Given this legal landscape, the Task Force believes that the AGs opinion letter will not provide the protection to adequately assuage the concerns of private lawyers interested in serving as GALs. She served as a guardian ad litem on behalf of a woman seeking post-eviction relief who had been hospitalized at the time of the court proceedings. Do not submit original documents. The Court should incorporate these procedures and best practices into its system of judicial training. This Report was approved by the Board of Directors of the New York County Lawyers Association at its regular meeting on February 5, 2007. As the largest local social services agency in the country, HRA helps more than three million New Yorkers annually through the administration of more than 12 major public assistance Use the MAP-3177 form below if you need a disability determination to participate in the Medicaid Buy-in Program for Working People with Disabilities (MBI-WPD) or if you are an individual aged 65 or older who is participating in a pooled trust. If you have a disability, HRA can help by providing supports or accommodations to make it easier for you to get the services you need. This work should be credited as pro bono work. The landlord commenced a nonpayment action against Ms. G, alleging that she owed $2,500 in rent. 25 at, 6 (Sup. During the COVID-19 Emergency, applications may be submitted via fax to 917-639-0732. I look forward to receiving your response to this request within 5 business days, as the statute requires. Such requests must be accompanied by an authorization or other appropriate documentation. With the advent of OCAs sale of this data, that advice might then result in a tenant becoming blacklisted. The sale of electronic Housing Court data to TSBs, without any restrictions or regulation by OCA, impedes tenants assertion of the warranty of habitability, and has a negative impact on preservation of the housing stock, a purpose for which Housing Court was established. Renewals During the COVID-19 emergency, Medicaid cases with authorization ending in March 2020 through December 2020 and January 2021 through December 2022 will be automatically extended. 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. This certification could be filed with the Court at the commencement of the service; the Court would then be assured that the private attorney serving as a GAL has been provided with adequate and appropriate GAL training before undertaking the pro bono representation. Clients can also use the MAP-751K form below to make this change and fax it to 917-639-0837. Their affiliations are listed for identification purposes only. Although the duties of a GAL in a summary proceeding are different from those in a negligence, Article 81 or other proceeding involving substantial sums of money and a GAL is not the guardian of the litigants property nor does the GAL have control over the litigants finances, there is a concern about potential liability in connection with GAL service and the potential chilling effect this could have on expanding the role of private attorneys in the GAL process. In addition to being poor, they often are alone in the world. Jacqueline M. Brandner, a litigator at Patterson, Belknap, served as a guardian ad litem to a 47-year-old man who, for 23 years, had lived in a very small room in an SRO. The Agency's Records Access Officer is responsible for ensuring the appropriate agency response to public requests for access to records.Persons seeking access to records maintained by the Human Resources Administration pursuant to the FOIL are advised to contact:Records Access OfficerOffice of Legal AffairsHuman Resources Administration180 Water Street, 17th FloorNew York, NY 10038In addition, I am attaching a copy of HRA's procedure for governing public access to records and documents as well as two HRA program guidelines concerning FOIL compliance. 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. The opinion affirms that GALs who do not accept a fee for their service are volunteers participating in a state-sponsored volunteer program. Arjun Gupta Sarma Principal. Although GALs do not represent litigants as attorneys, attorneys serving as GALs use their legal training, acumen and advocacy skills in ways that fall within the New York City Bars definition of, Principles, The Civil Courts list of persons who are certified to serve as GALs contains only a limited number of candidates, most of whom accept the $600 fee. The Task Force believes that giving attorneys internet access to relevant websites, such as the HPD website, would aid them in the prosecution and defense of cases and, as a result, improve efficiency. It is important to note that these recommended procedures and best practices do not address the role of Adult Protective Services (APS). New York, NY 10038 In addition, I am attaching a copy of HRA's procedure for governing public access