High demand for pro-bono legal services during COVID

Attorneys fear foreclosures on the horizon

BY JESSI STONE NEWS EDITOR

As people continue to struggle through the COVID-19 pandemic, the demand for pro-bono legal services has spiked, putting more demand on nonprofit legal organizations like Pisgah Legal Services and Legal Aid.

Pisgah Legal Services, which opened an office in Highlands/Cashiers last year, and Legal Aid, which has had an office in Sylva for decades, have seen a hefty increase in call volumes from people needing free legal representation in civil matters. And more people out of work means more people are eligible for the free services.

“So many low-income people are eligible for our services in Western North Carolina — well over 200,000 people were eligible last year and last year we helped 22,000 people, which is a record. So already we’re not able to meet the need,” said Jim Barrett, executive director of Pisgah Legal Services. “And in this pandemic, a lot of people have fallen into poverty and have recently become eligible for services, and all this happened really suddenly.”

The nonprofits are able to help people with a host of civil legal matters, but the vast majority of the work during the pandemic has been surrounding domestic violence, housing, Social Security benefits, unemployment claims, unfair debt collections and health coverage.

“We’re helping people stabilize and secure affordable housing, helping them access affordable health insurance to get the health care they need, helping people avoid domestic violence and child abuse or escape from it, and we’re helping people increase their income to come out of poverty,” Barrett said. “In the pandemic, the emphasis has shifted to unemployment and housing issues. We’re seeing more situations where people are losing income and needing health insurance coverage because they’ve lost a job.”

Suzanne Saucier, the managing attorney of the Smoky Mountains Legal Aid office based in Sylva, has worked for the organization since 2010. She interned at the Sylva office in the summer of 2009 and loved it so much she decided to come back to the area after she graduated law school to continue her work with the nonprofit.

“Our mission is basically to bring legal justice to those who can’t afford it,” she said. “When you think of providing legal services for people who can’t afford an attorney, I think most people think of public defenders, but that’s on the criminal side of the law. We offer services on the civil side of the law.”

While Saucier has eight attorneys, three paralegals and one healthcare navigator who work in this area, she also has the expertise of the statewide Legal Aid network.

“Having those resources statewide and being able to make a big impact for everyone in North Carolina because of our reach across the state — that’s something that’s been such a plus during all this,” she said.

Staying connected to lawyers in other parts of North Carolina and staying informed has been critical during the pandemic as COVID-19 regulations and protocols seem to be changing daily.

Barrett said Pisgah Legal is averaging more than 1,000 calls a day — sometimes more than 1,400 calls a day — from people seeking advice. About 30 percent of those calls are from people who can be referred to Pisgah’s Mountain Area Volunteer Lawyer program (MAVL). About 300 attorneys volunteer to assist Pisgah Legal clients today. In 2017 alone, WNC attorneys donated 3,176 hours, a value of $794,083.

Suzanne Saucier serves as the managing attorney at the Smoky Mountains office for Legal Aid of North Carolina.

work and isolated together at home, emotional and mental stress is high, which has led to an increase in domestic violence incidents. Even though much of the court system hasn’t been operating during the pandemic, domestic violence cases are still being heard.

“We’re very fortunate in our part of the state none of our agencies had to shut down so we’ve worked closely with them through the pandemic as they continue to provide services,” Saucier said. “And even when the courts shut down these kinds of cases continued.”

Even though the cases are still being heard, Barrett said court system delays have still been an issue because of social distancing requirements and cases having to be spread out.

“The courts are scheduling things farther out and farther apart, and I think the results of that are going to be all over the place. In some cases it might have made people quit litigating and start talking to each other and in other cases justice has been delayed for people,” Barrett said. “In many cases justice wasn’t possible because the money for relief hasn’t come yet.”

Legal Aid and Pisgah Legal have worked on more eviction cases in the last year as more people are unable to pay rent. Temporary regulations during the pandemic gives renters some leeway when it comes to paying their rent. However, landlords can still evict a tenant for reasons not associated with COVID-19. Eviction cases are also still being heard in court.

“We’re trying to help people have a safe home. There may be conditions the landlord is not fixing in the home or fair housing discrimination cases,” Saucier said. “We’re trying to keep families in a physically and emotionally safe environment so we work on domestic violence cases as well.”

