Tag Archive for: Greater Boston Legal Services

SafeRent Solutions accused of illegally discriminating against Black and Hispanic rental applicants

Greater Boston Legal Services, the National Consumer Law Center, and law firm Cohen Milstein filed a federal lawsuit on May 25 against SafeRent Solutions, LLC alleging that the national tenant screening provider has been violating the Fair Housing Act and related state laws for years. SafeRent, formerly known as CoreLogic Rental Property Solutions, provides tenant screening services that disproportionately give low scores to Black and Hispanic rental applicants who use federally funded housing vouchers to pay the vast majority of their rent, causing them to be denied housing.  The lawsuit alleges that SafeRent’s algorithm has a disparate impact based on race and source of income, in violation of federal and state laws.

“As stated in the complaint, while SafeRent considers applicants’ credit history, including credit-related information, including non-tenancy debts, and eviction history in calculating SafeRent Scores,” said Todd Kaplan, senior attorney at GBLS, “SafeRent’s algorithm does not consider the financial benefits of housing vouchers in assigning SafeRent Scores. On average over 73% of the monthly rental payment is paid through these vouchers.”

“Racial disparities in credit history and credit scores not only reflect historical racial disparities in wealth, but also perpetuate wealth inequalities through reduced financial opportunities and fewer financial safety nets, which hinder a consumer’s ability to accumulate present or intergenerational wealth through homeownership or other financial investments,” said Ariel Nelson, staff attorney at NCLC.

Read more at NCLC or on Inman, a real estate news source.

GBLS represents residents seeking to buy and preserve Fenway roominghouse

Longtime residents of a Boston roominghouse in the Fenway neighborhood are seeking to acquire the property to maintain its historical use as affordable housing for women and prevent a potential sale to a for-profit developer.

Seven residents of Our Lady’s Guild House submitted a bid on the 20 Charlesgate West property this month. Greater Boston Legal Services is representing the group and will ask the attorney general’s office to block any sale that would convert the building into market-rate apartments, attorney Margaret Turner said.

“The charitable purpose of OLGH Inc. is to provide permanent [single-room occupancy] housing for low and moderate-income women,” Turner said. “The proposed sale to the highest bidder will undermine this purpose.”

Read more in Banker & Tradesman.

Letter: State measure goes too far in its provisions for de facto parents

Laura W. Gal, managing attorney for family law, Greater Boston Legal Services; Heather Gamache, president, Women’s Bar Association of Massachusetts; Anna S. Richardson, co-executive director, Veterans Legal Services and Jamie A. Sabino, staff attorney, Massachusetts Law Reform Institute, responded on Monday in a letter to The Boston Globe regarding the paper’s editorial, “For LGBTQ parents, unfinished business in the fight for equality.” They write:

“As organizations representing a diverse range of individuals and families, we support enactment of all elements of the proposed Massachusetts Parentage Act that enable families to begin a child’s life with the security of fully recognized legal parents, whether through genetics, marriage, adoption, surrogacy, or reproductive technology. Equity under the law is essential.

The bill’s de facto parent section, however, goes well beyond this necessary goal. It would allow stepparents, grandparents, and other caretakers to use litigation to become third (or fourth, and so on) parents to a child, over the objections of one or both of the child’s fit parents. The Globe’s endorsement of the legislation, seemingly without consideration of the consequences of this section, is disappointing.

The overbroad de facto parent provisions would allow a wide range of court battles that could drag on and destabilize children’s lives for years. Divorced parents would find themselves in court with ex-partners of their ex-spouses. Domestic violence survivors would face harassing litigation from their former abusers. Members of the armed services would be forced to defend cases filed while deployed. These are just a few examples of the implications.

Current Massachusetts law allows de facto parents to request visitation. This serves children well. Expanding de facto parentage would not.”

Read more in The Boston Globe.

