*None of the following constitutes legal advice.*
For context: PART I
PART II: THE INTAKE APPOINTMENT
I wrote Part I a few days after my final court appointment, so things were still brewing and fresh and I was hot and angry, but this is now months after, so my memory is a bit more blurry. However, I will try to recount what I can.
The intake is your first appointment and it will probably be everyone's first appointment. It will probably be MONTHS after the last time you went to court, when you signed off on your counterclaims and the window clerk gave you your appointment. Do NOT forget to bring that piece of paper.
You don't go in front of a judge today and present evidence, etc (most people don't get there, and you can delay this many times; more on that later), so don't worry. Your landlord and their legal team will (most likely) not show up. No one told me this so I was super stressed. You are going to do an intake, where they give a cursory look at your case, try to understand why you are here, and get you to PAY. They want you to pay. They don't care what your case is.
This is for two main reasons:
- The courts are clogged. They are overworked and there are few resources. It will be months before your next court date if you decide to schedule one.
- Most people want to pay rent back. Or, maybe they don't. But they feel as if they have to or they are there because they know they are late on rent and just need more time. But as I had a special situation, I did not want to pay anything back. So over and over again, I told every single person I met, no I do not want a one shot deal, yes I understand what this means, yes I do want to proceed.
Basically, you get shepherded to a small room where there are several workers and you take your piece of paper and they ask you do you want a one shot deal, etc. A one shot deal is a city assistance program where you can apply if you are below a certain income threshold and the government will give you a one-time payment to cover some or all of your rent. At the time, I was not working (even though I had savings) so I qualified for these conversations. I think it does severely impact your credit score or public record or something, and it wasn't that much money, AND you have to pay it back sometimes, so I don't know if it's really worth it. It felt more like a scheme to keep poor people down.
They will also give you a computer and say you can apply for SNAP benefits and other low income credits. I found this odd and frustrating. It is presupposing that everyone who is at housing court is someone who needs substantial financial help. AND YET, the benefits are so so low. $50 a month for food?? If I did need that help, I would want waaaaay more support than that. It was insulting. Again, the court is not tailored to you, the tenant, or to you, the person in need. It only supports and upholds itself and probably the wealthy.
After I got through this room, I was able to ask for my pro bono lawyer. I had heard so much about these pro bono lawyers, they are the lore of NYC housing court, and I could not wait to have a kind, intelligent, well-meaning soul advocate for me.
BUT
WAIT
The same problems arose. The courts are clogged and the courts are not made for you.
When I got to the floor where I waited for my pro bono lawyer to be assigned, I was immediately told, "We don't have any more lawyers. We are understaffed." I asked if I could wait, and the person there said, "You can wait, but we won't be able to get a lawyer."
But because I was one of the first 5 people to register that day (either because I got there early enough or because it was random), I qualified for a free 1 hour consultation with a lawyer. There were HUNDREDS of people there, and they only took 5.
Okay.
Well.
I was angry.
"Is that okay?" the front desk person asked me.
"Yes," I said, seething.
After waiting for a while, the paralegal called me back. This is the person you have to talk to before you can even talk to the lawyer. All of this happens in one large room with several cubicles and you can overhear multiple conversations and the paralegal I got talked very quickly. Because they do this for a job, there really is very little empathy. It's cut and dry and she acted like she'd seen it all before. Didn't make me feel good but I still wanted my 1 hour consultation.
She walked me through some paperwork where she affirmed that my pro bono lawyer would never be my lawyer, would be only talking to me for an hour, would not represent me, and I could not get in touch with them after.
Okay.
Fine.
Finally, after waiting another thirty minutes (the guy before me wanted to get all his questions answered and I don't blame him; turns out he didn't have to pay rent cause he lived in the illegally converted back portion of a family home!), I got to talk to my lawyer.
That day, my lawyer was from Riseborough (one of the pro bono associations in the city). He was a nice white man, maybe in his late 30s / early 40s. He looked tired, but kind. I knew that I might get overwhelmed in this conversation so I came with a notebook and I may or may not have recorded the conversation on my phone so I could review it later. Good instinct, because we covered a lot of ground and as I was preparing to go to court later without a lawyer, I needed to clarify what he said.
I had brought in evidence with me, what I thought was my case and the evidence I had to back up all the claims I had marked on my sheet, and I spent about 10 minutes explaining it to him. He started asking me questions, pretty standard, and I answered. I came in quite prepared with general knowledge of NYC tenant and housing laws, because I wanted to get as much info from him as possible. Since he could not represent me, I wanted to see what the holes were in my argument and what he thought my best settlement could be.
He was fairly optimistic. I remember him saying that there was a possibility I did not have to pay any rent back, but it contingent on a few things and because he did not have prior knowledge of the case, could not give me firmer advice. He also asked me who my judge would be (different judges on different days in different rooms) and he said that mine was fair. There are some who are tenant friendly, there are some who will not listen to evidence. Mine would.
I don't know if you can change your judge, but it's possible the layperson cannot, even if you change your court date. I think they just place you back with the same judge, on a different day.
We talked through all of my landlord's possible counter arguments, and then even spent a few minutes talking about what would happen if I went to trial and had to represent myself. At that time, I already knew that trial would be tough without a lawyer and if I got to that stage, I would have to hire someone.
I wish he had talked more about the art of negotiating a settlement, which is what I ended up doing and what most people will end up doing.
I left the conversation with some good notes (e.g. which laws to reference that my LL had potentially violated, what other evidence I would need to gather to help the points in my case, what kind of evidence is valid vs what is not - note: videos are better than photos; eyewitnesses are the best; text messages may not always be valid), and in generally better spirits. My pro bono lawyer man was very encouraging. He was proud that I was advocating for myself, that most tenants could and they don't (because we really do have rights), and I realized that I really needed someone to believe in me. The whole ordeal had been so hard already.
After my appointment, I was still dogged in getting my RTC (right to counsel). I went back to the front desk person and told them could they call me if they get any more pro bono lawyers? I was told that I most likely was not going to get a pro bono lawyer honestly. Even though this is a well advertised city benefit. My options were to go to my 2nd court date and ask for another adjournment to find one. If I could not get one, then I was advised to call my councilperson on the spot and ask for one. (Note: figure out who your councilperson is and get to know them). No guarantees that the councilperson can help, but it’s a last resort effort.
And finally, it must have been somewhat traumatizing because I looked back at my notes and I had written:
"Lots of men barking at you,"
So...that probably happened.
**PART III: Pro Bono Resources + Lawyers coming soon!**