Ms. G was able to maintain her long tenancy in the apartment. All hours are Monday to Friday except where otherwise noted. This Report addresses the work of the Resources Subcommittee, which was chaired by Lisa E. Cleary with Justin Kaufman serving as secretary. I write in response to you four FOIL requests dated December 19, 2014 which were received by my office on December 29, 2014 seeking: 1. Keiley Gaston Senior Analyst. If submitting a bill, please provide the name of the provider, the date of the service, and the amount of the bill. 1 Docket/Case Information and Information Available through the City of New York Department of Housing Preservation and Development. However, for the old subject matter list there is a charge of $72.75, based on a photocopying fee of twenty-five cents (0.25) per page x 291 pages. The staff provides the following eviction/homelessness prevention services on a daily basis to the Court, to non-public assistance and public assistance clients, and to the legal/community-based organizations doing business with the Court on behalf of clients: HRA should participate in regularly scheduled meetings with Housing Court Judges. The Subcommittee agreed on four ways to improve the use of GAL resources in Housing Court. 27 at 4 (Civ. These guides help you fill out your Medicaid Renewal and give examples of documents you can use to give proof of information we need to decide on help for you. A GAL Case Summary should not be placed in a court file unless the form is made a sealed record, as the form may contain personal information which should not be made available to the general public. Other consumers must apply to the NY State of Health at nystateofhealth.ny.gov or by calling 855-355-5777. Marcy S. Friedman, to work towards the implementation of some of the reforms recommended at the Conference. nyc human resources administration NYC Human To qualify you must meet all the following requirements: If you meet these requirements and receive Medicaid coverage with a monthly spenddown, you can still enroll in the MBIWPD program. forms in their files for a period of three years and, upon request, may be asked to furnish such a copy to the Administrative Judge for the Civil Court of the City of New York. To this end, Lisa Cleary contacted William Dean, who writes a regular column in the New York Law Journal called Pro Bono Digest. Mr. Deans article appeared in the July 3, 2006 edition of the New York Law Journal. Please make your check or money order payable to the NYC Department of Social Services and mail it to the New York City Human Resources Administration, Office of Legal Affairs, Freedom of Information Law Officer, 180 Water Street, New York, NY 10038, Room 1701. For help applying, please see this list of facilitated enrollers. Pro Bono Programs Fax Number. Or you can call the Central Complaint Unit at 718-291-4141. Ct. NY Co.); New York Life v. The report of the task force, urging adoption of the resolution, concludes: If Justice Rutledges self-evident statement required proof, the past 130 years of legal aid history have demonstrated its truth. *DSS is comprised of the NYC Human Resources Administration and the NYC Department of Homeless Services. The lesson from the past 130 years is that justice for the poor as a matter of charity or discretion has not delivered on the promises of justice for all and equal justice under law that form the foundation of America s social contract with all its. The availability of additional internet access (both wi-fi and wired internet access stations) in Housing Court should be explored and, where feasible, should be provided. NYCLA subsequently created the NYCLA Task Force on the Housing Court (hereinafter Task Force), co-chaired by Professor Paula Galowitz and Hon. GALs should be entitled to immunity or indemnification with respect to their service. The Human Resources Administration (HRA) ACCESS HRA website and free mobile app allow you to get information, apply for benefit programs, and view case information online. Dedicated Faculty and Staff. She lives on the Social Security payments she receives each month. It cannot be a matter of charity or of favor or of grace or of discretion.. Site ID For HRA Partner Organizations Second, attorneys serving as GALs at the request of legal services groups are given substantial direction by the legal services agency with respect to APS/benefits issues/one- shot grants, etc., and their experiences as lawyers should decrease the amount of training required to qualify them as Court-approved GALs. These New Yorkers are at risk if sued in proceedings in the Housing Part of the Civil Court of the City of New York for nonpayment of rent or for alleged acts that could jeopardize their tenancies. Calling references, something currently being performed by the Housing Court, is an important method of screening out unqualified individuals as the Court works toward increasing the number of qualified GALs in the available pool. 05158 (June 29, 2006), raises serious questions as to whether individuals serving as GALs will be entitled to indemnification from the State. As noted above, limited internet access is currently available to pro se litigants who have cases pending in the Civil Court of the City of New York, including Housing Court. ), Guardians ad litem are appointed by Housing Court judges for litigants with diminished capacity. The DHCR shall safeguard the confidentiality of information furnished to it at the