Law meant to clear old convictions, including for marijuana possession, helps few

Pauline Quirion, the lead attorney for Greater Boston Legal Services (GBLS), was quoted in a Nov. 28 Boston Globe article about a case the organization is bringing to the Supreme Judicial Court to appeal the expungement of old cannabis charges.

When state legislators passed a criminal justice reform bill in 2018, Massachusetts residents won the ability to clear away certain criminal records — including convictions for marijuana possession and other now-legal activities — that can make it difficult to land a job, rent an apartment, and otherwise move on with life.

But three years later, only a fraction of those who are likely eligible for relief have had their records expunged.

“The onus ends up being on the individual to know about [the expungement] program and take action,” Quirion said. “The tragedy for a lot of folks is that we usually see them after the fact, when they’ve lost their dream job or something.”

Read more in The Boston Globe.

Advocates push for boost in welfare payments

…In Massachusetts today, around 30,000 low-income households are receiving cash assistance through Transitional Aid to Families with Dependent Children, or TAFDC. Nearly 20,000 additional households, primarily adults who are elderly or have disabilities, receive money from a program called Emergency Aid to the Elderly, Disabled, and Children. A family of three on TAFDC receives $593 a month, with the potential for another $40 housing subsidy. A single person on emergency aid for the elderly gets $303. Neither program adjusts grants with inflation. TAFDC was last increased in 2000, and EAEDC in 1988…With the current grants, said Deborah Harris, a staff attorney at the Massachusetts Law Reform Institute who is spearheading the campaign, “Families really struggle to pay for basic necessities.”…“No matter how carefully you budget, $593 is just not enough to support a family of three in Massachusetts,” said Naomi Meyer, a senior attorney of Greater Boston Legal Services. “We want to make sure that our safety net is playing the role it’s supposed to of actually supporting our families and our kids.” Read more in Commonwealth Magazine.

Ministering To Puerto Rico’s Pain: Civil Legal Aid Lawyers Assisting Those Seeking Mass. Refuge

This post first appeared on WGBH News.

By Jacquelynne Bowman and Lonnie Powers

Five months after Hurricane Maria devastated Puerto Rico, the situation on the island remains dire, and states throughout the nation have welcomed Puerto Rican refugees—who are U.S. citizens—to the mainland. Here in Massachusetts, several thousand Puerto Ricans have sought refuge with friends and relatives, mostly in SpringfieldNew BedfordWorcester, and Boston. Massachusetts public schools have already enrolled approximately 2,000 students from the hurricane-ravaged island. In his state of the Commonwealth address this week, Governor Charlie Baker said that state agencies are working to streamline services for thousands of Puerto Rican residents as they settle in Massachusetts. And he has previously said that Puerto Rican refugees would be in need of “financial assistance, housing, health care, jobs or reunification services.”

These new residents will also require civil legal assistance. Civil legal aid attorneys have long played a critical role in helping people recover from natural disasters. They accelerate the recovery process for people with limited financial resources by helping them resolve housing issues, replace important legal identification papers, make insurance claims, apply for FEMA benefits, combat contractor scams that often proliferate in the aftermath of widespread property destruction, and deal with other unforeseen legal matters that surface in chaotic times. Even child custody issues can arise if a parent is forced to seek safety far from their storm-damaged residence.

That’s why the Louisiana Civil Justice Center (LCJC), an organization founded in the aftermath of Hurricane Katrina to provide disaster legal aid to its victims, sprang into action last September after Hurricane Irma lashed the Virgin Islands, followed shortly thereafter by Hurricane Maria’s wrath. In partnership with FEMA and the American Bar Association, LCJC deployed its disaster legal hotline as a central intake point for hurricane victims to receive legal information and referrals to appropriate agencies and legal advocates.

“The devastation in the U.S. Virgin Islands and Puerto Rico is likely to be a Katrina-level event,” said LCJC Executive Director Jonathan Rhodes in announcing the plan. “Of the many lessons learned from Hurricane Katrina, we know the value of legal assistance as survivors rebuild homes and communities.”

