22 | May/June 2022 | BAEC Bulletin In the Public Service ECBA VOLUNTEER LAWYERS PROJECT
VLP’s Housing and Family Units Answer the Calls BY CHRISTINE MCMENAMIN AND LORI ROMAN GENOVESE We knew it was coming . . . the wave of eviction cases post moratorium. They’re here and hundreds of low-income clients are calling the Housing Helpline or appearing at Buffalo City Court weekly in need of help. As for our Family Court Help Desk, while still operating remotely, the phone hasn’t stopped ringing since March of 2020. Here’s a look at how our staff attorneys and attorney volunteers are responding to the needs of so many and information on how you can help. Attorney of the Morning Program The COVID-19 pandemic drastically changed landlord- tenant law. Although many tenant protections such as the eviction moratorium have ended, many changes remain. Landlord-tenant court procedures now look significantly different than pre-pandemic times. Eviction cases are moving forward again due to the end of the New York State eviction moratorium on January 15, 2022. Now that evictions are forging ahead, the number of court cases has dramatically increased. The Attorney of the Morning Program is busier than ever, handling a backlog of cases previously adjourned due to the pandemic as well as new filings since January 15, 2022. In December 2021, the newly created Erie County Landlord-Tenant HUB Court launched. This innovative new project combined all Erie County town and village landlord tenant proceedings into one part housed at Buffalo City Court. Cases are heard virtually by the Primary Landlord- Tenant Hearing Officer in Buffalo City Court. HUB Court is in session Monday through Thursday afternoons, with 30 cases heard daily. Historically, lack of resources has led to a severe shortage of attorneys available to represent tenants outside the city of Buffalo. VLP, Neighborhood Legal Service, Center for Elder Law and Justice and the Legal Aid Bureau of Buffalo
have joined forces to provide representation to eligible tenants with cases in HUB court. Additionally, because all town and village cases will be heard by the same hearing officer, HUB court will provide consistency in outcomes across the County. VLP is excited to be on the forefront of this new endeavor. In addition to the backlog of eviction cases, the pandemic has caused many tenants to fall behind in their rent. The New York State Emergency Rent Assistance Program (ERAP), opened in June 2021, allowed tenants and landlords to apply for rent arrears assistance for up to fifteen (15) months. Over 42 million dollars in rental arrears have been paid through the ERAP program. Unfortunately, ERAP has announced they have run out of funds to pay rent arrears for anyone who applied after September 21, 2021. We remain hopeful that the program will be revived this budget year. In the absence of new ERAP funds, there are local programs that are continuing to assist tenants with rent arrears. Stand Up Buffalo for City of Buffalo residents and the COVID-19 Assistance and Living Management (CALM) programs for Erie County residents, continue to assist tenants with up to six (6) months of rent arrears to prevent eviction. The Erie County Department of Social Services also helps tenants with emergency rent assistance. Now, more than ever, VLP needs attorney volunteers to assist tenants. Our most immediate need is attorneys to volunteer at our Attorney of the Morning Program on Tuesday and Thursday mornings at Buffalo City Court. Attorney volunteers receive free pro bono CLE credits for volunteering and are covered by VLP’s malpractice insurance. No prior experience in landlord-tenant law is necessary. To sign up, please contact Christine McMenamin, Housing Senior Staff Attorney, at (716) 847- 0662 ext. 348 or cmcmenamin@ecbavlp.com. Family Court Help Desk Nothing could be more stressful than believing your
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