LSHV files federal lawsuit against The Bozeman Law Firm, PLLC

WHITE PLAINS, NY – Barbara Finkelstein, CEO of Legal Services of the Hudson Valley (LSHV), announced that the nonprofit organization has filed a federal lawsuit on behalf of five current and former tenants of the Greenburgh Housing Authority (GHA) against The Bozeman Law Firm, PLLC, a Mount Vernon law firm which represents the GHA (a public housing authority) in landlord-tenant disputes lawsuits.

The lawsuit claims that Bozeman Law repeatedly sues tenants in the GHA’s housing who receive Section 8 federal housing benefits for non-payment of rent, even though Bozeman Law knows that the sums it seeks are by law not “rent” and in many cases are not owed by the tenants. Should a tenant obtain a lawyer (often an LSHV staff attorney) to defend their rights, Bozeman Law immediately withdraws the legal proceedings… only to file them again shortly thereafter, often based on the same or similar facts. This process is repeated again and again if the tenant shows up in court with an attorney. LSHV’s lawsuit claims Bozeman Law is doing this to harass tenants and evict them when they are unable to secure an attorney to defend their rights.

“We are all familiar with the notion of ‘Justice for All,’ but Bozeman Law appears to believe that that fundamental principle does not apply to the tenants in the Greenburgh Housing Authority,” said Finkelstein. “We have repeatedly told Bozeman Law that their practices violate state and federal law and it has to be stopped, yet the firm continues to disregard what we and the housing court judges in Greenburgh have made clear is improper. That’s why, to defend the rights of our clients and stop this abusive practice from continuing, we have asked the courts to resolve this.”

The suit was filed in United States District Court for the Southern District of New York at its White Plains division, and alleges that Bozeman Law is a “debt collector” for GHA and has violated the Fair Debt Collection Practices Act, as well as New York Law with respect to the tenants’ right to remain in their homes. The suit seeks an end to this harassment and a declaration that it violates federal and state law. It also seeks statutory damages of $1,000 per plaintiff. The case is being handled by LSHV Attorneys Christopher Schweitzer, Robert Hermann, Marcie Kobak and Joanne Sirotkin.

LSHV is the only provider of free, comprehensive, civil legal services in the seven counties of the Hudson Valley to those that cannot afford an attorney when their basic human needs are at stake. Last year, LSHV handled almost 15,000 cases impacting more than 34,000 household members.

While the organization’s more than 110 attorneys and paralegals work across a wide variety of urgent civil practice areas including domestic violence, elder law, disability and veteran’s benefits, and healthcare, often the most tenuous and urgent need for its clients is preventing homelessness. In fact, almost 45% of LSHV’s cases each year focus on keeping children and families in their homes.

Without stable housing, families can’t work to support themselves, children fall behind in school, and communities incur high costs in the form of providing shelter and increased social services. All of this combines to put demands on taxpayers and their local governments to undue the cycle of poverty.

But just as important as the “Why” preventing homelessness is so important, is the “Who” the organization helps.

“Simply put, the people that we serve at LSHV are our neighbors, our daughters, and our sisters,” said Finkelstein. “70% of our clients are women and 40% of those impacted are children. They are just like us – they work, support their families, and want a better life. Yet, because they live below the poverty line, when they endure one major illness, one job loss, or one tragedy, the result is a desperate situation and someone in need of a helping hand. That’s where LSHV makes a difference.”

For more information about LSHV, please visit www.lshv.org.