Cases And Other Representational Work:
LEGAL COUNSEL FOR THE ELDERLY - Contact Shirley Williams, 202-434-2129,
for more information
1. PRO BONO WILLS AND POWERS OF ATTORNEY. LCE seeks pro bono
attorneys to prepare basic wills and financial and health care powers of attorney
on behalf of low-income clients. LCE will provide electronic sample wills and
power of attorney forms. LCE also has a need for attorneys willing to do home
visits for homebound elderly in need of wills. Please consider this option as
well.
2. HOME VISIT WILLS & POWERS OF ATTORNEY. Legal Counsel
for the Elderly seeks pro bono attorneys to prepare basic wills and powers of
attorney on behalf low-income and physically disabled, homebound senior citizens.
We have a great need for help in this area. LCE will provide sample forms.
LEGAL AID SOCIETY
- Contact Jodi Feldman, 202-661-5965, for more information.
1. BENCH TRIAL SCHEDULED IN LANDLORD-TENANT ACTION; APPLICANT ADVISED
TO SEEK CONTINUANCE FOR PURPOSE OF RETAINING COUNSEL. The applicant
has lived in her current apartment for seven years. She states that the rent
was $400/month, and she was paying rent until January 2005 when she stopped
paying because of poor conditions in the apartment that the landlord had failed
to repair. These ongoing conditions include: a large crack under the kitchen
sink through which mice enter the apartment; loose and missing floor tiles in
the kitchen; a broken light switch in the kitchen; cracks in the kitchen and
bedroom walls; a leaking bathtub; a broken toilet; a broken window in the bedroom;
a crack and leak near the bedroom lighting fixture; and insects throughout the
apartment. The applicant states that the DC Housing Inspector inspected the
property as recently as March or April 2005, and the landlord hired a private
inspector a few months later. Both inspectors cited several housing code violations.
In September, the landlord filed a Complaint for Possession based on nonpayment
of rent for May to August 2005, alleging that the rent is $236/month rather
than the $400/month that the applicant previously had paid. The applicant appeared
in court pro se and is paying $118/mont rent as determined by the court into
the court registry. She has not filed an Answer or Counterclaims. A bench trial
has been scheduled for November 15, but Legal Aid advised the applicant to seek
a continuance of the trial for the purpose of trying to retain counsel. The
applicant seeks representation to defend the nonpayment of rent action and assert
counterclaims based on the housing conditions and the alleged rent amount. Experience
Level: Beginner (05-1020263)
2. INITIAL RETURN WAS SCHEDULED IN LANDLORD-TENANT ACTION ON OCTOBER
21, 2005! APPLICANT WAS ADVISED TO SEEK CONTINUANCE. APPLICANT SEEKS REPRESENTATION
TO DEFEND NONPAYMENT OF RENT ACTION AND ASSERT COUNTERCLAIMS. The applicant
is a single mother of three children. She has lived in her current house since
February 2001. She has a housing voucher and pays only a portion of her rent.
The DC Housing Authority pays the remaining portion. Beginning in January 2005,
water started pouring in through holes in the roof and the upstairs ceiling.
The landlord did not make the necessary repairs for several months, and the
applicant had significant damage to her property. In February 2005, a leak developed
in the kitchen ceiling. The landlord did not fully repair the ceiling which
eventually fell in. In March 2005, the applicant paid only half of her portion
of the rent because of the landlord’s failure to make the necessary repairs,
and she has withheld the rent since then. Additional repairs that need to be
made in the home include a broken refrigerator and a leaking washing machine.
A DC Housing Inspector has advised the landlord that he must make the necessary
repairs, but he has failed to do so. The landlord file a Complaint for Possession
based on nonpayment of rent, and the initial return was scheduled for October
21, 2005. Legal Aid staff advised the applicant to seek a continuance for the
purpose of trying to secure counsel. The applicant seeks representation to defend
the nonpayment of rent action and assert counterclaims as appropriate. Based
on the facts provided by the applicant, in addition to counterclaims based on
housing code violations and damage to personal property, she may have an additional
claim because the landlord has been charging her more than the amount of rent
that the Housing Authority has determined she should pay. Experience Level:
Beginner (05-1020217)
3. DISABLED TENANT SEEKS REPRESENTATION TO BRING AFFIRMATIVE ACTION
AGAINST LANDLORD TO CORRECT SERIOUS MOLD PROBLEM. The applicant is
a woman in her mid-50s who is disabled. Her only source of income is about $6500/year
in Supplemental Security Income. She currently pays $411/month month in rent.
The applicant states that there is a serious mold problem in her apartment.