request of the person furnishing such information, unless such information must be made public or available to a governmental agency in the interest of establishing a record for the future guidance of persons subject to the RSL. Access to the E-Courts website should be provided on the Court Terminals and a direct link should be created to E-Courts on the welcome page of the New York City Housing Court website. New York City Department of Housing Preservation and Development, and New York State Division of Housing and Community Renewal, Emergency on-site rent arrears grant assessments, Computerized case-status information/printouts, Referrals to HRA Job Centers and other HRA and non-HRA. Conferees examined the Courts role in responding not only to the legal questions that come before it, such as housing conditions, holdovers and non-payment of rent, but also to the myriad social and financial problems that underlie many Housing Court casesproblems that if unaddressed can and do lead to homelessness. . Not only has equality before the law remained merely a matter of charity in the United States, but that, charity has proved woefully inadequate. Ct). Please also provide the relevant time period for the requested records, and the particular benefit type associated with the requested records. Available to Pro Users. The HRA Difference Faculty & Staff Directory Lower School Faculty Middle School Faculty Upper School Faculty Non-Teaching Staff All Faculty & Staff Dedicated Faculty and Staff Hampton for my son. The importance of this issue recently came to light in a decision issued by Judge Lewis A. Kaplan of the Southern District of New York. Judge Fisher also issued a Directive and Procedure to all Housing Court Judges mandating that a GAL complete a GAL case summary form for each case, which must be retained by the GAL for three years, and that a Judge may require submission of the form or may query a GAL on the record. The Task Force acknowledges that procedures set forth below do not address all conflicts that may arise between a GAL and a litigant. Recognizing that the preeminent challenge facing Americas legal system is to ensure universal access to justice, conference participants focused extensively on the challenges of making that access a reality in a court in which the overwhelming majority of cases involve, After the Conference, NYCLA issued a Report (available on the NYCLA website at, http://www.nycla.org/siteFiles/Publications/Publicationsl, which contained recommendations and proposals for reform, including establishment of a right to counsel in Housing Court for parties unable to afford counsel, as a means to reduce homelessness in New York City; improved resources, especially for litigants of diminished capacity; and establishment of Protocols and Best Practices (or standards) for more active oversight by judges of cases in which a. party is opposed by a represented party. The Task Force recommends that New York City and New York State provide adequate funding for civil legal services. Please do not leave credit card information on the voicemail. Burial Allowance Application M-860W In their capacity as guardians ad litem, lawyers can perform a critical role in assisting people in great need. In the event that the Judge requires the submission of the. City of New York. Ms. G is an 80-year-old woman living in a one bedroom apartment in the West Village. She has served as a guardian ad litem six times before. With the help of her court appointed guardian ad litem, Ms. S, an elderly tenant facing eviction, retained MFY Legal Services to defend against the nuisance holdover action brought against her by her landlord in Housing Court. When I had a child, this gentleman, upon learning the news, begged his social worker to let him pay me a visit. Read the 2021 Commission on Community Reinvestment and the Closure of Rikers Island Report. ), Other Documents/Reports (please specify):____________________, Met with litigant with diminished capacity (indicate dates):________________________, Litigants attorney ________________________, Litigants family members _________________________, ___________________________________________________________________, Contact welfare agency for reinstatement of benefits, Contact welfare agency for Emergency One-Shot grant, Relocation: ______________________________________________, Other: __________________________________________________, Comments: ____________________________________________________________, _____________________________________________________________, If yes, explain why ___________________________________________________________, Nonpayment settled without judgment and warrant, Other (describe) ________________________________________, By: _______________________________________________________. You or your authorized representative can also apply at any local Medicaid office within New York City. Please feel free to call or e-mail me or Paul with any questions. NEW YORK COUNTY LAWYERS ASSOCIATION It is important to listen to The New York State Office of Court Administration (OCA) sells data about eviction cases brought in the New York City Housing Court to Tenant Screening Bureaus (TSB), which use the data to prepare tenant-screening reports that they sell to prospective landlords who want to determine if an applicant was sued by a prior landlord. The assistant also found numerous conditions in the apartment requiring repair. [1] HRAs Homebase