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PUBLIC TESTIMONY

Testimony by Evan Ma, Staff Attorney at Brooklyn Defender Services on Tenant Protection Bills

2:02:58

·

3 min

Evan Ma, a staff attorney at Brooklyn Defender Services, testified in support of several bills aimed at protecting tenants from illegal evictions and lockouts. He emphasized the importance of these protections for vulnerable renters, particularly those in informal living situations or facing criminal charges.

  • Ma strongly supported Intros 621, 622, and 623, highlighting their necessity in preventing illegal lockouts and protecting occupants without formal leases.
  • While supporting the goal of Intro 993, Ma recommended revisions to provide more detailed guidance and suggested designating an agency other than the NYPD to implement it, citing concerns about potential escalation and safety risks.
  • The testimony underscored the need for nuanced responses to specific housing issues and the potential positive impact of the proposed laws on thousands of New Yorkers.
Evan Ma
2:02:58
Thank you.
2:02:59
Good morning, and thank you for the opportunity to testify.
2:03:02
My name is Evan Ma, and I'm a staff attorney in the civil justice practice at Brooklyn Defender Services.
2:03:07
I have worked providing legal services to low income tenants since 2014.
2:03:12
We at BDS commend this committee's efforts to establish further protections for the most vulnerable renters of New York City with a slate of bills.
2:03:19
BDS's civil justice practice aims to reduce the civil collateral consequences for the people we serve who are involved with the criminal, family, or immigration legal systems.
2:03:28
Due to our model of representation, we often work with New Yorkers before they even get to housing court.
2:03:34
Our clients are more likely to be in informal or unstable living situations with landlords or roommates who may resort to self help eviction.
2:03:41
Temporary orders of protection are an almost automatic part of most criminal cases.
2:03:46
These orders require relatively little evidence and yet have immense power to separate families.
2:03:51
Our clients facing criminal charges almost always have these orders issued against them.
2:03:55
And too often, landlords feel empowered to evict our clients based on the order of protection alone and without filing a petition in housing filing a petition in housing court.
2:04:02
We are often able to intervene during these situations, but, of course, there are countless tenants who do not have that legal assistance.
2:04:04
We applaud intros 6021, 6022, and 6023 as necessary protections against illegal lockouts.
2:04:14
And I'll speak specifically on our, support of 60 22.
2:04:18
Even though it is illegal to evict anyone who has lived in their apartment for more than 30 days without going through housing court, extrajudicial evictions are still very common, as you know.
2:04:27
Many of these illegally evicted residents are known as occupants, meaning they likely don't have long term rights to the apartment.
2:04:34
Most housing court judges have determined it would be futile to restore such occupants to their homes and dismiss their illegal lockout proceedings.
2:04:41
This practice, of course, does immense harm to the tenants who are illegally evicted.
2:04:44
It also harms any tenants who are deterred from asserting their rights in housing court due to the chilling effect of this judge made law.
2:04:52
It empowers more landlords to rely on illegal lockouts without representation.
2:04:56
Today's bills would protect the rights of all renters and ensure that illegal lockout victims, even those without a formal lease, would have would have recourse in housing court to return to their home.
2:05:04
Can I finish quickly?
Pierina Sanchez
2:05:05
Please conclude.
2:05:06
Yep.
2:05:06
I'd summarize.
Evan Ma
2:05:09
Although we support the goal of intro, 993, we recommend that it be revised to provide detailed guidance about the specifics of this new process and to designate a different agency other than the NYPD to fulfill its goals as a public defender office.
2:05:21
We see how granting broad discretion to the NYPD NYPD and adding armed officers to already volatile situations can quickly escalate and result in irreparable harm for New Yorkers.
2:05:30
Many of our clients understand that calling the NYPD is often an extremely risky proposition for their own bodily safety.
2:05:37
We advocate for a version of this bill that would empower a different city agency to effectuate, its goals.
2:05:43
Housing is human right.
2:05:44
Although the city could go further to protect the housing rights of all residents and ensure that housing court works fairly, this slate of proposed laws contains nuanced responses to specific and niche housing issues that will affect positive change for thousands of New Yorkers.
2:05:57
Thank you so much.
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