to records and documents as well as two HRA program guidelines Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. The Task Force encourages the Housing Court to continue these efforts by producing a shortened version of the Court-required GAL training, in print and on video/DVD. GALs should be entitled to immunity or indemnification with respect to their service. This recommendation is made based on the following circumstances. Mailing Address. Established by Local Lawin 2019, the Commission on Community Reinvestment and the Closure of Rikers Island is committed to the process of equitable reinvestment of savings from the closure of Rikers for justice-involved and justice-impacted communities. HRA's Medical Assistance Program can help New Yorkers who qualify enroll in public health insurance programs like Medicaid. 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. A valuable pro bono role can be performed by lawyers through. Contact HRA - HRA Contact Phone Numbers General: Infoline 718-557-1399 Adult Protective Services: 212-630-1853 Child Support Helpline: 888-208-4485 Disability Affairs: 718-291-4141 Efforts currently underway by the Housing Court to add social workers should continue and funding should be allocated for social work staff. Spouses without a disability and children may be covered through other programs such as Medicaid through New York State of Health or Child Health Plus. Instructions to Complete the Disabled, Aged, and Blind (DAB) Renewel Notification Form (MAP-2096P), Guide to Complete Your Medicaid Renewel Forms, These forms may be needed for legally responsible relatives or to declare or change an authorized representative, Applicant/Recipient Declaration Concerning LLR Income-Resources (MAP-2161), Medicaid Authorized Representative Designation/Change Request (DOH-5247). Developed a plan to assist the ward in obtaining repairs, monies or other assistance needed to comply with the proposed stipulation. While not condoning the sale of either Housing Court or Criminal Court data, and while recommending that the sale of Housing Court data stop, the Task Force also feels the need to raise awareness of the impropriety of selling Housing Court data as a means of funding OCAs general budget without providing any financial benefit to Housing Court, which is in need of additional resources. GALs and providing adequate support, training and supervision to ensure that they perform their services appropriately; standardizing Court procedures to ensure the preservation of due process rights of litigants with diminished capacity; and. In fact, the Task Force believes that streamlining the GAL-approval process for private bar attorneys is in the best interests of all stakeholders in the Housing Court process. When submitting these types of requests, please make sure you supply enough information to assist us with searching for the requested records (name, date of birth, etc.). For more information, call the Medicaid Helpline at 1-888-692-6116 or visit the NYS website. New York County Lawyers Association A FOIL request log for 2014, with statuses updated as of February 18, 2015, and a listing of all HRA staff as of January 9, 2015 are attached. ); Jan. 15, 2003 NYLJ, pg. If necessary, the Housing Court should impose a nominal fee for access time in order to support internet access. Ms. Brandner met with his psychiatrist at St. Lukes and met with his parents. Medicaid clients who have case changes that require additional documentation should use the MAP-751W form below. 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.. It is the Task Forces understanding that electronic filing has been made available in Small Claims Court by use of a private vendor that charges a fee for creating electronic files that are reviewed and uploaded by Court staff. In response to the Civil Court of the City of New Yorks request for an opinion on the issue, April 6, 2006, the New York State Attorney General (AG) issued an opinion stating that volunteer GALs, certified by the Court through its GAL Program, are eligible for defense and indemnification by the State under Section 17(1 )(a) of the Public Officers Law. All hours are Monday to Friday except where otherwise noted. Ct. NY Co.); New York Life v. Registration information filed with the DHCR pursuant to this Part shall not be subject to the Freedom of Information Law, provided that such information relative to a tenant, owner, lessor or subtenant shall be made available to such party or his/her authorized representative. Not only has equality before the law remained merely a matter of charity in the United States, but that, charity has proved woefully inadequate. Her ward was a Vietnam veteran, now in his sixties. When the landlord pushed for the case to go to trial, the guardian ad litem contacted MFY to provide legal representation for Ms. G. The guardian also contacted charitable organizations to seek rental