Two Brooklyn homeowners accused New York’s court administrators and justices of the state’s Supreme Court in Brooklyn of failing to implement a state law requiring courts to assess if homeowners who are facing foreclosure and cannot afford an attorney should be given free legal representation, according to court documents filed Wednesday.

The New York Civil Liberties Union has filed a proposed class action on behalf of Carl Fanfair and Gloria Antoine, two Black homeowners who are going through foreclosure after falling behind on their mortgage payments during the COVID-19 pandemic

In their class petition, Fanfair and Antoine alleged that the housing court judges dealing with their cases failed to comply with Rule 3408 of the Civil Practice Law and Rules, which requires courts to provide additional protections and foreclosure prevention opportunities to homeowners at risk of losing their homes.

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