PUBLIC TESTIMONY
Testimony by Justin La Mort, Managing Attorney at Mobilization For Justice
2:10:36
·
154 sec
Justin La Mort, representing Mobilization For Justice, testified on proposed legislation to address illegal lockouts, focusing on Intros 622 and 623. He presented data on illegal lockout cases and discussed the impact of the futility doctrine on tenants' rights.
- Supported increased penalties for illegal lockouts but expressed concerns about restrictions on using housing subsidies
- Presented data showing that landlords involved in illegal lockouts often own multiple buildings
- Warned about potential unintended consequences of subsidy restrictions, which could lead to income discrimination
Justin La Mort
2:10:36
Good afternoon.
2:10:37
My name is Justin Lamort.
2:10:38
I'm a managing attorney at Mobilization For Justice.
2:10:40
MFJ has been fighting for tenants' rights for over 60 years, and we applaud the efforts to focus on illegal lockouts.
2:10:47
I wanted to focus on 622 and 623 specifically.
2:10:51
In terms of 622, what we try to do is we heard there's a lack of data.
2:10:55
So we randomly sampled 275 illegal lockouts, primarily Manhattan and Brooklyn, because the courts, use a particular numbering system.
2:11:04
But fortunately, due to privacy laws, this isn't data we can get from the Office of Court Administration.
2:11:09
Through that data, of those 275, around 4% of those cases ended through the futility doctrine.
2:11:15
Just to be clear, the futility doctrine was created by the courts with no basis in law for over a 100 years and allowed the courts to use speed in sacrificing justice.
2:11:25
While it may be efficient to kick people out in the streets, it's not an effective use of the law, especially when dealing with complicated matters such as succession, regulatory agreements, or the new good cause laws that have passed through the state.
2:11:38
What we saw looking at the futility cases is that not only is it used in those 4% of cases, but often is used as a threat to force other tenants to resolve cases by either dropping it or negotiating some sort of agreement to move out with the threat of utility hanging over the head by the judge.
2:11:55
And the reason being is currently the cases are being handled in the trial courts, who are overburdened, over 200 and 1000 housing court cases, 50 judges with trials set out for months.
2:12:07
But because these legal lockouts must be handled so quickly, they push out trials and often is something that makes the judge's job harder to do when coming managing their docket.
2:12:18
I also wanna focus on the issue of 623.
2:12:22
We support the increased penalties, but we do have concerns like legal aid when it comes to not allowing the use of subsidies.
2:12:29
Looking at the data, of the cases where legal lockouts are brought, on average using just fixed data, the portfolio is the average portfolio is at 339 buildings or the median of 15 buildings.
2:12:42
The average size of the building is 293 units or the median size of the 12 units.
2:12:47
The reason there's such a discrepancy is because we see giant buildings and small buildings, but we're talking about 100 in buildings.
2:12:53
And by restricting the use of SCRE, DRI, CityFEPs, 421 As, that could have collateral consequences of tenants who are there and allow bad actors as a way to get around income protections and income discrimination of getting rid of a tenant to depend on that affordable housing.
2:13:09
Thank you.