assistance for his ward. During the week of May 18-23, 2020, Medicaid/ Managed Long Term Care/ Nursing Homes/ Medicare Savings Program Renewal (Recertification) Notices of Intent to close Medicaid cases were sent in error to clients whose renewals were due in May 2020. All Freedom of Information Law (FOIL) requests to the Human Resources Administration should be submitted via NYC OpenRecords (nyc.gov/openrecords). He was taken from the streets to St. Lukes Hospital. Docket/case information and case filings are available to attorneys and litigants in the federal court system and should similarly be made available in Housing Court. The Department of Social Services (DSS) is comprised of the administrative units of the NYC Human Resources Administration (HRA) and the Department of Homeless Services (DHS). Following his departure from the SRO, the man spent several weeks as a homeless person. New York, New York 10006. the human resources administration (hra) is responsible for, among other things, providing temporary assistance and work support to new yorkers in need through a variety of programs such as temporary cash assistance, medicare, food stamps, career services, home health care, child care, adult protective services, assistance to victims of domestic Justice Fisher advised that the Court sought to negotiate a Memorandum of Understanding (MOU) with DHCR in 1997/1998 for the Court to obtain online access to relevant DHCR records; however, DHCR failed to finalize the MOU. Ct Albany Co.); 83 A.D.2d 748, 443 N.Y.S.2d 506 (4th Dept 1981); 51 A.D.2d 115, 379 N.Y.&2d 881 (4th Dept 1976); Nov. 30, 1992, NYLJ, pg. Following his departure from the SRO, the man spent several weeks as a homeless person. Clients do not need to provide proof of their Medicare application; this requirement is waived for the period of the COVID-19 emergency. 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. In this way, the training program could be distributed to private law firms with a formal certification to be signed by each lawyer wishing to serve as a GAL, attesting that the material has been reviewed by the lawyer in advance of taking on a case. Information About Parents or Spouses Not Living in the Household (MAP-2097V): If you are unable to submit payment because of health issues related to COVID-19, such as quarantine or hospitalization, you can attest that you either have the money or the bills to satisfy your surplus and are unable to submit them due to COVID-19 by calling the Surplus Hotline at 929-221-0835. The HRA staff notification line is available to keep you updated during citywide emergency situations. She says of this experience, It gave me an opportunity to interact with a client and to immediately see the beneficial results of my efforts. It is the Task Forces understanding that a request has been made to OCA for the Civil Court to obtain universal case management and that it is likely that electronic filing will be part of the package that makes up that system. HRA is working closely with our partners at DOHMH to ensure a smooth transition of social service contracts for their on-going monitoring. 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. Ms. Brandner met with his psychiatrist at. A certified social worker should be assigned to each of the five boroughs to streamline the assessment process and ensure that each litigant who requires an assessment receives it in Court on the day of the litigants appearance. available GALs and, in turn, will increase access to justice in Housing Court. 27 at 5 (Civ. Medicaid may cover the cost of the premium for that insurance coverage. These solicitations can take place indoors or outdoors. ny.us/courts/nyc/housing/index.shtml). ad litem. HRA should participate in Guardian Ad Litem training programs. To improve efficiency and access to justice for litigants in Housing Court, private law firms should be encouraged to serve as GALs. If you have any questions, please feel free to call me at (929) 221-6556. . As the largest local social services agency in the country, HRA helps more than three million New Yorkers annually through the administration of more than 12 major public assistance programs, with more than 14,000 employees and an operating budget of $9.6 billion. View HRA's Interactive Guide to Services. Janet L. Blakeman, a counsel in the personal planning group at Patterson, Belknap, served as a guardian ad litem to a young woman with cerebral palsy living in a rent-controlled apartment. Available to Pro Users. (The authors are Jeanette Zelhof, deputy director and managing attorney, MFY Legal Services Inc., Andrew Goldberg, supervising attorney, and Hina Shamsi, staff attorney. Judge Fisher recently issued an Advisory Notice to all Housing Court Judges stressing the importance of handling GAL cases in a manner that protects the rights of litigants with diminished capacity. MuckRock users can file, duplicate, track, and