On March 26, 2022, the Pro Bono and Community Service (PBCS) Committee held its Pro Bono Clinic in Flushing, Queens at the offices of the Asian Americans for Equality (AAFE). We couldn’t have run our clinics without the dedicated help from AABANY, the PBCS Committee, AAFE, and volunteers. We are extremely grateful for our volunteers who traveled all the way from Manhattan and Brooklyn during the torrential rain and MTA’s weekend schedule to meet with clients who needed legal assistance.
Thank you to all the following volunteers:
Ashley Shan
Ashley Han^
Beatrice Leong
Meng Zhang
*Karen Lin (on-call)*
Phillip Pang*^
Eugene Kim
Xinyi Shen*^
Johnny Thach
Andrew Chang*^
May Wong
Vivian Lee*^
Ruihan (Yvette) Wang
Jennifer Park (not admitted)
Shengyang Wu
Zulma Vazquez (AAFE)^
Evelyn Gong*
Chen Yo (AAFE)^
Judy (Ming Chu) Lee*
Yini Fang (AAFE)^
Thomas Riley
Maria del Carmen Cruz (AAFE)^
Tong Wu
Gabriel Hisugan (AAFE)^
Wen-Hsien (Wendy) Cheng
^ = non-attorney volunteers
* = remote
On March 26, we met with 14 clients – 3 spoke English and 11 spoke a second language (ie: Mandarin, Cantonese, Spanish, or Korean). While a majority of the cases related to housing, we had a few cases involving torts, trusts and estates, family law, and immigration law.
One noteworthy case highlighted the point that not all matters need to be resolved through the courts. One of our volunteers was able to direct an individual who had a problem with a store purchase to seek recourse through filing complaints with NYC Department of Consumer Affairs, Better Business Bureau, or maybe even the media:
AABANY’s Pro Bono and Community Service (PBCS) Committee would like to thank all in-person and remote volunteers at the Flushing Clinic on February 26, 2022. PBCS is especially grateful to the Asian Americans for Equality (AAFE) for hosting this clinic at their Community Center, for providing the coffee and snacks to keep participants alert and energized, and for the staff to interpret for the Spanish-speaking clients.
The clinic began at 11:00 AM with attorneys quickly being split up into three rooms to prep for the arrival of clients, with other volunteers preparing documents that needed to be handed out and information that needed to be collected. The clinic assisted 17 clients facing a variety of issues from tenant disputes, domestic violence, marriage and divorce, and loans and contracts.
With the help of AAFE and AABANY translators, clients with limited English proficiency were able to find the aid they needed from volunteer attorneys who were able to understand the nuances and emotions of their situations. For example, one client who only spoke Mandarin, had a temporary order of protection made against her by a family member, but the order was limited. Under the order, the client was permitted to return to the apartment, but the family member refused to let her back in. Many factors go into the enforcement of orders of protection, and it would be difficult in the limited time available for consultations at the clinic to fully analyze a given situation. However, the two volunteer attorneys assigned to help this client assisted her to the extent they could, pointing her towards other resources, and alerting her about specific laws that could apply to her situation.
This clinic could not have been possible without the gracious help of many AABANY members and committees. A special thank you to May Wong, a current Vice-Chair of PBCS, for organizing these Pro Bono Clinics, Eugene Kim, another Vice-Chair of PBCS, for serving as an attorney volunteer, and Committee Chair Judy Lee, for helping to prep the paperwork, attending the Prep Meeting the night before (2/25), and appearing virtually to advise clients. Additionally, thank you to Beatrice Leong, AABANY’s Membership Director and long time Pro Bono Clinic participant, for guiding newer volunteers, consoling a domestic violence victim, and assisting as a volunteer; Meng Zhang, for helping to translate and helping with the organization of the clinic; Evelyn Gong, Co-Chair of the Government Service and Public Interest (GSPI) Committee, for serving as an attorney volunteer, and Kevin Hsi, also a Co-Chair of GSPI, for serving as a volunteer.
PBCS greatly appreciates the law students from Columbia University who were able to attend and observe the clinics as part of their Caravan, a program in which law students spend their spring break working on pro bono projects.
