Queens tenant’s battles against eviction continues
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Tenant Allilsa Fernandez led a small rally outside Housing Court on Wednesday ahead of the beginning of their second eviction case with the same landlord. Eagle photo by Rachel Vick
By Rachel Vick
Queens resident Allilsa Fernandez returned to housing court this week in a renewed fight against her eviction— the second attempt at a trial since the start of the pandemic. Fernandez’s landlord is claiming the tenant owes more than $20,000 in rent.
This time, Fernandez was unable to secure a public defender after being turned away from right to counsel providers burdened by mounting caseloads.
“How am I, just a citizen, supposed to know when there's an illegal motion or paperwork that are wrong or something that's off that I could fight back,” Fernandez said in front of the Queens Civil Courthouse on Wednesday. “I never went to law school, I don't know.”
Fernandez was joined by representatives from the New York City comptroller’s office and the office of the public advocate at a rally ahead of a court conference to urge the courts to slow down calendaring cases so providers and tenants can catch up.
Fernandez and her roommate both lost their jobs toward the start of the pandemic and when the landlord raised their rent, they couldn’t pay. The landlord also allegedly refused to participate in the Emergency Rental Assistance program, one of the main tenant protections utilized during the pandemic.
Fernandez began the process of looking at backup plans, like finding a new rental and looking at qualifying for a housing voucher but intake took more than a month.
“I just feel like this is a type of harassment,” Fernandez said. “You know, like, ‘I'm just gonna keep taking you to court and taking it to court and taking you to court until you move.’”
“Even if I were to move out, it's not that easy for me because I have disabilities, it’s not like I can move to just any apartment, and it still takes money,” Fernandez added. “I'm not sure what's going to happen in between that time so if the landlord keeps bringing up the case, am I going to get evicted? What's gonna happen? It's a lot of insecurities, a lot of fear.”
If a landlord declines to participate in ERAP, tenants can only use the funds for their defense and not for rent.
Though the expansion of Right to Counsel ensures the right to legal advice, public defenders and other legal service providers have struggled to meet the demand since the expiration of the eviction moratorium.
Landlords are prohibited from evicting anyone with a pending application with the legal program, but the courts have continued to schedule cases where tenants have not yet secured counsel.
“We know that there are hundreds of tenants like Allilsa facing unjust evictions everyday,” said Nicole Krishhtul, the housing organizer with the New York City comptroller’s office. “Tenants aren’t getting the legal representation they need to stand a fighting chance in Housing Court.”
A group of small landlords, holding signs that said they “want evictions,” sat in protest just a few feet away on Wednesday, though their qualms were with renters they say wilfully took advantage of pandemic protections at the cost of landlords. Many lamented a double standard for renters, and the minimal financial support to landlords from authorities.
Elmhurst landlord Xue Mei Han said her tenants paid rent regularly before COVID, but when she asked why they stopped during the pandemic they told her the government said they didn't have to, and didn’t try to pay any portion of the rent.
They were able to secure ERAP money, but Han said the tenants owe her thousands of dollars from when the funding ran dry.
“Tenants always have bad and good,” she said. “[Small landlords are] not rich people, I pay for them, they live there. I don't understand why the government only listens to their side — we’re also human, we need human rights.”
Fernandez slammed their presence as “mind boggling,” claiming “it demonstrates the amount of harassment” tenants face.
Fernandez is scheduled to return to court on Thursday, according to Housing Justice for All.