The Centers for Disease Control and Prevention plans to extend the eviction moratorium through March 31. Gov. Roy Cooper has already extended his state eviction order to March 31, assuring the CDC order still applies in N.C.

Saucier said it’s important for tenants to understand the moratorium is not a blanket moratorium — landlords can still go through the eviction process for certain reasons. She encourages tenants to download the Affirmative Action form on the Legal Aid website to provide a copy to their landlord.

“Know that your landlord can’t change your locks or turn off your electricity without going through the court process,” Saucier said. “Since it’s not a total moratorium, landlords have gotten smart about ways to get around these things.”

On the other side of that, Barrett said other landlords have been working with their tenants, understanding the financial struggles people are going through right now even though they may be struggling to pay their own mortgages on rentals.

A recent research study that came out of Duke University showed the eviction moratorium is reducing incidents of COVID — information lawyers have been able to use in court as one argument for keeping their client in their home. There are plenty of other reasons though, including the scarcity of long-term rental properties in WNC.

“Even when we’re not talking about COVID, moving is hard for everyone whether you have resources or not and when you don’t have resources it’s that much more difficult,” Saucier said. “Imagine having a child doing remote learning and then trying to move and get all that set back up. Not to mention uprooting a family from their home can be traumatic.”

FORECLOSURES COMING

Then there’s the foreboding issue of home foreclosures — something Barrett and Saucier say is their main concern moving into 2021.

“I’m dreading the flood of foreclosures I see coming,” Saucier said. “There are some protections in place and mortgage companies are willing to work with people on for-

Enrollment for ACA coverage open Feb. 15 through May 15

People have a new opportunity to enroll counselor program coordinator with in health insurance for 2021 on Mountain Projects. HealthCare.gov, but only for a limited time. Consumers enrolling in a plan on This new COVID-19 Special HealthCare.gov are guaranteed to receive Enrollment period starts on Feb. 15 and comprehensive coverage, with no preends on May 15. Pisgah Legal Services, existing condition exclusions or markups. Legal Aid and Mountain Projects all have All plans cover essential benefits, includhealth care navigators on staff and are ing doctor and hospital visits, prescription once again offering free assistance helping drugs, mental health treatment, and people review their options and sign up maternity care. In addition, consumers for ACA health insurance. receive free preventive care services, such With job losses continuing to mount as immunizations and health screenings. amid the COVID-19 resurgence, and mil- Testing and treatment of COVID-19 are lions of people having lost their job-based considered essential health benefits and health insurance since the start of this are covered by all HealthCare.gov plans. public health and economic crisis, the Consumers should avoid insurance Biden Administration has opened up plans offered outside of HealthCare.gov HealthCare.gov to give people who need that seem too good to be true. “Junk insurhealth insurance a new opportunity to get ance” products and short-term limited covered, but they must act quickly. duration plans pose huge financial risks to “More than 535,000 North Carolinians consumers. These products can refuse to enrolled in a health insurance plan during Pisgah Legal Volunteer Attorney Justin Sigmon, right, helps client, Dennis, fill out pay for care for pre-existing conditions, legal paperwork. the last Open Enrollment period,” said charge consumers more based on their Shannon Cornelius, Pisgah Legal’s Health gender, and impose annual coverage limits. Legal assistance If you can’t afford a lawyer and have questions about your rights as a tenant or landlord, ACA health care coverage, unemployment or Social Security benefits, not receiving your stimulus checks, unpaid utilities or mortgages or any other COVID-19 related matters, you might qualify for free legal representation through Pisgah Legal Services or Legal Aid. Both organizations serve people in the western counties. • Pisgah Legal Services — Serves Macon and Jackson counties. Call 828.210.3404 or visit www.pisgahlegal.org. nomic downturn and some have even had to dip into their retirement to stay afloat. When that happens, Barrett said he definitely worries about more foreclosures happening in 2021. “We’re just waiting for that other shoe to drop,” he said. “We are wondering how patient are the banks going to be?” With the federally insured loans, Barrett said the government keeps extending the deadline for people to extend their mortgage terms into the future so they don’t get behind. Mortgage holders that aren’t federally insured aren’t compelled to renegotiate terms with people, and Barrett said he’s heard some of those lenders are already starting foreclosure proceedings. Justice Program Director. “This is a new chance for people to sign up, and anyone who needs health insurance should visit HealthCare.gov today, or contact Pisgah Legal Services if you need assistance. Don’t delay.” Health insurance is more affordable than many people think. In North Carolina, 83 percent of current marketplace consumers had plans available for 2021 that cost less than $50 per month, after financial help. Nine out of 10 marketplace enrollees in North Carolina received financial help that lowered their monthly health insurance premiums last year. In addition, 57 percent of enrollees also qualified for lower out-of-pocket costs for health care services. “HealthCare.gov is the only website where North Carolina consumers are guaranteed to get comprehensive coverage,” said Cornelius. Jim Barrett, executive director of Pisgah Legal Services, said a navigator can help people find the best plan for them and also explain how the federal subsidies work. “”It’s terribly complicated the way the subsidy works — it’s on a sliding scale so you have to anticipate your income to determine how much you’ll pay for your premium,” he said. “And you have to be above the poverty line to qualify because North Carolina didn’t expand Medicaid so we have this Medicaid gap.” Make an appointment at pisgahlegal.org/aca or call 828.210.3404. • Legal Aid of NC — Serving all counties FINDING ASSISTANCE “Many people can find good deals on HealthCare.gov and receive financial assisMake an appointment with Mountain Projects by calling 828.452.1447 or visit bearances right now, but it’s only delaying west of Buncombe. Call 828.586.8931 or visit www.legalaidnc.org Pisgah Legal and Legal Aid are both encouraging WNC residents to check their websites regularly for updates to COVIDrelated legal issues and useful forms people tance to help lower their monthly health insurance costs,” said Plummer. “We help guide our clients through that process,” said Jan Plummer, certified application www.getcoveredwnc.com/get-in-touch to find your local contact. Make an appointment with Legal Aid at 828.586.8931 or visit www.legalaidnc.org. the inevitable. Banks have held off on those, may need. but when they get the green light I think Legal Aid services all seven counties west across the state we’re going to see foreclo- of Asheville while Pisgah Level Services although there are exemptions when it comes priority on it. I don’t know if they don’t sures happening.” serves Jackson and Macon counties in addi- to elderly and domestic violence cases. know how important of a safety net we are

