FAIRNESSEQUALITYBAYLEGAL BAY AREA LEGAL AID 2013 ANNUAL REPORT BAYLEGAL OFFICERS and BOARD of DIRECTORS As of December 31, 2013 BAYLEGAL HELPS PEOPLE
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FAIRNESSEQUALITYBAYLEGAL BAY AREA LEGAL AID 2013 ANNUAL REPORT BAYLEGAL OFFICERS AND BOARD OF DIRECTORS As of December 31, 2013 BAYLEGAL HELPS PEOPLE OFFICERS SOLVE WOMEN WHO ARE VICTIMS CONSUMERS BANKRUPTED Robert A. Goodin, Chair OF DOMESTIC VIOLENCE BY PREDATORY LENDERS Goodin, MacBride, Squeri, “I am very proud of the work BayLegal PROBLEMS... Day & Lamprey LLP has done and continues to do every day to make a huge John C. Dwyer, Vice Chair Cooley LLP diff erence for its clients, BayLegal assures fairness for the unrepresented in the civil justice Mohammad Sheikh, Chief Financial who without BayLegal, would have no way Offi cer system. It provides access to legal help for people to protect their Bay Area Legal Aid to fi ght for their rights.” livelihoods, their health and their families. BayLegal makes it easier Hazel King, Secretary —Joseph Tabacco, Jr. San Francisco County to access legal information, assistance and representation—so people Community Representative HOMEOWNERS FACING can protect their rights. BayLegal is the only legal aid organization Geoff rey M. Howard Dirk M. Schenkkan FORECLOSURE DUE TO DIRECTORS serving the entire Bay Area—seven counties, seventy-fi ve attorneys Bingham McCutchen LLP Arnold & Porter LLP William F. Alderman FRAUDULENT SCHEMES and advocates, one mission: equal access to justice for all. Orrick, Herrington & Sutcliff e LLP Theodora R. Lee Susan L. Schwegman Littler Mendelson P.C. Schwegman Law Fred M. Feller Buresh Kaplan Feller & Chang Rita F. Lin Rick Simons Morrison & Foerster LLP Furtado, Jaspovice & Simons William E. Gagen, Jr. Gagen, McCoy, McMahon, Koss, David McClain George B. Speir Markowitz & Raines Kazan, McClain, Satterley & Greenwood, PLC Miller Starr Regalia Michael P. Heuga David Murphy David Steuer Pillsbury Winthrop Shaw Pittman LLP Dorsey & Whitney LLP Wilson Sonsini Goodrich & Rosati PC Christopher B. Hockett Wassim Nassif Joseph J. Tabacco, Jr. CHILDREN WHO NEED ELDERLY PEOPLE WHOSE TENANTS FACING Davis Polk & Wardwell LLP Community Representative Berman DeValerio A STABLE HOME OR ECONOMIC SECURITY OR WRONGFUL EVICTION Arlene Hipp Robert R. Planthold Robert A. Van Nest SPECIAL EDUCATION HEALTH CARE IS IN JEOPARDY Community Representative Community Representative Keker & Van Nest LLP “I have served on Bay Area Legal Aid’s Board of Directors since its inception because it is an organization that does tremendous good for the poorest among us.” IMMIGRANT SURVIVORS OF FOSTER YOUTH FACING PEOPLE WITH —William Alderman HUMAN TRAFFICKING AND DELINQUENCY BECAUSE DISABILITIES BEING OTHER VIOLENT CRIMES OF UNTREATED MENTAL DENIED OPPORTUNITIES HEALTH ISSUES HOMELESS PREVENTION CLIENT PROFILE: MIKE BOS Obtaining and maintaining safe and aff ordable housing for low-income families is critical to keeping the family together. FORECLOSURE PREVENTION BayLegal’s housing preservation practice is designed to protect families AND THE ILLEGAL PRACTICE 12,300 from illegal evictions, including eviction after foreclosure; substandard OF “DUAL-TRACKING” People were able to keep housing conditions; and wrongful denials of housing subsidies. The practice also aims to preserve and expand aff ordable housing and Mike was doing well as a construction worker their homes they otherwise would prevent housing discrimination. during the housing boom have lost to housing discrimination illegal evictions or foreclosure scams Mike and his wife had saved enough money to purchase a home in a working-class Bay Area neighborhood. Th e modest two-bedroom home was just the place they were looking for to raise their newborn son. In 2010, Mike was injured on the job and was no longer able 47% to work. He was forced to apply for disability insurance. His wife took on more hours as a waitress but the pay was not OF HOUSEHOLDS enough for them to keep up with their mortgage payments. WE SERVED Since their home’s value had plummeted since the housing crash the couple saw no alternative and contacted their HAD CHILDREN mortgage servicer to seek a loan modifi cation. Th e couple spent the next year working diligently with the bank, responding to every request for more and more documentation, yet continued to make no progress. HOMELESS PREVENTION CASE Frustrated and desperate to turn his attention to caring for BREAKDOWN his son, recently diagnosed with a developmental disability, Mike contacted BayLegal for help. 7% 5% BayLegal helped the family obtain a trial modifi cation under the Home Aff ordable Modifi cation Program, lowering their 40% monthly mortgage payment to an aff ordable level. However, when it came time to convert the successful trial period plan to 37% a permanent modifi cation, the servicer sent the family a notice cancelling their trial plan and denying the loan modifi cation. 