This burgeoning need was very much on the minds of attorneys lobbying the state legislature a few weeks ago for increased investment in civil legal aid. Chief Justice Ralph Gants of the Supreme Judicial Court addressed over 650 attorneys at the State House before they fanned out to meet with lawmakers, and reminded them of the increased burden on civil legal aid programs that will be assisting numerous Hurricane Maria refugees.

As civil legal aid programs in Massachusetts rise to meet the needs of Hurricane Maria refugees, they do so on top of existing needs among some of the Commonwealth’s most vulnerable residents. Civil legal aid programs help people avoid homelessness and unemployment, gain access to health care and veterans’ services, receive a quality education, and escape domestic violence. Currently, lack of funding forces civil legal aid programs in Massachusetts to turn away approximately 65 percent of eligible residents who seek services—nearly 45,000 people each year. To be eligible for civil legal aid, applicants must have incomes at or below 125 percent of the Federal Poverty Level, which is $31,375 a year for a family of four.

The work of legal aid programs does not just benefit clients. The return on the state’s investment in civil legal assistance is high. In fiscal year 2016, new revenue for legal aid clients and cost savings to the Commonwealth from legal aid work totaled an estimated $49.2 million, of which $15.9 million was in the form of new federal revenue.

But that’s not why we should invest more in civil legal aid. As Gants also reminded us on Thursday, the best way to judge a society is by how it treats its most vulnerable members. Those who are eligible for civil legal aid, among them Hurricane Maria refugees, are among our most vulnerable neighbors and we should be giving them all the help they need.

Lonnie Powers is the Executive Director of the Massachusetts Legal Assistance Corporation. Jacquelynne Bowman is the Executive Director of Greater Boston Legal Services.

How civil legal aid assists older adults

This post was first published on Huffington Post.

By Lonnie Powers

The president of the United States is a 71-year-old reality TV star. One of his fiercest critics is the acid-tongued Rep. Maxine Waters, age 79. At age 81, public radio host Diane Rehm married a 78-year-old. At a relatively youthful 68, rock god Bruce Springsteen’s solo acoustic show is one of the hottest tickets on Broadway, while celebrated fiction writer Amy Tan, 65, is earning acclaim for adeptly tackling the art of memoir with “Where the Past Begins.”

These influential older Americans are emblematic of the cultural shift that began in our country when the baby boom generation (those born between 1946 and 1964) reached retirement age in 2011—and will continue for decades to come. Census figures show that the number of U.S. residents ages 65 and over grew from 35 million in 2000 to 49.2 million in 2016. The Population Research Bureau says that between 2020 and 2030 the number of seniors will increase by 18 million; by 2060, close to one quarter of Americans will be 65 or older.

The graying of the U.S population affects all areas of our society—from the economy and the labor force to our health care system and federal safety net programs like Medicare and Social Security. A recent POLITICO story about a brewing crisis in the U.S. hospice care system, for example, sounded the alarm on the urgent need for the health care field to quickly adapt if we are to effectively meet the needs of our country’s rapidly ballooning and long-lived senior population.

“With baby boomers aging and likely to live with serious illness for several years, understanding how best to take care of the aged and the dying is becoming an ever more pressing issue in America—emotionally, morally, and financially,” writes POLITICO Health Editor Joanne Kenen. Reinforcing that point, geriatrics expert Joan Teno has said, “We need to address this very quickly. The tsunami of frail elderly people with complex multiple illnesses is coming.”

Indeed, not every older American enjoys the abundant resources of the likes of Bruce Springsteen or the health care and financial security provided by a Congressional retirement plan. Right now, about 6.4 million older Americans live in poverty—defined by the federal government as an annual income of $12,060 or less. While the poverty rate among the elderly has declined over time, senior care experts project that millions of seniors will struggle financially in the coming decades due to cuts to safety net programs, shrinking employee pension programs, longer life spans, rising health care costs, inadequate retirement savings and other demographic and lifestyle factors. Justice in Aging, a civil legal aid organization dedicated to elder issues, projects that by 2030, 72 million seniors will be living in poverty and that senior homelessness will increase by 33 percent by 2020.

