AABANY Offers Application Aid to LEP Applicants Seeking Section 8 Housing and Emergency Rental Assistance

volunteer assisting with application

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.

AABANY Hosts 2021 Annual Meeting of Members on Remo

On Tuesday, February 9, 2021, AABANY held its Annual Meeting of Members on Remo. President Sapna Palla called the meeting to order and established quorum. Elections were held for the 2021 Board of Directors and Officers.

President Sapna Palla presented the Year in Review and Executive Director, Yang Chen, presented the report of the Committees. Following the reports, awards were presented to honor AABANY leaders and committees for their dedication to AABANY over the past year. While these presentations were occurring, Immediate Past President Brian Song and President-Elect Terrence Shen tallied the votes.

The following officers were elected and will begin their term on April 1, 2021:

William Ng
President-Elect

Cynthia Lam
Vice President, Programs and Operations

Joe Eng
Vice President, Programs and Operations

Margaret Ling
Development Director

William Hao
Treasurer

Christopher Bae
Secretary

Beatrice Leong
Membership Director

The following candidates were elected as Directors to serve two-year terms starting on April 1, 2021:

Jasmine Ball
Jeff Ikejiri
Suzanne Kim
Chris Kwok
David Sohn
Bart Wu
Karen Yau
Andy Yoo

Congratulations to all the Officers and Directors who were elected to the Board.

The following awards were presented:

Committees of the Year: The Pro Bono and Community Service Committee and the Student Outreach Committee

For the numerous initiatives they organized to support the community during COVID-19, including Know Your Rights webinars, COVID Rent Relief Program application drives, and postering and social media campaigns to promote the Remote Pro Bono Legal Clinic and other community programs.

Program of the Year: Weekly Membership Mixers

For hosting more than 30 weekly mixers on Zoom and Remo since April 1, 2020 to provide an open space for members and non-members to share their feelings, see old friends, and make new connections.

Member of the Year: Bart Wu

For his outstanding work with the Legal Referral and Information Service, which he helped launch, and his work reviving the Solo and Small Firm Practice Committee.

Congratulations to all the honorees for the recognition of their achievements and hard work during the 2021 fiscal year.

Congratulations to the Officers and Directors elected to the Board to serve during fiscal year 2022 which commences on April 1, 2021.

We would also like to thank our members for attending and participating in the annual meeting.

One Case, Many Takeaways: Bei Yang’s Experience with AABANY Remote Pro Bono Legal Clinic

By Bei Yang

As an out-of-state law graduate from Tennessee, I was not familiar with any specific New York practice rules. While waiting for my bar exam results and preparing for my legal career in New York, and with the encouragement of my mentor Mr. Rocky Chin, I participated in the AABANY Remote Pro Bono Legal Clinic. The Clinic provides legal information and referrals to individuals, particularly those with limited English proficiency, with legal issues such as immigration, housing, employment, family, elder law, anti-Asian violence, and those pertaining to small businesses.

After registration, I received an email with a list of cases that was sent to all volunteers. Volunteers can choose to take on one or more cases based on interests or experience, and if you are not licensed or not experienced in a specific area, the Clinic partners you with a more experienced attorney to remotely shadow and learn from. Since I have not yet been admitted and this was my first time volunteering, I decided to shadow Ms. May Wong, an experienced volunteer attorney, on a contract law case.

Before making a callback, Ms. Wong and I knew that our client only spoke Mandarin and had been recently served with a Summons. With this limited information at hand, we discussed the legal matters that we needed to inform the client of. These matters included the risk of a default judgment if the clinic client did not respond to the service in a timely fashion (CPLR §3215: default judgment), the possible defenses the client might take, like defects in the service of process (§CPLR 308: Methods of personal service upon a natural person), and the statute of limitations (CPLR §213(2): 6 years for a breach of contract claim in New York). Ms. Wong then patiently went over the normal calling process and basic civil procedure in New York with me. Only after making sure that I did not have any more questions and was comfortable to make the call, she started our three-way phone call with the clinic client.

On the call, we explained our limited roles and asked the client to elaborate on the facts of his case. While acting as a language interpreter, I was able to ask the caller questions about his case to narrow down the issues, thus gaining useful intake skills. I learned that this case was about a family business dispute worth $25,000. The caller was not represented by an attorney and we strongly encouraged him to engage one rather than risking a default judgment, which is enforceable for 20 years and would cost him more money to vacate.