AABANY’s Pro Bono & Community Service (PBCS) Committee would like to thank everyone who attended the second and third hybrid Manhattan pro bono clinics in September and October, as well as the soft opening of the Queens pro bono clinic this past Saturday, Oct. 30. The three clinics assisted a total of fifty-five (55) clients, who sought advice on a range of topics, including housing law, immigration, elder law, loans and contracts, marriage and divorce, estates law and drafting of wills and powers of attorney, discrimination, 9/11 compensation, and fraud. PBCS and AABANY are grateful to the Chinese Consolidated Benevolent Association (CCBA) and Asian Americans for Equality (AAFE) for co-sponsoring and hosting these clinics.
The clinics for the past two months could not have happened without the gracious help of many AABANY members and committees. During the September pro bono clinic, in collaboration with AABANY’s Bankruptcy Committee, PBCS provided a “Know Your Rights” presentation on the topic of bankruptcy and consumer debt. During the October clinics, Rina Gurung and Kevin Hsi, two of the three co-chairs of AABANY’s Government Service and Public Interest Committee, and Zhixian (Jessie) Liu, a co-chair of AABANY’s Immigration Committee, helped PBCS out by volunteering to see clients for one-on-one informational consultations. Thanks to AABANY’s Committees for their camaraderie!
At the pro bono clinics, PBCS volunteers use quick issue-spotting skills to help members of the AAPI community and those with limited English proficiency know what their rights are. For instance, while answering housing questions, a volunteer discovered that a 70-year-old couple living at a rent-stabilized apartment was eligible for the Senior Citizen Rent Increase Exception (SCRIE). SCRIE is a program that allows qualified tenants to have their rent frozen at their current level and be exempt from future rent increases. This is crucial since most seniors depend on their fixed income. If their rent goes up, qualified SCRIE tenants do not have to pay the higher rent, as the City will pay the landlord the difference between the current rent and the future rent. The 70-year-old couple who came into the PBCS clinic will receive assistance from AAFE to apply for SCRIE.
In order to be eligible for SCRIE, an applicant must be 62 years or older, have less than $50,000 in household income, spend more than 1/3 of monthly income on rent, and reside in a NYC rent-stabilized apartment, rent-controlled apartment, rent-regulated hotel or single room occupancy unit, Mitchell-Lama development, Limited Dividend Housing Company development, Redevelopment Company development, or Housing Development Fund Company development. Senior citizens who own homes, condominiums or private non-government supervised co-ops may also be eligible for SCRIE. To learn more about SCRIE, see https://access.nyc.gov/programs/senior-citizens-rent-increase-exemption-%E2%80%8Bscrie/.
To learn more about the PBCS Committee and its work, click here and here. The next hybrid legal clinics will take place on Saturday, November 6, 2021 from 11:00 a.m. to 3:30 p.m. at AAFE, 2 Allen Street (2nd Floor), New York, NY 10002; and Saturday, November 13, 2021, from 12:30 to 3:30 p.m. at CCBA, 62 Mott Street (2nd Floor), New York, NY 10013. For up-to-date details about the clinic and other events, please check PBCS’s event calendar.
And as always, we are always looking for volunteers to help us out!
On June 30th, the Asian American Bar Association of New York’s (AABANY) Anti-Asian Violence Task Force (AAVTF) hosted a community workshop on self-defense and defense of others. The speakers were Nassau County Assistant District Attorney and Prosecutors Committee Co-Chair Joseb Gim and St. John’s University Law School Professor and Academic Committee Co-Chair Elaine Chiu. The presentation was moderated by Eugene Love Kim, Legal Aid Society attorney and Vice-Chair of AABANY’s Pro Bono and Community Service Committee, and was translated into Cantonese and Mandarin by Kwok Ng, law clerk at the New York State Supreme Court and PBCS Committee Co-Chair, and Ye Qing, attorney at Morvillo Abramovitz, respectively.
In light of the recent surge in anti-Asian violence and bias incidents, the presentation focused on the legal consequences that New York Penal Law has for self-defense. ADA Gim gave a summary of the laws and listed the various weapons that qualify as “deadly physical force” under New York Penal Law. These weapons include, but are not limited to, pepper spray, collapsible batons, and electric stun guns. ADA Gim also pointed out that, in exercising self-defense, unless a “reasonable person” would have made the same decision to defend themselves in your situation, using regular physical force or deadly physical force to defend yourself may lead to you being charged with a criminal offense. Prof. Chiu briefly described the possibility of also being sued in a civil lawsuit but noted that using violence within the bounds of the New York Penal Law would prevent a judgment against you.
