Presentation is loading. Please wait.

Presentation is loading. Please wait.

Our Vision Ensuring poverty is not a barrier to justice.

Similar presentations


Presentation on theme: "Our Vision Ensuring poverty is not a barrier to justice."— Presentation transcript:

1

2 Our Vision Ensuring poverty is not a barrier to justice.

3 Lawyers Change Lives -Ms. Q is a single mother who was on the verge of earning an associate's degree with the hope of climbing the ladder at HEB, where she had worked as a clerk for many years. However, several criminal charges (that never resulted in convictions) stood in her way. If she could obtain an expunction, she could clear her record and apply for the job. Unable to afford a lawyer, she sought help at a VLS clinic. -VLS referred this case to Paul Quinzi to petition for an expunction.

4 Lawyers Change Lives Client Survey: “My attorney really took very good care of me. I would recommend him to anyone. He went out of his way for me. I am very grateful for all his help. He literally changed my life for the better. Now I have a future.”

5 The Problem Percentage of Travis County Residents Living Below the Poverty Line: More than 17% –Single Mother Poverty Rate: 36% –Minority Poverty Rate: 23% Percentage of Low Income Texans Who Receive Needed Legal Services: Less than 20% Courts Reporting Increase In Pro Se Litigants

6 Impact of Austin’s Growth on Low Income Individuals From 2012 to 2013 Austin’s Poverty Rate Fell from 20.3% to 17.5% –From 2012 to 2013 Bastrop County Poverty Rate Exploded From 11% to 22% Over 5,000 Individuals in Kyle Living Below Poverty Level Foreclosure Rates In Del Valle, Manor, Buda and Kyle 3-4 Times the Rate in Austin

7 We Believe While the need is endless, the need of each individual is not.

8 Take a case Give advice at an evening clinic Be a mentor Be a “go-to firm” for an area of law Mediate a case Donate! How You Can Help

9 VIDEO

10 Attorney Experience Robert Rodriguez

11 Types of Cases: Basic Needs Shelter, including Landlord-Tenant Transportation Employment and Disability Predatory Lending Family Law

12 Landlord-Tenant Disputes Repairs

13 Landlord-Tenant Disputes Problem: Landlord is refusing to make requested repairs to client's rental property.

14 Landlord-Tenant Disputes Best Advice: Client should get current on their rent.

15 Landlord-Tenant Disputes: Repairs Landlord has a duty to repair or remedy when: Tenant specifies the condition in a notice –in writing –to person or at place where rent is normally paid Tenant is not delinquent on rent at time of notice, and The condition materially affects physical health or safety of an ordinary tenant –Examples: sewage backups, roaches, rats, no hot water, faulty wiring, roof leaks, sometimes lack of heat or air conditioning

16 Landlord-Tenant Disputes: Repairs But there is no duty to repair normal wear and tear or if the tenant, lawful occupant, family member, or guest caused the damages.

17 Landlord-Tenant Disputes: Repairs How to Exercise Rights as a Tenant: Make sure tenant is up to day on rent payments Give dated, written notice to landlord of needed repairs Give landlord reasonable time to make the repairs –"Reasonable time" depends on the circumstances, but usually 7 days Call a city inspector (not required, but it helps) Give a second written notice requesting repairs

18 Landlord-Tenant Disputes: Repairs How to Exercise Rights as a Tenant: Give a second written notice requesting repairs –Best practice: send by certified mail –Include that this is the second written notice, request and explanation for lack of repair, and include tenant's planned remedies –Second notice is not required if first notice was sent by CMRRR and included what the tenant will do if the repairs are not made

19 Landlord-Tenant Disputes: Repairs Tenant's Remedies: Terminate lease and move –Written notice of termination with move out date –Tenant is entitled to refund of security deposit and refund of rent for the remainder of the month after tenant vacates Seek a court order –Directing landlord to make repairs (only from county and district courts) –Granting partial rent reduction to date of first repair request –Award tenant one month rent + $500 –Actual damages, attorney's fees, court costs

20 Landlord-Tenant Disputes: Repairs Tenant may make repair and deduct the cost from rent only if: Tenant gives written notice to landlord AND The repair involves –raw sewage into the dwelling –complete lack of potable water –lack of heating or cooling and notice to landlord by the appropriate housing or health agency that the lack of heating or cooling materially affects the health or safety of ordinary tenants

21 Automobile Issues Towed cars

22 Automobile Issues: Towing Problem: Client's car was rightfully or wrongfully towed.

23 Automobile Issues: Towing Best Advice: Pay to retrieve vehicle as soon as possible, then try to get the money back.

24 Automobile Issues: Towing Towing Basics: Initial towing fee + daily storage fees Storage facility must send owner certified notice within 10 days of receiving the car. If car is not claimed within 20 days of date on notice, the lack of response is considered consent to sell the care at public auction If owner cannot afford fees, owner has right to remove personal belongings from the car.

25 Automobile Issues: Towing A vehicle may be towed by a private entity if: Car blocks an entrance, exit, fire lane, or parking aisle Driver is told to move car and given actual notice that it will be towed Private lot contains conspicuous and permanent "Designated Parking Only" signs, contain the international towing symbol, state who may park there and prohibits all others, say "Unauthorized Vehicles Will Be Towed at Owner's or Operator's Expense", and contain name and number to facility where vehicles will be removed

26 Automobile Issues: Towing A vehicle may be towed by a government entity if: Unattended and inoperable, more than 5 yrs old, and left on city property more than 48 hrs Remained illegally on public property for more than 48 hours or on private property more than 48 hours without owner's consent On highway right of way more than 48 hours If driver is arrested and there is no licensed, sober driver to entrust the vehicle

27 Automobile Issues: Towing Remedies for Improper Tow: If overcharged--contact storage unit. The storage charges may not exceed the storage unit's posted rates If towed illegally--try talking to the property owner and ask them to contact the tow company; take pictures of area

28 Automobile Issues: Towing Remedies for Improper Tow (cont'd): Tow hearing--$20 filing fee, request form must be filed within 14 business days of towing date Small Claims Court--$15 court costs, $5000 or less at issue, must be able to prove you were wrongfully towed, overcharged, or car was damaged by towing company

29 Questions?


Download ppt "Our Vision Ensuring poverty is not a barrier to justice."

Similar presentations


Ads by Google