9% Mike also learned that during the trial modifi cation period 2% the mortgagor had proceeded with foreclosure, and the foreclosure sale of the family’s home was pending. Subsidized housing vouchers BayLegal addressed this illegal dual-tracking by obtaining a Mobile homes temporary restraining order to stop the foreclosure sale and Public housing negotiating with the servicer to reinstate the trial modifi cation Private landlord/tenant and make it permanent. Mike and his wife are happy to fi nally Housing discrimination have the peace of mind that they are secure in their home. Foreclosure prevention/predatory lending CLIENT PROFILE: RASI Facing the prospect of living in the Bay Area with Urdu/Hindi as her sole means of 9,400 communication, Rasi Shaikh was alone and victims of violence and their children escaped isolated. Her sole contact was her abusive husband. She could not work, did not know intimate partner abuse and were awarded how to drive or take public transportation, and could not fi gure out how to get $6.6 million assistance because of her language barrier IN PRESENT AND FUTURE SUPPORT Furthermore, her husband used her linguistic diffi culties to ORDERS keep her isolated and dependent solely on him. Aft er an explosive, abusive outburst, Rasi’s husband locked her and their children out of the house. When she tried to re-enter the family home, her abuser assaulted her and threatened to kill himself in front of the family. Rasi and her children were eventually allowed back into the home, only to face continued abuse. Aft er landing in the emergency room with a serious head trauma, Rasi knew she had to escape. She came to a restraining order clinic to seek 1 in 4 women and 1 in 7 men have the protection she so desperately needed for herself and her children. Although she did not fi le for divorce because of experienced severe physical violence DOMESTIC VIOLENCE PREVENTION religious priorities, the court granted her a fi ve-year protective order against her abuser, and also provided for support orders by an intimate partner. Women are for Rasi and the children, since Rasi was fi nancially dependent disproportionally aected by sexual When domestic violence survivors receive the legal services they need they are able to on her abuser. achieve physical safety and fi nancial security, and thus are more likely to leave their abusers. violence, intimate partner violence BayLegal continued to work with Rasi, in partnership with and stalking.* BayLegal is a recognized leader in advocating for victims of domestic violence. Pacifi ca Resource Center, to give Rasi the skills she needed to be independent, including how to take the bus and helping to *The National Intimate Partner and Sexual Violence Survey The Domestic Violence Prevention Project provides wrap-around, culturally sensitive enroll her in ESL classes. services to survivors. The services are designed to empower survivors with the information Rasi’s husband continued his attempts to scare and manipulate and options they need to stop the abuse and build safe, stable lives for themselves and their her and the children. His actions were so egregious that BAYLEGAL’S DOMESTIC VIOLENCE ultimately the court approved a move away petition, which CASE BREAKDOWN children. The project off ers free legal assistance with obtaining restraining orders, divorces, allowed Rasi to move out of state to start a new life for herself support orders, related immigration relief and safe custody and visitation orders. and her children, free of fear and violence. 19% 20% Protective orders Custody/visitation 36% 25% Divorce/sep/annul VAWA protection PROTECTING CONSUMERS IMPACT LITIGATION: NATIVI CASE BayLegal aims to ensure that low-income people have access to fair and aff ordable fi nancial services, including banks, credit, and non-predatory In a major victory for tenants, BayLegal and loan opportunities. Through individual representation, client education, and co-counsel won a precedent setting case that assistance at Debtor’s Rights Clinics, BayLegal attorneys help consumers holds the Protecting Tenants dispute credit inaccuracies, reduce debt, increase income, at Foreclosure Act (PTFA) can be the basis and stabilize housing. of an affi rmative lawsuit by the tenants of the foreclosed property against the subsequent BayLegal provides bankruptcy counseling and advice, and represents clients owner 14,454 in cases involving: deceptive advertising of fi nancial products and services; fair credit reporting; fair debt collection practices; and defending third-party debt In Nativi v. Deutsche Bank, the ruling of the California Clients received the legal advice and collection lawsuits. Court of Appeal, 6th Appellate District held that immediate possessors of foreclosed properties step into the shoes of representation they the former landlord when they acquire a rental property. needed to access to fair and a ordable Th e decision represents a signifi cant victory for tenants who are the collateral victims of foreclosures and opens the door financial services and protect themselves for recourse in state court. Th e plaintiff , Rosario Nativi, was from deceptive lending practices represented by Bay Area Legal Aid, Western Center on Law and Poverty, Alborg Martin & Budde LLP and Jenner & Block. Ms. Nativi and her son were displaced from the converted garage unit they had been renting for several years when the BAYLEGAL’S CONSUMER PROTECTION property became subject of a non-judicial foreclosure sale.