HOUSING

The Housing Unit provides legal support on a variety of housing matters. We represent tenants in eviction proceedings, assist homeowners facing property tax foreclosure, and help seniors with landlord/tenant disputes, including housing code violations. Financial literacy services are also available to seniors who want to stay in their homes but are unsure whether it's affordable. To find out if you qualify for assistance, call our intake line at 716-853-3087.

The Housing & Financial Stability Program helps seniors live affordably and independently in the community. It offers direct legal services, community education, and financial literacy counseling. Through this program, seniors can receive legal representation in property tax foreclosure matters, along with support in budgeting and financial planning.

The Foreclosure Prevention Project (assists homeowners who are at risk of losing their homes due to mortgage or property tax foreclosure. Our attorneys and paralegals help clients understand their options, respond to legal documents, and provide representation in court.

• Homeowners residing in a home that is at risk of foreclosure

• Resident of Erie, Niagara, Orleans, Wyoming, or Genesee County

• There are no age or income restrictions

New York’s foreclosure process can be lengthy—on average, it takes about two years. Before your lender can begin a court case, they are required to send you specific notices. Once the legal process starts, you will receive a summons and complaint, followed by a letter from the court with a date for a settlement conference.

If you want to keep your home, it is important that you or your attorney attend the settlement conference. During this time, the foreclosure case is paused while you explore possible solutions, most often through applying for a loan modification.

Attorneys from the Foreclosure Prevention Project are present at settlement conferences. Our goal is to help you understand your options and work toward a resolution that may allow you to stay in your home.

What is a notice to quit and what does it mean?

• If you are a tenant, there are two notices that your landlord can use to demand you leave your apartment. The first is a 30 day Notice to Quit that means your landlord wants you out within the stated time period. The second type is a 3-Day Pay or Quit Notice. This notice means you have 3 days to pay in full or leave the apartment. Failure to abide by either of these notices can lead to eviction proceedings. A landlord may not take any measures to forcibly remove you from an apartment. The landlord must request an eviction in a court and a judge must issue a warrant of eviction. If you require assistance in interpreting a notice you have received or require representation in court, please contact our office at 716-853-3087.

I am behind on my property taxes, what can I do?

• If you are located in the City of Buffalo, Erie County or Niagara County, we can provide assistance with determining what your options are. If your home is already in foreclosure due to outstanding taxes, we will need to work with you as soon as possible to determine whether we can negotiate a payment arrangement to avoid foreclosure. If you are not in foreclosure yet, we can work with you on budget options to see if you can catch up on the taxes to avoid foreclosure.

I received a notice because my home needs repairs, do I need to go to court?

• Yes. Please take any notice from your local municipality seriously. There can be penalties against you for failure to appear in housing court. If you need assistance in interpreting a notice you have received from housing court or if you require representation in housing court, please contact our office to request help.

If I receive a summons and complaint, do I need to move right away?

• No. You do not need to move unless the property is sold at auction, which is the last step in the long foreclosure process. You can continue to live in your home throughout the process. If you have received a summons and complaint, and wish to respond to the papers yourself, there is a standard answer form that you can use. Download it here.

I fell behind on payments. Why is the mortgage company only accepting the full amount due?

• After you have missed a number of payments, the bank will accelerate your loan and only accept the entire amount that you are behind. Once the loan is accelerated, the lender is no longer required to accept payments.

Can you help me apply for a loan modification if I'm not in foreclosure yet?

• If you need assistance applying for a loan modification or other payment agreement with the lender, you can contact a HUD housing counseling agency for free assistance from a housing counselor. They can help you with a loan modification application and work with your lender on your behalf. To locate housing counseling agencies anywhere in New York State, call 855-466-3456.

I paid a company to help me get out of foreclosure. Is it a scam?

• Unfortunately, there are many companies that claim to help homeowners in foreclosure, but do not actually provide quality services. The New York Attorney General’s Office has a site where you can see if the company is legitimate and search for approved resources and help. Visit https://homeownerhelpny.org.

The Housing & Financial Stability Program is available thanks to the support of Erie County, Hamburg Community Development, the NY State Interest on Lawyer Account Fund, and the NY State Judiciary Civil Legal Services Fund.

The Foreclosure Prevention Project is a partnership with the Legal Aid Bureau of Buffalo and the Western New York Law Center, and is funded by the Attorney General’s Homeowner Protection Program.