Preventing a crisis of elder poverty and helping older adults live safe and fulfilling lives will require greater advocacy from and on behalf of seniors, creative policy making, and new community partnerships. We must also strengthen existing programs that have proven effective in helping vulnerable elders—Social Security, Medicare and Meals on Wheels—and, of course, civil legal aid.

Civil legal aid, which provides free legal assistance and representation to low-income people facing non-criminal legal issues, is a potent tool to assist vulnerable seniors in securing proper health care and housing, to protect them from physical abuse and financial exploitation, and to get access to other benefits and services to help keep them solvent.

In Massachusetts and around the country, many legal services organizations have units dedicated exclusively to addressing the legal needs of the elder population. For example, Greater Boston Legal Services’ (GBLS) Elder Abuse Prevention Project, in addition to providing direct services to elder clients, provides training for care providers, community members, and seniors to raise public awareness of the forms such abuse can take. GBLS is playing a role in assisting the increasing number of elders who are falling victim to abuse by opioid addicted family members, a side effect largely overlooked until recently.

The organization recently helped “Pauline,” a 77-year-old Chelsea woman, avoid eviction after her daughter’s unwanted presence in her apartment drew the attention of the woman’s landlord. The daughter had originally moved in with Pauline after GBLS helped the family qualify for a federal stipend that compensated the daughter for caring for Pauline. Unfortunately, the daughter took advantage of the situation, using the apartment for activities prohibited in the lease. Pauline made her daughter move out.

Pauline was injured shortly afterward, requiring hospitalization followed by a stay in a nursing home rehab unit. Unbeknownst to her, Pauline’s daughter had moved back into her apartment during this time, prompting the landlord to initiate an eviction. GBLS, however, negotiated an agreement that enabled Pauline to keep her apartment provided she received care from a different family member and her daughter stayed clear of the premises. GBLS also advocated on Pauline’s behalf to ensure she received proper follow-up care upon discharge from the nursing home. These arrangements enabled Pauline to spend the last two weeks of her life back in the home that she loved and fought so hard to keep.

MetroWest Legal Services’ (MWLS) Senior Citizen’s Legal Project assists elders in central Massachusetts with housing needs, health care directives, nursing home issues, domestic relations, and other issues. In one instance, they prevented Florynce, a senior living alone in Watertown, from becoming homeless after a $500 rent increase forced her to seek a new place to live. Before a MWLS attorney began advocating on Florynce’s behalf, her landlord was refusing to negotiate a lease extension to give Florynce time to obtain senior housing through the local housing authority. The attorney negotiated the lease extension and brought Florynce to the attention of the housing authority director, who approved a measure to give Florynce priority on the housing waiting list. A few weeks before her lease extension expired, an apartment opened up and Florynce made a smooth transition to her new home.

These are but two examples of the life-sustaining assistance that civil legal aid can provide to low-income seniors. As we face a future of assisting and caring for a disproportionately large population of senior Americans, we’ll need innovations in health care, housing, transportation and other infrastructure to adequately and safely meet their needs. But we must also continue critical existing services. Civil legal aid has long been an effective means of advocating for the needs of vulnerable seniors individually and systemically. Given all the looming challenges, now is an opportune time to strengthen and expand our country’s network of civil legal aid programs.

Lonnie Powers is executive director of the Massachusetts Legal Assistance Corporation.

Employing Civil Legal Aid in Closing the Wage Gap

By Lonnie Powers

Here’s an economic statistic that holds true in almost every part of the world: women are significantly more likely to be poor than men. In the United States, 16 percent of women live below the federal poverty line, compared with 12 percent of men.