Homelessness Prevention Program (Homebase), started in 2004 under DHS, is structured as a neighborhood-based homelessness prevention network with 26 locations across the Citys five boroughs. HRA Center Locations. The Court should regularly provide guidance to the Judges about the indemnification issue during its judicial training programs so that Judges will be familiar with the issue should it arise during the course of legal proceedings. The "subject matter list" maintained by the agency is in the process of being updated. Increase the Number of Competent, Well-Trained GALs, Increase the Involvement of the Private Bar, To improve efficiency and access to justice for litigants in Housing Court, private law firms should be encouraged to serve as GALs. Their leasehold is their only property right. Also, regarding FOIL request logs for 2012 and 2013, please be advised that while such records are maintained, they are currently in a non-final form, with considerable amounts of confidential information and other non-final information and errors requiring correction. Electronic filing is available for certain courts in New York State through the Filing By Electronic Means System (FBEM). Ms. McCabe assisted her ward in obtaining a new bank passbook to enable her to pay rent so she could return from a mental health facility to her own apartment. Clients can also use the MAP-751K form below to make this change and fax it to 917-639-0837. Pro se litigants now have improved access to court papers, forms for answers and routine motions, excellent publications about legal claims and defenses, and other written materials that provide information to pro se litigants in Housing Court. We are likewise convinced this will not happen unless the bench and bar take a leadership role in educating the general public and policymakers about the critical importance of this step and the impossibility of delivering justice rather than injustice in. The Office of Burial Services will assist you. A valuable pro bono role can be performed by lawyers through service as a guardian. The Task Force reiterates the urgent need for a civil right to counsel so that poor people are represented in Housing Court proceedings that can result in the loss of their homes. Upon receipt of payment your materials will be promptly mailed along with a receipt for your remittance. Judges may require the GAL to submit the GAL Case Summary form or may query the GAL on the record. Tenants are often advised that the fastest way to obtain needed repairs in their apartments is to withhold rent, let their landlord bring a non-payment proceeding, and then ask the Court for a repair order and a rent abatement. 2022 All Rights Reserved, NYC is a trademark and service mark of the City of New York, Serving New Yorkers with Care & Compassion, OCA-960 Authorization for Release of Health Information Pursuant to HIPAA, Visit our Disability Access page for more information, Domestic Violence & Emergency Intervention: 800-621-4673, Family Independence Administration Automated Line: 718-722-8009, HIV/AIDS Services Administration: 212-971-0626, Medical Assistance Program Surplus Helpline: 929-221-0835. We are committed to enhancing the quality of life for all New Yorkers through the effective administration of a wide range of programs. My apologies for the delays. He believes that New York Rent Stabilization Code (RSL) 2526.5 and 2528 make potentially relevant and helpful DHCR information confidential and, therefore, prohibit the DHCR from making rent records accessible to the Court without a partys permission. E-mail Address. Failure to vacate the default judgement maybe reversible error. Here she describes a case she worked on a decade ago: My greatest accomplishment as a lawyer will always be my work on behalf of a mentally disabled indigent client, for whom I served as a guardian ad litem. investigated and weighed all factors in the case and is recommending a settlement that is in the best interests of the ward and which also has taken into account the wards desires if feasible. Outdoor solicitations include pledges to a walk-a-thon/bike-a-thon, or door-to-door canvassing with a kit. In addition to being poor, they often are alone in the world. It is the Task Forces understanding that more extensive docket/case information is available on the Court Terminals and could be linked to the Court website. Subsequent to the appointment of a Guardian Ad Litem, no default judgment maybe entered until 20 days after the appointment of the Guardian. In the Housing Court in Bronx and Kings Counties, facsimile machines in attorney rooms and their upkeep are paid for by the attorneys. Any case that is closed for failure to renew or failure to provide documentation during COVID-19 will be re-opened and coverage restored to ensure no gap in coverage. If you are serving an out-of-state subpoena, please ensure that service is made an accordance with NY CPLR 3119. In order to encourage private law firm involvement and to streamline the GAL certification process, the Housing Court under Justice Fishers leadership is developing an abbreviated training program and video for pro bono private attorneys who work with legal services providers and serve as GALs. Three of these potential areas for improvement were identified in the NYCLA Report on the Housing Court issued in October 2005 and in discussions of the full NYCLA Task Force and the Resources Subcommittee. Health Benefit Plan Evidence of Coverage for All Plans [PDF] Locate Network Doctors and Hospitals on BCBST; Pharmacy Vendor; Your Rights and Protections Against Surprise Medical Bills [PDF] Life Insurance. For these reasons, among others, there is good reason why a day-long training is not necessary for attorneys. Ct). 