Not only did the client receive useful legal information regarding his case, but he also felt like his voice was finally heard. Volunteering with the pro bono clinic was a great experience, as I was able to learn so much about New York civil procedure rules and gain a lot of important legal experience from just one case. I look forward to continuing my volunteering experience to become an advocate to help those with limited resources and language skills.

To volunteer for the Remote Pro Bono Clinic, please email: [email protected].

For more information about AABANY Pro Bono Resources, please visit: https://probono.aabany.org/

Fall Conference 2020: Anti-Asian Violence and Hate Arising from the COVID-19 Pandemic

On September 26, 2020, as part of the second day of the 2020 Fall Conference, AABANY hosted a program discussing Anti-Asian Violence and Hate Arising from the COVID-19 Pandemic, which focused on trends and newly compiled statistics related to this discrimination. The panel included:

  • Karen King, Counsel at Paul, Weiss, Rifkind, Wharton & Garrison LLP (Moderator)
  • Joe Gim, Deputy Chief of the County Court Trial Bureau in Nassau County
  • Russell Jeung, Professor of Asian American studies at San Francisco State University and Member of the Asian Pacific Policy and Planning Council
  • Stewart Loo, Deputy Inspector of the NYPD Asian Hate Crime Task Force
  • John C. Yang, President and Executive Director at Asian Americans Advancing Justice
  • Jo-Ann Yoo, Executive Director at the Asian American Federation

First, Professor Jeung introduced “Stop AAPI Hate,” an online reporting center organized by the Asian Pacific Policy and Planning Council. Since March 19, 2020, the reporting center has been tracking and responding to incidents of hate, violence, harassment, discrimination, shunning, and child bullying against Asian Americans and Pacific Islanders in California and where possible throughout the United States. In California, there have been over 300,000 reported incidents over the eight month period. There was a major uptick in March when President Trump started calling COVID-19 the “Chinese virus” and in late June when Trump started using the term “Kung Flu.” Although most of the reported incidents have been verbal, there have been an alarming number of incidents where Asian Pacific Americans (APA) were coughed or spat on.

Jo-Ann Yoo then discussed the situation in New York and emphasized that reporting is only as good as its outreach. Joe Gim specified that legally, a hate crime in New York must both involve a person selected to have a crime against them because of their identity and have that factor be a substantial part of the crime.

Next, Stewart Loo introduced the NYPD Asian Hate Crime Task Force, which gets involved with incidents of hate and discrimination when they become crimes. The task force assists victims who cannot speak English but want to report an incident. Due to cultural differences and the length and complexity of reporting a crime to the NYPD, the criminal process can be very daunting. Yoo added that many people are shy or afraid to report, regardless of a language barrier, especially to the media. John Yang then discussed the importance of media pieces in humanizing the statistics and building community strength.

Professor Jeung and John Yang also discussed how APA social status has historically been very conditional. As many APA individuals still toggle between being part of a Model Minority or a Yellow Peril, they are seen as perpetual foreigners, which adds to the rising anti-Asian hate.

The panel concluded with talking about the rise in APA youth supporting Black Lives Matter. In order to be heard on a nationwide scale, everyday citizens must fight for the respect that their communities do not already receive, whether by serving as a poll worker, speaking up in organizations, or simply voting. The panel ended with discussing how APA culture is stereotypically seen as quiet, but in order to see change now, people need to speak up and speak out.

Thank you to the panelists, Joe Gim, Russell Jeung, Stewart Loo, John C. Yang, and Jo-Ann Yoo, and moderator Karen King for leading such an inspiring and important discussion on anti-Asian violence and hate during the pandemic. And thank you to the AABANY Pro Bono and Community Service, and Government Service and Public Interest Committees for hosting the event.

Click here to access the Stop AAPI Hate website.
Click here to access AAF’s COVID-19 Safety Resources.

To view a recording of this program, please click on the video image at the top of this blog post.

AABANY and Community Land Trust Hosts Successful Rent Relief Application Drive

The COVID Rent Relief Program (“RRP”) held by Community Land Trust (“CLT”) and the Asian American Bar Association of New York (“AABANY”) concluded on July 26th, 2020 with an application drive in Chinatown. During the term of outreach, the program received over 125 voicemails and online form submissions. On the day of the drive, 25 volunteers aided over 100 walk-in applicants who had been screened for qualification. 

