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Focusing on Housing Stability

11/20/2024
Housing Justice

In the forefront, estate-planning clinic leaders (L to R) Amy Hsieh, Executive Director of the Brooklyn Law School Public Service Law Center; Johanna Carmona, Council Legislative Administrative Manager; Leah Skrzypiec, Assistant Deputy Director, Speaker’s Office of Strategic Initiatives; Liam Higgins ’25; Council Member Lincoln Renstler; and Professor Aissatou Barry. Inset: Clinic students at the Deed Theft workshop in Brooklyn, (L to R): Skylah Sanchez ’25, Nyaila Elmore ’26, Rachel Chanderdatt ’26, and Sinbay Tan ’25.

Housing Justice Clinic’s Estate-Planning and Deed-Theft Initiatives Help Protect Low-Income New Yorkers

Housing stability is one of the greatest concerns for low- and moderate-income people and helping to achieve and maintain that stability is the focus of Brooklyn Law School’s Housing Justice Clinic, which launched last spring and is led by Professor Aissatou Barry.

Engaging directly with clients, Clinic students inform them of their rights as tenants and homeowners, represent them in landlord-tenant housing proceedings and fair housing proceedings, and work with community members to develop housing justice policy in New York.

An important part of housing stability, and a priority this year for the Housing Justice Clinic, is estate planning—an essential to protect homes and other assets that people have worked hard to obtain, and which serve to build a foundation for generational wealth.

“Generational wealth can be maintained with the right resources and estate planning,” said Barry. “Yet the systems that reinforce generational wealth are typically inaccessible to individuals who cannot afford an attorney.”

To remedy that discrepancy, Brooklyn Law’s Housing Justice Clinic held a free estate planning clinic for low- and moderate-income New Yorkers ages 50 and older on Oct. 9, who were invited to the Law School as part of a New York City Council five-borough initiative and in collaboration with the Disability Rights and Social Justice Clinic at CUNY Law and Casey Lee, a trust and estates attorney with the Legal Aid Society.

Over the course of the four sessions at the day-long clinic, trained student clinicians worked alongside Barry, CUNY clinic director Natalie Chin, and City Council staffers to inform and assist 24 older adults in navigating wills, trusts, and other essential financial-planning and estate issues and documents. All clinic clients also received a packet of materials from the City Bar Justice Center that included guides in English and Spanish to estate planning; to New York’s Surrogate Courts; to burials, funerals, and estate administration; and to advance directives.

Before their consultations at the clinic, clients viewed YouTube videos produced by students that aimed to provide information on key terms such as a will, healthcare proxy, and power of attorney.

“We are honored to be a part of such a forward-thinking project that provides access to these resources for all New Yorkers, particularly low-income elderly New Yorkers,” Barry said. “Students were able to have real-life client interactions. They practice in law school, but it is significant for them to practice with clients who are sitting across the table. Clients receive no-cost services for something essential in their lives and can plan for end-of-life affairs in a welcoming, safe space. And students bring an energy that the clients appreciate, and they support each other.”

Among the student participants, advanced Clinic student Liam Higgins ’25 consulted with a client to help draft a power of attorney, a living will, and a will. “The client was aware of the system generally,” said Higgins, “but not of all the options that are available. It was great meeting someone who needs legal services and being able to meet those needs, especially as a law student, and gaining that practical experience while doing so.”

Higgins has also been involved in eviction defense for tenants through his Clinic work. He recently argued and was granted a summary judgment motion on a rent overcharge claim with his case team in housing court. “It has been a great opportunity to empower tenants to advocate for themselves, even when they may not feel comfortable in the housing court space,” he said. Higgins has already accepted a job offer with the Legal Aid Society upon his graduation this coming spring.

Ava Zhang ’27, a 1L student, had her first client experience at the estate planning clinic, helping her client to lay the groundwork to draft a will. “After reviewing all the materials and meeting with us, my client left feeling confident and is now well on their way to finally getting this important document,” Zhang said.

“I was apprehensive at first,” said a client from East New York who spoke about cultural taboos often associated with discussing end-of-life issues. “People sometimes feel that it’s almost inviting death. But after getting all of these great materials and meeting with one of the students, I’ve learned about trusts and wills, about getting a power of attorney, and it has really relieved my stress. The advice was so comforting, and the students were so compassionate. I’m going to spread the word in my community.”

