Those cases include 21,629 defendants, the vast, vast majority of whom are defending themselves without a hired attorney. (Nearly 97 percent are pro se.) By contrast, only about 12 percent of landlords who bring forward eviction cases do so without a lawyer to represent them, according to statistics from the Massachusetts Trial Court.

Volunteer lawyers help both pro se tenants and landlords craft motions or offer representation during a mediation session, and, in some cases they offer full representation. The “lawyer for a day” program sets up shop outside a bank of courtrooms on the fifth floor. Many tenants, said Rochelle Jones, the housing and appeals staff attorney for the Volunteer Lawyers Project, struggle to articulate and defend themselves, to explain to the court what is happening in their living situation.

“The legal system is complicated, it’s complex,” she said.

Read more in The Boston Globe.

MLRI class action lawsuit seeks to restore stolen SNAP food benefits (Various outlets)

CommonWealth Magazine, WWLP, and CBS News recently reported on a class action lawsuit filed by the Massachusetts Law Reform Institute against the Department of Transitional Assistance that would require the state to pay food benefit recipients back aid money stolen through “skimming.” “Skimming” is a technique by which criminals attach a device to a point-of-sale terminal, such as an ATM or a store’s card-swiping machine, to steal the household’s account number and PIN. MLRI attorneys Deborah Harris and Betsy Gwin (pictured above) were quoted in news coverage of the lawsuit.

Below are excerpts of the articles.

CommonWealth Magazine (Nov. 7):

“What should not happen is that somebody fills up their grocery cart at the supermarket, gets to the checkout line and discovers there are no benefits in the account and they can’t feed their family that month,” said Deborah Harris, a Massachusetts Law Reform Institute attorney who filed the suit. “That is not acceptable. Either the federal government or the states have to step up to the plate.” 

Read more in CommonWealth Magazine.

WWLP (Nov. 8):

Plaintiffs allege that DTA declined to restore the stolen and spent amounts because the U.S. Department of Agriculture “has told states that USDA, which in most cases pays the full cost of SNAP benefits, will not cover the restoration costs,” the lawsuit reads. “Low-income families count on their SNAP benefits to put food on the table each month,” Betsy Gwin, a staff attorney at MLRI, said in a statement. “When criminals steal families’ SNAP, our federal and state governments must step up to restore the lost benefits.”

Read more at WWLP.

CBS News (Nov. 18):

The cases in Massachusetts may represent just a fraction of Americans who lose their benefits to theft, with the U.S. Department of Agriculture last month flagging it as a growing problem. About 41 million Americans currently rely on the Supplemental Nutrition Assistance Program, or SNAP —the formal name of the food-stamp program — for food assistance. 

Skimming “is an extensive issue that extends across the country,” Gwin added. “The difference we see is the lack of federal protections for EBT users.”

Read more at CBS News.