At the end of the presentation, ADA Gim talked about more practical, immediate implications of the laws on self-defense and defense of others. He emphasized that, oftentimes, choosing to defend yourself will result in both you and the attacker being taken into police custody from the scene for further investigation and possible prosecution. He then discussed the importance of concrete evidence, 911 calls, recordings, and eyewitness testimony in corroborating your testimony. Both ADA Gim and Prof. Chiu also noted that individuals, before defending themselves, have a duty to flee dangerous situations unless they are attacked in their own homes. After the presentation, the discussion was opened to questions from the attendees.
AABANY thanks the members of the AAVTF for organizing the community workshop and for their service to the AAPI community of the greater New York metro area. To view the recording of the event, click here. To learn more about and to help fund the AAVTF’s initiatives, click here.
AABANY announced on May 28, 2021, that through the Pro Bono & Community Service (PBCS) Committee, Government Service & Public Interest (GSPI) Committee and the Student Outreach Committee (SOC), it established a phone line to aid limited English proficient (LEP) applicants in applying for the Emergency Rental Assistance Program (ERAP) and Housing Choice Voucher (HCV) Program, also known as Section 8. Section 8 is a government rental housing program that allows low-income families, the elderly and disabled to rent privately-owned and safe housing. Applicants will be selected by the New York State Homes & Community Renewal (NYSHCR) agency’s Section 8 Voucher Waitlist Lottery. The deadline for application is May 28, 11:59 AM ET. As for ERAP, the New York State Office of Temporary and Disability Assistance (OTDA) is offering a program that provides rental and utility assistance to eligible New York residents who owe arrears. Households will be processed on a first-come, first-served basis, as long as funds remain available.
When applying for housing and aid, many LEP applicants have had difficulty finding language assistance. AABANY hopes to help LEP applicants who do not have electronic access in completing the application by telephone. Interested applicants may contact (929) 251-3022 or [email protected] to schedule a time with an AABANY volunteer to receive aid in contacting HCR and the OTDA.
To view AABANY’s flyer about the Section 8 Waitlist Lottery, click on the image above.
To read more about AABANY’s efforts to aid the Chinese LEP community, click here.
On May 4, AABANY’s Pro Bono & Community Service Committee (PBCS) hosted a virtual law clinic and presentation on elder law as a part of the Virtual Community Presentation Series. The event was co-sponsored by AABANY, the Chinese Consolidated Benevolent Association (CCBA), and the Chinese Chamber of Commerce of New York.
In light of the instability brought about by the pandemic, the new changes to the Medicaid laws, and the surge in anti-Asian violence, Committee Vice-Chair May Wong moderated the event to address the questions and concerns of the Chinese community, as well as to provide free legal consultations on these topics. May was joined by Karen Eng, specializing in estate planning, administration, elder law, Article 81 guardianship, and residential real estate at Thomas J. Manzi, P.C., and Pauline Yeung-Ha, Partner at Grimaldi & Yeung, LLP specializing in trusts, wills and estates, elder law, and special needs planning. Also present were Co-Chairs Judy Lee, Karen Lin, and Kwok Ng.
Karen Eng presented information on advance directives, wills, and trusts, while Pauline spoke on the new Medicaid changes and the effects the changes would have on individual healthcare. Both Karen Eng and Pauline emphasized the importance of advance preparation in matters of healthcare and estate planning. Kwok translated the speakers consecutively into Cantonese and Mandarin and also presented information on hate crimes and resources for reporting incidents. 31 individuals attended the event. At the presentation’s end, PBCS, along with Karen Eng and Pauline, opened the virtual free services clinic for two client consultations. The CCBA provided their physical headquarters for the two clients to meet remotely with the attorneys.
The PCBS Committee thanks Karen Eng and Pauline Yeung-Ha for offering their expertise in elder law to give back to the Chinese community. PBCS would also like to thank Annalee Patel, Bei Yang, Chao-Yung Chiu, Jian Cui, Julie Choe, Kelly Tang, and Xinyi Shen for their help and support in organizing the event. AABANY would also like to thank the Chinese Consolidated Benevolent Association and the New York Chinese Chamber of Commerce for co-sponsoring this event. To watch the presentation, click here. To learn more about the Pro Bono & Community Service Committee and its work, click here and click here.