Why is this? When we think about gender inequality in the workplace, it’s often in the context of the “wage gap,” the well-documented phenomenon of women making less than their male colleagues for the same amount of work. Though more American women are finishing college these days than men, a woman with a bachelor’s degree can still expect to take home a lower salary than a man with the same degree. Averaging incomes across the nation, women make about 78.3 cents for every dollar earned by men. President Obama, who signed the Lily Ledbetter Fair Pay Act into law at the very beginning of his first term, has often called for measures to close the wage gap; however, income averages have moved very little over the past seven years, even at the White House.

But comprehensive data from the Institute for Women’s Policy Research shows that closing the wage gap will not, of itself, solve the problem of female poverty. The likelihood of a woman being poor is closely tied to racial and socioeconomic factors that also affect men of the same background. The special economic pressures and social expectations that women live under, however, make them uniquely vulnerable to sliding deeper into poverty over time. Out of all the household types in the U.S., single mothers with children are the most impoverished by a large margin, bringing in lower incomes than single fathers with children, or childless single individuals of either gender. Women with limited support networks, who are attempting to allocate limited time and limited funds among the demands of employment, childcare, and household and medical needs, are often one misfortune from economic disaster.

So it’s not at all surprising that civil legal aid organizations, which assist low-income individuals and families who are facing non-criminal legal issues like eviction, unfair employment practices, and barriers to critical social safety nets, report that a whopping 70 percent of their clients are women.

Typical among these women is Carmelita, a healthcare worker and single mother from Boston’s Mattapan neighborhood. After Carmelita’s 7-year-old daughter was diagnosed with mental and psychological disorders, Carmelita asked that her full-time hours be reduced so that she could spend more time caring for her daughter–a job that too often fell to Carmelita’s 17-year-old son, at the expense of his educational needs. With no part-time work available at the health center where she was employed, Carmelita was forced to choose between her job and her daughter’s health and well-being. She resigned her position to seek a part-time job.

Carmelita believed she’d be eligible for unemployment benefits while she sought part-time work because she had left for a good reason. However, under a Massachusetts Department of Unemployment Assistance regulation, anyone looking for part-time work after a recent history of full-time employment was automatically denied benefits. Carmelita was told she could appeal, but her chances of prevailing seemed slim―until she contacted Greater Boston Legal Services. A legal aid attorney represented Carmelita at the appeal, and successfully argued that the unemployment regulation had exceptions for people with disabilities and it should be the same for the caretaker of a child with disabilities. The case set a precedent for other working parents to receive the same protection. Civil legal aid spared Carmelita and her family from financial ruin. More important, her daughter’s condition improved significantly.

Poverty has more than one cause. Naturally, fighting poverty requires more than one simple solution. In addition to closing the gender wage gap, the enactment of employment reforms that would give the most vulnerable women–low-income mothers who are the primary caregivers of their children–true stability is critical to fighting poverty among women. Onsite childcare options, or pay increases sufficient to cover the cost of childcare, would allow women to securely hold down a job instead of relying on ad hoc childcare arrangements, or being forced into poorly compensated part-time work. Paid maternity leave, a mandatory employment policy in every other developed country, would also give women the ability to care for newborn infants without risking their financial livelihoods. In Boston, Mayor Marty Walsh recently instituted a paid parental leave policy for all City of Boston employees, while Massachusetts Attorney General Martha Healey has done the same for her employees. Other employers should follow their lead and look for creative ways to address pervasive economic injustices.

Lonnie A. Powers is the Executive Director of the Massachusetts Legal Assistance Corporation. He has more than 40 years of policy and legal experience at the state and national levels, having devoted the majority of his career to establishing, building, sustaining and revitalizing legal aid organizations. Lonnie began his legal career in his native Arkansas, first with the Attorney General’s Office and later with Legal Services of Arkansas, where he served as Executive Director.