The application drive held on July 26th at the Florentine School was expeditiously put together in five days, to accommodate the quickly approaching application deadline of July 30th*, by AABANY’s Pro Bono and Community Service Committee and COVID Student Task Force. Most notably, attorneys May Wong, Angela Wu, William Lee, and law students Dianna Lam, Olympia Moy, Xinyi Shen, and Meng Zhang were the driving factors of the event’s success. To the volunteers, it was imperative to host an in-person event to help the community. “Many Chinatown residents cannot go on Zoom, some don’t even have online access, and, even with online access, some may not find the forms because of language difficulties,” noted Moy. The volunteers have spent tireless hours in organizing the logistics for the event, training for and then evaluating RRP applications of the community, and then following up with intakes for those who are eligible applicants. “One of the most memorable parts of our [RRP], despite all the hurdles we had to navigate through, was how much all the volunteers cared to help our community,” says Lam. Lam add: “All the volunteers patiently and calmly explained to the tenants all their options, any risks they might bear submitting their information, and sat through with each applicant until the application was either fully complete or until the tenants accepted that they did not qualify.”

AABANY again thanks all the volunteers mentioned above, as well as May Mok and Sherman Ngan of AM 1380 & AM 1480 and Jacky Wong, for advertising and covering the event; Samantha Sumilang who provided rent relief training to volunteers over Zoom the day before; Jonathan Hernandez for being on standby for any last minute needs; the APALSA COVID Student Task Force for reaching out to their members for volunteer recruiting; and all other attorney, CLT, and community volunteers who made the event possible.

The RRP was introduced on July 16th, 2020 and first administered by New York State Homes and Community Renewal. The purpose of the RRP is to distribute a $100 million fund amongst the low-income families of New York who have suffered income loss due to the COVID-19 pandemic and are struggling to keep their families in their homes. The $100 million fund was provided by the Coronavirus Aid, Relief, and Economic Security (CARES) Act passed by Congress and signed into law by President Trump on March 27th, 2020. The RRP declares that a household is eligible for assistance as long as at least one member in the household has U.S. citizenship or eligible immigration status. All adult household members, regardless of their income earning position, are to be listed on the application form to be considered, including household members with ineligible immigration status. This is a potential grave risk to undocumented immigrants since the federal government could get their information through the RRP. As such, it should be noted that by applying for rent relief, applicants bear the risk of being or having undocumented family members deported.

“The drive’s success is a true testament of our selflessness, passion, and commitment to giving back as a community. We find comfort knowing that our locals are better positioned to receive rent relief,” said Lee.

For additional coverage in Chinese, please see the article written by World Journal here.

*As of July 31st, 2020, the application deadline has been extended to August 6th, 2020.

Pro Bono Committee & AABANY Volunteers Promote New Remote Pro Bono Legal Clinic in Chinatown and Koreatown

On Friday, July 3, 2020, the Pro Bono and Community Service Committee of the Asian American Bar Association of New York (AABANY) launched a flyering campaign to promote the new Remote Pro Bono Legal Clinic in Chinatown and Koreatown. The event was organized by William Lee, Associate at Alston & Bird and an active member of the Pro Bono Committee. The goal of the campaign was to ensure that Asian American small businesses had access to the Pro Bono Clinic’s various resources during this time of great need. Many law students from local APALSAs, including Fordham, Cardozo, and Columbia, volunteered at the start of the 4th of July holiday weekend to assist in distributing the flyers to local businesses.

The Chinatown volunteers were led by Dianna Lam and May Wong, frequent volunteers for the Pro Bono Clinic, and those in Koreatown were led by Will Lee. Both campaigns were very successful, and Dianna Lam and May Wong were even interviewed for the “Around the Boroughs” segment of Spectrum News NY1. Dianna and May emphasized the importance of the Remote Pro Bono Legal Clinic, especially for smaller businesses impacted by COVID-19. Both groups ended the day with a volunteer appreciation lunch at the West New Malaysian Restaurant on Bowery Street. The group was able to sit at tables set up outside the restaurant, spaced out so that they could maintain a social distance.

We thank the Pro Bono Committee members, including Will Lee, Dianna Lam, and May Wong, for their leadership during this campaign. We also thank the students and volunteers who took the time to help the Remote Clinic reach more individuals and businesses in need of legal information. The Pro Bono Committee will be organizing similar campaigns in Flushing, Queens and Bay Ridge, so if you are interested in volunteering, please add your name to this document. Read AABANY’s press release about the Remote Pro Bono Clinic here. For more information on the Pro Bono Committee, see https://www.aabany.org/page/117. To find out more about AABANY’s pro bono resources, visit aabany.org/probono.