A Brooklyn couple in their 60s said they had postponed doing their wills for a long time. “This was the kick in the pants we needed,” they said. “It has pushed us in the right direction, and we’re so grateful.”

The estate planning clinic goes hand-in-hand with another current priority for the Housing Justice Clinic—protecting homeowners from deed theft, which occurs when, through forgery or fraud, a thief takes the title to a person’s home without the homeowner’s knowledge or approval. It disproportionately impacts elderly homeowners and homeowners of color, especially New Yorkers in gentrifying neighborhoods who live in homes that have significantly increased in value over the years. Those facing financial problems or foreclosure or who own abandoned properties are also targets.

Strengthening homeowner protections against deed theft, a New York State law championed by Attorney General Letitia James and signed into law at Brooklyn Law School by Governor Kathy Hochul, took effect in July. While previous law had implemented civil remedies to those experiencing these deed scams, the new law has established deed theft as a crime of grand larceny and expands the ability of the Office of the Attorney General to prosecute.

Barry and her Housing Justice Clinic students are taking action to share information and guidance on deed theft, especially with communities that are experiencing gentrification and displacement. On Nov. 3, they held an information session and workshop attended by 20 community residents at St. Peter’s Evangelical Lutheran Church in Brooklyn’s East New York neighborhood. The workshop, under Barry’s guidance, was organized by clinic student Rachel Chanderdatt ’26, who grew up as a member of the St. Peter’s community when her family migrated to the U.S. from Guyana.

“This workshop aimed to address a pressing issue in the community, empowering homeowners to safeguard their property,” said Chanderdatt. “I’m deeply grateful for the opportunity to give back to the community that has consistently supported me throughout my personal and professional journey and hope to continue this work.”

The workshop featured student-prepared materials and presentations on the warning signs of deed theft, its parallels to identity theft, prevention strategies (including estate planning), and steps to follow if they become victims of this crime. The materials also featured a QR code linking to a website where homeowners can see activity that has occurred in relation to their deed and where they can sign up to receive future alerts. To the surprise of one workshop attendee, he discovered activity on his deed while using the site at the workshop and was counseled by the students on next steps.

“We opened the session by talking about a recent news story of an individual in the neighborhood who had the deed to their home forged and stolen by a home health aide,” Barry said. “It broke the ice at the gathering and led us into discussing how it is typically not a stranger who first makes the connection toward stealing a deed but is someone you know and trust in the community connecting you to that stranger.”

In an additional policy project, Clinic students are drafting an op-ed piece on transfer-on-death deeds, which legally allow people to name who will inherit their property when they die. They can be especially helpful if a homeowner doesn’t have a will and can help avoid property scams like deed theft.

Advocating for tenants’ rights and exploring the work of community lawyering is yet another focus of the Housing Justice Clinic. On Nov. 13, the Clinic and the Public Service Law Center brought together a panel of attorneys and tenant and community organizers on the frontlines of housing justice to discuss their efforts in the community and the courts, as well as the efficacy of New York’s Right-to-Counsel law, which applies to housing court; the ramifications of gentrification; and the need for compassion and respect in helping empower tenants in their fight for rights. Students Minh Nguyen ’25, Ariana Salhi ’26, and Veronica Galek ’25 organized the event as a policy project in conjunction with their Clinic work.

Panelists included alumni Zach Penzone ’22, Staff Attorney, and Sam Chiera ’14, Director of Litigation, Communities Resist; along with Amy Collado, Tenant Organizer, Bushwick Housing Independence Project; Maoly Hernandez, Deputy Director, Brooklyn Legal Services; and Brooklyn Law Adjunct Professor Michael Grinthal, Supervising Attorney, TakeRoot Justice.

Whether the Housing Clinic students are arguing motions in front of housing court judges, counseling clients on estate plans, or spreading the word on how to safeguard their homes, said Barry, “They are doing an excellent job and taking seriously the responsibility of having clients. It is a privilege working with Brooklyn Law students. Their dedication is unmatched.”