Poor Tenants Fight Eviction Unaided Against Landlords Legal Eagles

Meanwhile, there are thousands of other indigent Queens defendants facing eviction, divorces, Social Security problems or other civil actions who must confront the intimidating legal system without legal representation and up against skilled private attorneys representing the boroughs landlords.
The scene in the fourth floor hallway of the new Civil Court building on Sutphin Boulevard is frenetic with well-dressed attorneys reviewing file folders and throngs of defendants discussing their cases in dozens of languagesa scene reminiscent of Kafkas The Trial. The defendants all had in common their fear of facing a judge without adequate legal counsel. A table of informational material for unrepresented defendants gives the defendants little confidence they could make their case in so alien an environment.
"How can you talk about balancing the scales of justice," said former Housing Court Judge Carl Callender, who heads Queens Legal Services. "Justice is only possible if civil court defendants are assigned defense counsel on a mandatory basis."
He pointed out that 90 percent of landlords are represented by legal counsel against five percent for tenants who must try to cope with the legal system without training. Many of the defendants are members of minority groups who speak little or no English and are fearful of appearing before a judge and exposed to the legal bag of tricks employed by opposing counsel.
Callender said there was little chance of that happening because the state legislature is not contemplating such action. Asked if he has urged local legislators to consider such a bill, Callender replied:
"Our bylaws dont permit us to lobby the legislature to change the status quo."
In criminal court, defendants are assured legal counsel if they cant afford to hire an attorney. Callender, who served across the street from his current office as civil court judge from 1989-1999, said his financially-strapped organization hoped its educational outreach program including its Peoples Law School founded two years go, would give tenants a fighting chance to present their cases effectively in civil court.
QLS occupies space at 89-00 Sutphin Blvd., in a fashionable office building across the street from the Civil Court, but its offices are rundown and unkempt with boxes filled with client files everywhere. The agencys budget is $4 million annually and this year was subjected to a 10 percent cut.
The former housing judge was particularly critical of court personnelmany of whom make little or no effort to counsel untutored defendants.
"There is a complete legal defense known as the Spiegel Law which can protect defendants against eviction," he said, "but the overwhelming majority of defendants are unaware of it."
The law can be invoked if landlords have failed to make needed repairs that constitute a hazard.
"Court officials should be conscientious and instruct defendants about the Spiegel Law," Callender said. "The Spiegel defense is asserted in only one of 20,000 cases in civil court."
Rafael F. Andaluz, the Corporations unit director, said that in Patria Motos case, the Spiegel Law is being asserted and he hopes that the case would be resolved in her favor.