Once the COVID regulations are lifted, tion to counties east of Asheville. Pisgah Barrett said Pisgah has been fortunate to or they’re just indifferent,” he said. “We homeowners will be no better off than they recently opened an office on the Plateau to receive some additional funding from vari- used to get $7 million a year, but since the were when the pandemic hit and will only be serve Highlands-Cashiers, though lawyers ous sources to help with specific issues dur- recession it’s just kept going down. We’ve further behind on their payments. have been working remotely from home dur- ing COVID, including CARES Act funding had to raise money from private sources and

“We’ve been urging people to pay their ing the pandemic. to hire a lawyer to work on elder law issues donations, but you never know how long rent or mortgage if they can and as much as Both organizations also have specific pro- and a grant from Dogwood Health Trust to that’s going to last.” they can because the more they get behind, grams that focus on the rights of seniors — hire someone to work on housing issues and Legal Aid, on the other hand, received fedthe more likely they are to be displaced when helping with estate issues, Social Security to help people sign up for the Affordable eral funding in addition to state funding and the moratorium ends,” Barrett said. “You and/or unemployment benefits and elder Care Act, which is having an extended private donations/grants. Legal Aid’s entire have to make a good faith effort to pay what abuse cases. Legal Aid also works in the tribal enrollment period. state budget is about $28 million. you can and that’s what’s been difficult about courts on the Qualla Boundary handling Pisgah Legal doesn’t receive any state If you are looking for resources, the best our work — helping people find the assis- adoptions and parents custody cases. funding, something that still boggles Barrett. first call to make is 211. That line can contance they need to do that.” The nonprofit does not offer sliding scale “We get more funding from Buncombe nect you with food, heating and other assis-

He added that many people have services — only free services for those who County than we do from the state. The tance through government agencies and already spent their savings during this eco- meet the poverty level requirements, General Assembly leadership doesn’t put a nonprofits.