Comptroller Lander To DSS Commissioner Park, 5.14.2024

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THE CITY OF NEW YORK

OF F I C E O F T H E C O M P T R O L L E R
BRAD LANDER
May 14, 2024

Commissioner Molly Park


New York City Department of Social Services
150 Greenwich Street – 31st Floor
New York, NY 10007

Dear Commissioner Park,

Since the City Council first passed “Right to Counsel” legislation in 2017, expanded legal representation
in Housing Court has proven to be an incredibly effective intervention to prevent homelessness. Your
Office of Civil Justice’s 2023 evaluation on the six-year implementation of universal access to legal
services showed that 84% of households that received full legal representation in an eviction proceeding
were able to stay in their homes. Unfortunately, for a number of reasons, the representation rate for
residents in eviction proceedings declined following the pandemic, leaving tens of thousands of New
Yorkers vulnerable since the end of eviction moratoria in January 2022.1

Data compiled by my office show that representation rates have been below 50% for most of the past two
years, dropping to a low point of 26% in December 2023. While we do not know precisely the rate of
representation for tenants who are eligible for full representation subject to Local Law 137 of 2017, Local
Law 54 of 2021, and Local Law 20 of 2023, demographic data from the neighborhoods from which the
majority of eviction filings emanate indicate that there are likely many residents who are eligible for full
representation who appear in Housing Court without an attorney. What’s more, the geographic and
demographic data indicate that the vast majority of New Yorkers who are appearing in Housing Court
unrepresented are Black and Brown New Yorkers – making this an issue of racial justice as well as
housing stability.2

One possible reason that representation rates remain low is the failure of one of the City’s key contract
providers to settle a labor dispute. The attorneys and support staff at Mobilization for Justice (MFJ), who
represent tenants through Universal Access to Legal Service contracts in Bronx (where 7 of the top 10
neighborhoods for eviction filings are located) and Manhattan, have been on strike since February 23rd of
this year – making it the longest work stoppage in decades within the legal services industry. We would
like to better understand the impact that MFJ management’s failure to reach a resolution with their
employees has had on the City’s ability to implement one of its cornerstone programs to prevent eviction
and homelessness.

To assist in this, we request the following information for all housing legal services contracts between the
City of New York and Mobilization for Justice, including but not limited to the contract IDs: CT1-069-
20248804787, CT1-069-20228800288, CT1-069-20248800092, CT1-069-20228800288, CT1-069-
20228800288.

1 https://www.nyc.gov/assets/hra/downloads/pdf/services/civiljustice/OCJ_UA_Annual_Report_2023.pdf
2 https://comptroller.nyc.gov/services/for-the-public/charting-homelessness-in-nyc/evictions/eviction-prevention/

DAVID N. DINKINS MUNICIPAL BUILDING • 1 CENTRE STREET, 5TH Floor • NEW YORK, NY 10007
PHONE: (212) 669-3500 • @NYCCOMPTROLLER
WWW.COMPTROLLER.NYC.GOV
1. Anonymized eviction case-level data from monthly reports dated February 2023 to May 2024,
including but not limited to:
a. Number of new cases opened each day
b. Each record of information about the outcome of each court appearance
c. Services rendered by the provider including but not limited to rent abatements or
reductions, negotiated buyouts, one-time or ongoing rental assistance
d. Activities conducted by the attorney, including but not limited to reporting on each trial
commenced, each answer filed or refiled, each motion and order to show cause filed,
each hearing conducted, and each appeal filed.

2. Case narrative information submitted through the most recent reporting deadline, for all cases in
the above.

Given the rise of evictions in New York City and the high demand for legal support amongst our most
vulnerable residents, it is crucial that our office receive this information in a timely manner. You may
reach out to Celeste Hornbach at [email protected] with any questions and to determine a
date by which DSS is able to provide the requested information.

Thank you.

Sincerely,

Brad Lander
New York City Comptroller

DAVID N. DINKINS MUNICIPAL BUILDING • 1 CENTRE STREET, 5TH Floor • NEW YORK, NY 10007
PHONE: (212) 669-3500 • @NYCCOMPTROLLER
WWW.COMPTROLLER.NYC.GOV

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