2022 All Rights Reserved, NYC is a trademark and service mark of the City of New York, Serving New Yorkers with Care & Compassion, Interagency Memoranda of Understanding (MOUs), Read the 2021 Commission on Community Reinvestment and the Closure of Rikers Island Report, Read the 2022 Mayoral Response to Recommendations from the Commission on Community Reinvestment and the Closure of Rikers Island, Read the DSS COVID-19 Return to Office Plan 2021. An arrangement with a private vendor should be explored for the Housing Court to determine whether or not it is technologically and economically feasible to have electronic filing of documents in Housing Court. In light of the recent actions of a few Guardians Ad Litem in housing cases which have adversely affected the interests of their wards the following best practices are strongly advised: The responsibility for insuring that a stipulation settling the case of a person for whom a GAL has been appointed is appropriate rests ultimately with the Judge who so orders the stipulation. The more extensive information on the Court Terminals should be made available to the public through the Housing Courts website and/or through E-Courts. For example, if a tenant is awarded a 90 percent rent abatement for repair problems, a TSB will report the disposition of that case simply as a judgment against the tenant for the remaining 10 percent of the rent. If they lose their apartment, they are unlikely to find other housing in the current housing market. The responsibility for insuring that a stipulation settling the case of a person for whom a GAL has been appointed is appropriate rests ultimately with the Judge who so orders the stipulation. For these reasons, among others, there is good reason why a day-long training is not necessary for attorneys. If the Guardians default is a result of derelict of responsibilities, the Guardian should be removed and a new Guardian appointed. If you have health insurance coverage through your employer, you should keep that insurance and reach out to HRA. If the requested information is provided, coverage will be extended for 6 months. Please note that individual client records or information are confidential and are not available under FOIL. Alex Henao The importance of this issue recently came to light in a decision issued by Judge Lewis A. Kaplan of the Southern District of New York. With no housing, they may end up in an adult home, or on the street. We have provided legal education for more than 40 years. 111 Broadway 10th Floor The Human Resources Administration (HRA) ACCESS HRA website and free mobile app allow you to get information, apply for benefit programs, and view case information online. 2007 WL 58197, N.Y.L.J., March 2, 2007, 29:1 (N Y.Sup.App.Term 1st Dept.). Although the Task Force recognizes the significant improvements the Housing Court has made in the GAL program, it is concerned about the lack of procedures to protect the due process rights of litigants with diminished capacity, and about inconsistencies in the way that cases involving a GAL are handled. Other documents may be used, even if not on the list. The list is still in the process of being updated, and we now expect an updated list to be available April 1, 2015. Contact the NYC HRA Office of Burial Services (OBS) Our office is now located at: 33-28 Northern Blvd. The landlord commenced a nonpayment action against Ms. G, alleging that she owed $2,500 in rent. You or your authorized representative can apply by mailing in an application to the address below: Initial Eligibility Unit HRA/Medical Assistance Program PO Box 24390 Brooklyn, NY 11202-9814. Since May 2013 the NYC Medicaid Office has been located at 785 Atlantic Ave., Brooklyn, NY 11238. In approving a $1.9 million class action settlement filed against First American Registry, Inc. (a company that purchases Housing Court data from OCA) under federal and state consumer protection laws, Judge Kaplan noted that he was troubled because the settlement leaves First Americans business model essentially intact. Under the terms of the settlement, a $100 payment will be made to any tenant who was the subject of a report issued by First American since the suits filing in 2004. Generally, this $600 fee does not adequately compensate a GAL for his/her service, based on the actual amount of time and level of work involved. Civil Court currently has a request pending for the hiring of one social worker under the OCA budget. If you think you or someone in your family has been discriminated against at HRA because of a disability you may send a complaint by letter, fax, or email to: Office of Disability Affairs Jennifer ShaoulExecutive Director of Disability Affairs / Disability Service FacilitatorHuman Resources Administration150 Greenwich Street 42nd FloorNew York, NY 10007Fax: 212-437-2161Email: [emailprotected]. Task Force members expressed concern about the efficiency of APS in connection with GALs. The MFY lawyer sought rental assistance from the Human Resources Administration and reinstatement of a 8 housing subsidy. , you should keep that insurance and reach out to HRA available the... 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