Testimony before the NYC Office of Civil Justice’s 7th Annual Public Hearing on Universal Access to Legal Services for Tenants Facing Eviction – By Muhammad U. Faridi, President

Chief Judge Wilson, Chief Administrative Judge Zayas, Presiding Justices Renwick, LaSalle, Garry, and Whalen, and New York State Bar President Napoletano:

It is my honor to appear before you on behalf of the New York City Bar Association to discuss the need for increased funding for civil legal services in our State.

I want to begin with some foundation for my testimony.  Our bar association contains approximately 150 committees, many of which focus their work on substantive areas of the law impacting New York’s poorest and vulnerable residents.  Equally important, the City Bar’s legal services affiliate, the City Bar Justice Center, leverages pro bono assistance from the private bar to provide free civil legal services that benefit over 25,000 New Yorkers each year.

At the outset, I want to highlight the difference that the provision of free civil legal services can make.  In the housing sector, for instance, the data show that the provision of counsel to those facing eviction in New York City has reduced evictions by 30% and has helped 84% of represented tenants remain in their homes.  In the immigration arena, the provision of free civil legal services significantly improves the chances of securing legal immigration status.  The data show that detained immigrants with representation were nearly 11 times more likely to seek asylum or other relief than those without it.  And represented, non-detained immigrants were nearly 5 times more likely to obtain relief than those who were unrepresented.

The need for civil legal services is increasing as New York moves further from pandemic aid programs that lifted many of our neediest residents.  I’ll provide some data based on our experience.  The City Bar Justice Center assisted nearly 26,000 New Yorkers in need in the past year.  We closed 6% more cases than the prior year.  We saw 17% more use of our online resources and information.  And we had to redouble our community outreach efforts, which resulted in a 168% increase in people assisted through that aspect of our work.

But despite increased staffing and increases in staff efficiency, the data for our free civil legal hotline, which is in many ways the gateway to our access to justice projects, show that in recent months our staff did not have the time or resources to respond to 8 out of 10 hotline callers.  This is a consistent and concerning trend.  It is about 33% higher than historical rates.  And that is despite the fact that our hotline staffing as well as staff efficiency has improved.  Quite simply, existing resources do not meet the growing need for civil legal services.

Based on our experience and analysis, there are three communities where the need for free civil legal services is the most acute—children and youth, seniors, and immigrants.

• The poverty rate among children in New York City is more than double the national average (25% in the City vs. 12% nationally). This represents a steep increase since the pandemic, when it had dropped to about 15%.  The City Bar Justice Center data show that our services for households with children and youth under the age of 25 increased 19% from 2020 to 2023.  But we are not able to assist everyone who seeks our help.
• At the other end of life’s spectrum, the senior population in New York City (individuals aged 65+) increased by about 363,000 between 2011 to 2021. Unfortunately, poverty rates among New York City seniors also increased, hitting 24% in 2022.  The data compiled by the Legal Services Corporation show that over 70% of low-income senior households had at least one legal problem in the past year, and over 91% of that cohort received insufficient or no legal help for these problems.  The data from the City Bar Justice Center hotline show that our services assisting those aged 60 and over have increased each year since 2020.  The 2023 case count is 33% higher than the pre-pandemic case count for hotline services assisting those aged 60 and over.  Again, as with young people, we are unable to assist everyone who seeks our help.
• With over 200,000 migrants who arrived in New York City in the last two years, the legal services provider capacity is at a breaking point. The City Bar Justice Center’s immigration caseload has increased 30% from 2019 to 2023, and our caseload six months into 2024 is 39% higher over the same period in 2023.  We need more resources to meet the critical needs of the migrants and ensuring that New York remains a place where immigrants can find a new home and build a new life.

Our experience also shows that civil legal services funding is a good investment.  In our most recent fiscal year, City Bar Justice Center services realized $14.4 million in measurable direct financial benefits for our clients, representing nearly a 300% return on investment relative to our budget, but stemming from under 3% of total caseload.  And there are numerous successful matters—e.g., securing asylum, resolving a landlord/tenant or family law dispute—that do not have a quantifiable financial value, but have tremendous human value in freedom secured, rights vindicated, and stresses alleviated.

Finally, a few words about what concrete increases in funding might accomplish.  Despite staffing increases and increased staff efficiency, the City Bar Justice Center’s legal hotline does not have the resources to connect with up to 80% of those seeking our assistance.  Our analysis shows that, just $163,000 in additional annualized funding could result in an additional 2,000 hotline matters being addressed each year (a cost of $81.50 per matter).  And an additional $1 million could support over 12,000 more legal hotline cases benefiting roughly 25,000 more New Yorkers in need in one year.  We can really use additional financial resources, and our work will make a significant difference in the lives of those who we serve.

Thank you very much for continuing to assess the need for resources that are necessary to improve access to civil justice for low-income and vulnerable communities.