The applicant previously rented another unit in the same building where there
also was a severe mold problem. The applicant states that after complaining
to the landlord for over a year about the mold, the landlord moved the applicant
into a different apartment. According to the applicant, the mold in the unit
she now occupies is not as bad as the previous unit, but the mold continues
to grow. The applicant states that she has had breathing problems and rashes
since living in the apartment, and her doctor has told her that the mold in
her apartment is making her sick. The applicant seeks representation to bring
an affirmative civil action in Superior Court against her landlord to require
the landlord to correct the mold problem and to seek abatement of rent paid
and/or damages as appropriate. Experience Level: Beginner (05-1020276)
4. SINGLE MOTHER SEEKS REPRESENTION TO BRING AFFIRMATIVE ACTION AGAINST
LANDLORD TO MAKE SEVERAL REPAIRS AND FOR MONEY DAMAGES.
The applicant is a single mother of one who has lived in her basement apartment
since September 2004. She has experienced several problems with the apartment
including repeated floods that have left mold and mildew damage. The applicant
states that her four-year-old daughter now has developed a mold allergy. According
to the applicant, additional problems with the apartment include: an inoperable
stove; air conditioning and heat that does not work; and rodent infestation.
A DC Housing Inspector who inspected the apartment in June 2005 reported several
housing code violations including: loose or peeling paint/wall covering; a damp
wall; inoperable locks on the entrance door; obstructed skink drain; a bathroom
sink that is loose from the wall; and a defective ceiling fan. The applicant
has spent her own money to make some repairs and replace some damaged property.
She seeks representation to bring an affirmative civil action in Superior Court
against her landlord to make the necessary repairs and to seek abatement of
rent paid and/or damages as appropriate. Experience Level: Beginner (05-1020176)
5. APPLICANT SEEKS REPRESENTATION TO BRING AFFIRMATIVE ACTION AGAINST
LANDLORD TO FIX LEAKING CEILING, PURSUE MONEY DAMAGES FOR RUINED PERSONAL PROPERTY;
ADDITIONAL ADMINISTRATIVE ACTION ALLEGING IMPROPER RENTAL INCREASE POSSIBLE.
The applicant is a woman in her late 40s whose only source of income
is about $1000/month in disability payments. She has lived in her current apartment
for seven years and has experienced a number of problems. Beginning in 2000,
water from an upstairs unit began leaking into her apartment through the ceiling
which caused mold, mildew and damage to the applicant’s personal property.
The applicant alerted the landlord about the leak, but the landlord did not
make any repairs. The landlord ultimately made some other repairs after the
DC Housing Inspector identified numerous housing code violations in November
2000. However, the landlord never repaired the leak, and, in March 2005, the
ceiling again began to leak, ruining more of the applicant’s personal
property and exacerbating the existing mold and mildew. The applicant has sought
medical treatment for allergy-type symptoms which she believes are the result
of exposure to the mold in her apartment. The applicant seeks representation
to initiate an affirmative civil action in Superior Court against her landlord
to repair the leak and to seek money damages. The applicant also seeks to challenge
a rental increase; her landlord increased her rent twice in one month. Such
a challenge can be brought through an administrative procedure at the DC Rental
Accommodations and Conversion Division. Experience Level: Beginner (05E-1019336)
6. SPANISH-SPEAKING, WORKING MOTHER SEEKS REPRESENTATION TO BRING AFFIRMATIVE
ACTION AGAINST LANDLORD TO REPAIR LIVING ROOM CEILING THAT REPEATEDLY CAVES
IN. SPANISH-SPEAKING ATTORNEY OR USE OF INTERPRETER REQUIRED. The applicant
is a Spanish-speaking, single mother raising two children. She is employed and
earns about $17,000/year. The applicant has lived in her current apartment for
about 15 years. She lives on the top floor, and according to the applicant,
every time it rains hard, water damage occurs in the living room ceiling, and
the ceiling caves in. This has occurred five times, the most recent time in
October 2005. The applicant states that the landlord has refused to fix the
exterior roof to correct the problem with the living room ceiling. Each time
the ceiling caves in, the applicant states that there is resulting damage in
the apartment, and she also is fearful that her family’s health is at
risk. The applicant seeks representation to bring an affirmative civil action
in Superior Court against her landlord to repair the ceiling and exterior roof
and to seek abatement of rent paid and/or damages as appropriate. Experience
Level: Beginner (05E-1020209)
7. SPANISH-SPEAKING, SINGLE MOTHER OF TWO SEEKS REPRESENTATION TO INITIATE
SMALL CLAIMS ACTION TO RECOVER SECURITY DEPOSIT. SPANISH-SPEAKING ATTORNEY OR
USE OF INTERPRETER REQUIRED. The applicant is a Spanish-speaking, single
mother. She previously was living in an apartment where serious housing code
violations existed. The applicant withheld her rent, and her landlord initiated
a landlord-tenant action for possession. The applicant defended the action based
on the housing code violations. The applicant and the landlord ultimately agreed
to a settlement that involved the applicant moving out of the apartment in June
2005. Pursuant to applicable law, a landlord has 45 days after a tenant moves
out to either return the security deposit or notify the tenant in writing of
the landlord’s intention to withhold and apply any monies toward defraying
the cost of expenses properly incurred. The law further provides that a landlord’s