NEW YORK – March 31, 2021 – AABANY’s Pro Bono and Community Services Committee (“PBCS”) and the Chinese Consolidated Benevolent Association (“CCBA”) will launch monthly virtual community presentations and clinic sessions beginning April 2021. This is a joint project to serve members of the Asian Pacific American community who have limited English proficiency by providing free “Know Your Rights” presentations about various common legal issues in housing law, elder law, family law, immigration law, and employment law. Each month will focus on one specific area of law that affects the community, along with a Know Your Rights session on anti-Asian hate and harassment at every virtual presentation. We hope to raise awareness of anti-Asian violence, to inform our audience how to report a hate incident, and to provide helpful resources to victims of hate crime.
On September 3rd, 2020 the National Asian Pacific American Bar Association (“NAPABA”) announced their 2020 award winners which included Karen Kithan Yau, Of Counsel at Kakalec Law LLP and the Pro Bono and Community Service (“PBCS”) Committee Co-Chair of the Asian American Bar Association of New York (“AABANY”). AABANY is thrilled to have our PBCS Co-Chair recognized for her dedication and service to the community. “I am humbled to receive this honor. I could not have accomplished all that I have but for my incredible colleagues of the PBCS Committee, who are gifted lawyers dedicated to the community good,” Karen said.
Karen was recruited to co-chair the PBCS Committee in 2017 and led AABANY members in the Pro Bono Legal Advice and Referral Clinic (“the Clinic”), the PBCS Committee’s signature and ambitious project, which began two years earlier. The Clinic continues to leverage the linguistic and cultural competence available through AABANY’s diverse membership to help the large and diverse but underserved Asian American Pacific Islanders (“AAPI”) community in New York.
Karen’s leadership and compassion have allowed the Clinic to thrive, including in its current state as a remote clinic due to the COVID-19 pandemic. Before the pandemic, the Clinic deployed 161 volunteers to serve 418 pro bono clients between 2018 and 2019, which represents a 700% growth from its inception in 2015, in 13 languages besides English. At the 2020 AABANY Annual Dinner, the Clinic received the New York State Bar Association Bar Leaders Innovation Award. “The Clinic’s success was due in no small part to Karen’s deep commitment to serving the public, amplified by vision, leadership and setting a high standard for others to follow,” said AABANY’s Executive Director Yang Chen. Since July when the remote version of the Clinic launched, close to 200 clients have received assistance.
Karen joined Kakalec Law, an employment and civil rights law firm, after amassing legal, teaching, and professional experience in the public service, not-for-profit and private sectors, and leading legal institutions. Her decades of experience in diverse contexts have been essential to the success of both the Clinic and the Committee.
Among her responsibilities as the PBCS Committee Co-Chair, Karen has led fundraising efforts to bring in much needed funding to augment the limited available funds from AABANY’s general budget. Karen has also participated in the clinic as a volunteer attorney, taking on several clinic consultations a week regarding employment issues. Moreover, Karen dedicated time to bring on law student Jenna Agatep, from her alma mater Northeastern University School of Law, to help with Committee projects and assist Ms. Agatep with her scholarship application for the Asian American Law Fund of New York to support her work in the Clinic.
The NAPABA Pro Bono Award recognizes an attorney or a team of attorneys for outstanding achievements in pro bono service that (1) involved impact litigation to advance or protect civil rights or (2) provided direct legal services to individuals in the furtherance of the administration of justice. The subject matter and difficulty of the case(s) or matter(s) and time expended are factors considered in selecting the award recipient.
Through her exemplary leadership at AABANY as a co-chair of the PBCS Committee and a leader of the highly impactful Clinic, Karen has gone above and beyond the criteria of this award. Her profound contributions will continue to be felt as she brings much-needed, quality legal service to the underserved in the AAPI community.
Please join AABANY in congratulating Karen Yau on her well-deserved honor. Karen will be presented with the Pro Bono Award at NAPABA’s virtual awards ceremony held in December for all of the Awards recipients. To honor Karen, NAPABA made an award video highlighting her achievements and it will be distributed on NAPABA social media channels. To view the video, please visit the link below:
New York State Rules of Professional Conduct strongly encourage attorneys to perform pro bono legal and other services to benefit low-income people. 22 NYCRR Part 1200, Rule 6.1. The Office of Court Administration requires attorneys to complete an anonymous report of voluntary pro bono services and monetary contributions when completing their Attorney Registration.
This past year, AABANY’s Government Service Public Interest and Pro Bono and Community Services Committees have been committed to providing AABANY members a greater range of pro bono opportunities. The purpose of this survey is to gauge everyone’s interest in the pro bono initiatives listed below, so that we can determine how to best allocate AABANY resources. Training will be provided to you prior to your participation and will likely offer CLE credits.