share public records requests HRA is dedicated to alleviating poverty and income inequality through the implementation of initiatives such as the Supplemental Nutrition Assistance Program (SNAP), Child Support Services, Adult Protective Services, Emergency Rental Assistance, Career Services, Cash Assistance, and much more. It is noted that the APS referral form, psychiatric reports etc., should also not be retained in the court file unsealed when the case is resolved, as these documents also may contain health information that should not be made available to the general public. Marcy S. Friedman, to work towards the implementation of some of the reforms recommended at the Conference. The City leverages shared services functions across agencies, which results in better daytoday management and building an integrated mission across agencies. I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 31, 2014. ), The ABAs Task Force on Access to Civil Justice, chaired by Howard H. Dana Jr., a Justice of the Maine Supreme Judicial Court, in its report invokes these words of U.S. Supreme Court Justice Wiley Rutledge: Equality before the law in a true democracy is a matter of right. The local law empowers the Commission to operate until 2027, engage stakeholders for public input, and issue periodic reinvestment recommendations and findings to which the Mayor is required to respond. This elderly gentleman would have become another homeless statistic, but for the intervention of MFY Legal Services and caring social workers. Please let me know when I can expect to receive a response, or if further clarification is needed. Go to New York State's my Benefits The Subcommittee agreed on four ways to improve the use of GAL resources in Housing Court. Board of Directors on December 4, 2006, December 4, 2006, and February 5, 2007, respectively. The issue should also be raised in all GAL training materials. This Task Force Report includes recommendations to NYCLA in three targeted areas: improving coordination between various governmental agencies and the Housing Court; expanding use of computer and technology resources in the Housing Court; and establishing guidelines for the Guardian Ad Litem (GAL) program, which serves litigants with diminished capacity. citizens, whether rich, poor, or something in between. With regard to your remaining two requests, please be advised that we are currently in the process of determining the availability and/or releasability of the documents you requested. 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. The Medicaid cases will not close for any of these consumers and coverage will be extended, whether or not the client returned the renewal, as per New York State COVID-19 emergency easements. Click here to learn how to apply. p.m. on the training date. *DSS is comprised of the NYC Human Resources Administration and the NYC Department of Homeless Services. Outdoor solicitations include pledges to a walk-a-thon/bike-a-thon, or door-to-door canvassing with a kit. 27 at 4 (Civ. Read the 2022 Mayoral Response to Recommendations from the Commission on Community Reinvestment and the Closure of Rikers Island. You must create an ACCESS HRA account to apply for benefits and view case information that is securely connected to your HRA case. Electronic filing of documents is not available in Housing Court. Have a disability as defined by the Social Security Administration (SSA) or by New York State; Be working (including being self-employed); Have resources not exceeding $20,000 for an individual and $30,000 for a couple. Ms. Zelhof of MFY Legal Services emphasizes the extreme vulnerability of persons with diminished capacity. By calling HRAs Staff Emergency phone number at (718) 246-7659 you will be given general Agency information. Do you need help with your application, recertification or other program requirements? Lukes and met with his parents. Name: NYC Human Resources Administration Provider Address: 180 Water Street, New York, New York, NY, 10038 [Business]: , 180 Water Street, , , , New York, NY, 10038 Provider Telephone: 311 Website: http://www.nyc.gov/html/hra/html/services/energy.shtml Service/Program Provided Home Energy Assistance Program Additional Information 2007 WL 58197, N.Y.L.J., March 2, 2007, 29:1 (N Y.Sup.App.Term 1st Dept.). Here are examples of actual cases undertaken by lawyers on a pro bono basis through service as a guardian ad litem. This Task Force Report includes recommendations to NYCLA in three targeted areas: improving coordination between various governmental agencies and the Housing Court; expanding use of computer and technology resources in the Housing Court; and establishing guidelines for the Guardian Ad Litem (GAL) program, which serves litigants with diminished capacity. Select "Human Resources Administration (HRA)" from the agency dropdown menu. 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