failure to comply is evidence that the tenant is entitled to return of the security
deposit and the landlord may be liable for triple the original amount of the
security deposit. The applicant’s former landlord has failed to return
the security deposit or notify the applicant of his intent to withhold. The
applicant seeks representation to initiate a small claims action pursuing all
available remedies and damages. Experience Level: Beginner (05-1020213)
8. SINGLE, WORKING MOTHER SEEKS REPRESENTATION IN CUSTODY ACTION INITIATED
BY FATHER OF HER TWO-YEAR-OLD CHILD. The applicant is a single mother
raising two children. She is employed and earns about $20,000/year. She previously
was involved in a relationship with the father of her younger child, but the
relationship ended before the child was born. The child is now two-years-old
and has lived with the applicant since birth. There has been no prior custody
adjudication, but the applicant states that paternity has been established,
and the father is paying child support. The applicant states that the father
previously had visited informally with the child, but visitation has not occurred
for the past seven months following an altercation between the applicant and
her child’s father resulting in the issuance of a restraining order requiring
the child’s father to stay away from the applicant. Although the restraining
order does not require that the father stay away from the child, the applicant
states that she has not allowed the father to visit. The child’s father
has filed a Complaint for Custody seeking joint legal and physical custody of
the child. The applicant wants to pursue a Counterclaim for sole legal and physical
custody with supervised visitation for the father. She seeks representation
in this ongoing custody action. Also, although the applicant and the child’s
father are no longer in a romantic relationship, the applicant states that she
is pregnant with another child by the same father and ultimately would like
to include this child in the custody action. Experience Level: Beginner (05E-1020313)
WOMEN EMPOWERED
AGAINST VIOLENCE (WEAVE) - WEAVE requires that you attend one of
their legal trainings or have attended some other domestic violence training
before taking a case. WEAVE’s trainings are offered 4 times each year.
Please keep in mind that continuances are frequently given to pro bono attorneys
accepting a case just before the hearing date. Even if a hearing date has passed,
the client may still be in need of a pro bono attorney. CPO=Civil Protection
Order (restraining order). If you are interested in taking any of these cases
please contact Susheela Varky, WEAVE attorney, at (202) 452-9550 ext. 109 or
at susheela@weaveincorp.org. Please note that the cases have been renumbered,
so identify the case by its facts, not its number, when you communicate with
Ms. Varky. Ask for the names and birth dates of the parties and then send that
information to Laura Klein for a criminal background check. You cannot officially
accept the case before the background check is done and you receive approval,
but, because of the short deadlines in these cases, it is best to get the approval
process started immediately. Call or email Laura Klein, 3-7529, if you have
questions.
1. 18 year-old Adult Petitioner
seeks CPO On Behalf Of a Minor Petitioner against the Minor Petitioner's father.
On November 21, the Respondent pulled the car into an alley, grabbed his knife,
and held the
knife behind the Adult Petitioner's neck. The Respondent indicated that he was
in control, that the Adult Petitioner had no way of escaping, and that the Police
could not help her. The Respondent continued to yell while pressing the knife
against the Petitioner's neck. When the Petitioner tried to escape the Respondent
threw her back into the car and took her home where he pushed her down and bit
her forehead. On October 17, the Adult Petitioner was holding the Minor Petitioner
when the Respondent pulled out a gun and held it in the middle of the Adult
Petitioner's head. The Respondent has a history of physical and verbal abuse
against the Petitioner, including numerous accounts of threats with weapons.
The Respondent has also driven recklessly with the Minor children in the car
on multiple occasions. In July 2005, the Respondent pushed the pregnant Adult
Petitioner to the ground and caused the Minor Petitioner to fall as well. CPO
Hearing 11/22/05.
2. 24-year-old Adult Petitioner
seeks CPO On Behalf Of a Minor Petitioner against the father of the Minor Petitioner.
On October 27, the Respondent took the Minor Petitioner from the Minor's school
without signing off or informing anyone. The police were called and the police
found the Minor Petitioner at the Respondent's residence. The Minor Petitioner
told the Adult Petitioner that the Respondent had hit the Minor Petitioner on
the back of the head with a fist and also on her behind. The Adult Petitioner
fears that the Respondent may take the Minor Petitioner and their other child
away. The Adult Petitioner fears for her safety and for the safety of the Minor
children. CPO Hearing 12/8/05.
3. 25 year-old Adult Petitioner
seeks CPO On Behalf Of the Minor Petitioner against the father of the Minor
Petitioner. On November 8, the Minor Petitioner arrived home from school and
told the Adult Petitioner that
the Respondent had come into the Minor Petitioner's school without the Adult
Petitioner's permission. When the Minor Petitioner went to use the bathroom,
the Respondent was hiding in the bathroom and punched the Minor Petitioner with
a closed fist in the nose and stomach. The Respondent has a history of
violence and abuses drugs on a daily basis. The Adult Petitioner fears for the
safety of the Minor Petitioner. CPO Hearing 11/23/05.Cases: