Senior Staff Attorney Jane Landry-Reyes (left) with Olga Pérez (right), Director of the Elderlaw Clinic.

On June 6, the Elderlaw Clinic was once again victorious. The New York Court of Appeals upheld an Appellate Division decision protecting elderly tenants’ rights and denied a motion by the New York City Department of the Aging for leave to appeal. This notable decision will have a far reaching impact on the legal rights of the elderly, particularly in the area of rent freezes.

Susan Chuang, ’02, under the supervision of Senior Staff Attorney Jane Landry-Reyes, drafted the appellate brief as well as the opposition to the motion for leave to appeal. The trial Court had held that it was not necessary for an otherwise eligible senior citizen to have recently received a rent increase in order to obtain a rent freeze under the Senior Citizen Rent Increase Exemption (SCRIE) program. The City then successfully obtained leave to reargue , but the Supreme Court, New York County nonetheless adhered to its decision, annulling the City’s denial of a rent exemption to the Elderlaw Clinic’s client. The Appellate Division, First Department agreed with the lower court, as did the New York Court of Appeals.

The favorable decision protects seniors who may have temporarily reduced rents as a result of rent reduction orders from the State Division of Housing and Community Renewal, but who would receive large rent increases once those orders are lifted. Since senior citizens would now be entitled to apply for a rent freeze before the rent reduction orders are lifted, they will be able to lock in lower rents to protect themselves from possible subsequent eviction due to inability to pay higher rents.

In other news, the Elderlaw Clinic is pleased to announce the addition of two new attorneys to its team. Andrea Spratt, a graduate of St. John’s University School of Law, joins the Clinic from New York Legal Assistance Group, where she was an attorney for five years. During law school, Ms. Spratt was an intern with Legal Services for the Elderly in Queens. In addition, Mariam Mahmood is the recipient of a year-long grant from the Manhattan Borough President to work as a part-time attorney with the Clinic. Ms. Mahood was previously with the Consumer Law Unit of the Legal Aid Society. Brooklyn Law School welcomes Ms. Spratt and Ms. Mahmood to the community.