Members of this subset of the Resources Subcommittee began to investigate how government agencies could more effectively coordinate with the Housing Court to improve services. If you are serving an out-of-state subpoena, please ensure that service is made an accordance with NY CPLR 3119. There are also Rental Assistance Units of the Human Resources Administration on site to assist in the expediting of public assistance rent grants. The involvement of the private bar as pro bono GALs should be increased and they should be provided with adequate support, training and supervision to ensure that they perform their services appropriately. 27 at 5 (Civ. Want the latest investigative and FOIA news? 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. Himmelstein McConnell Gribben Donoghue & Joseph, Administrative Judge, Civil Court of the City of NY, Fried, Frank, Harris, Shriver & Jacobson LLP, New York City Department of Homeless Services, New York City Department of Ho using Preservation & Development, Executive Director, National Association of Criminal Defense Lawyers, New York City Human Resources Administration, Sale of Electronic Housing Court Data by OCA. 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. Site ID For HRA Partner Organizations There is a diversity of opinion among private attorneys with regard to whether private legal malpractice insurance will cover work performed as a pro bono GAL in Housing Court. To that end, it is advised that the Judge should, prior to approving a stipulation recommended by a GAL, ascertain if the GAL has at a minimum: In ascertaining the above a Judge either may require the GAL to submit the GAL Case Summary form( CIV-LT-57-2/2007 ) that GALs are now required to fill out for every case or may query the G AL on the record. The issue should also be raised in all GAL training materials. 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. Any default judgment entered in cases where a GAL has already been appointed should be entered only after the Judge is aware of the circumstances and the welfare of the incapable adult is considered. 27 at 4 (Civ. Contact the NYC HRA Office of Burial Services (OBS) Our office is now located at: 33-28 Northern Blvd. Please be advised that with regard to your 1st request, Public Officers Law 87(3)(c) requires that the agency: "maintain..a reasonably detailed current list by subject matter of all records in the possession of the agency" The "subject matter list" does not consist of an index or list of every record maintained by an agency; rather, it must consist of a categorization of the kinds of records maintained by an agency. increasing the number of competent, well-trained GALs and providing adequate support, training and supervision to ensure that they perform their services in an appropriate manner; increasing the involvement of the private bar as. 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. 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. 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. The newly established email address for service is [emailprotected]. 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. 05158 (June 29, 2006), raises serious questions as to whether individuals serving as GALs will be entitled to indemnification from the State. Their affiliations are listed for identification purposes only. ), Guardians ad litem are appointed by Housing Court judges for litigants with diminished capacity. 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. ny.us/courts/nyc/housing/index.shtml). 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. Their leasehold is their only property right. state. Third, the legal education, training, experience and resources of private law firm GALs may provide a strong foundation for addressing the needs of the litigant in need of a GAL. Efforts currently underway by the Housing Court to add social workers should continue and funding should be allocated for social work staff. 2007 WL 58197, N.Y.L.J., March 2, 2007, 29:1 (N Y.Sup.App.Term 1st Dept.). He indicated that DHCR had concerns about the scope of access to its database, who would be authorized to access the data and under what circumstances. , the court held that a private attorney appointed as a referee in a mortgage foreclosure proceeding was an independent contractor, and therefore not a State employee entitled to defense and indemnification from the State in a subsequent lawsuit brought against him arising out of his service as a referee. 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. 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. Finally, the Task Force noted that the funds received by OCA from the sale of Housing Court data do not return to OCAs budget for the benefit of the Housing Court. Some Task Force members felt that there is a strong argument to be made that under New York law, individuals serving as GALs are entitled to quasi-judicial immunity. ABOUT US | HR&A Advisors, Inc. (HR&A) is an industry-leading real estate, economic development, and public policy consulting firm that helps create more equitable, resilient, and dynamic communities. Ms. Brandner met with his psychiatrist at. Does the settlement involve any of the following? Students are taught by Per NEW YORK PUBLIC OFFICERS LAW, ARTICLE 6, Section 87(3)(b): "Each agency shall maintain:[.](b) a record setting forth the name, public office address, title and salary of every officer or employee of the agency.". Third, the legal education, training, experience and resources of private law firm GALs may provide a strong foundation for addressing the needs of the litigant in need of a GAL. 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. | Site Design by. Rochester, NY 14624, COVID 19: Resources for Kinship Caregivers in NYS, https://www1.nyc.gov/site/hra/locations/locations.page, https://www1.nyc.gov/assets/hra/downloads/pdf/about/HRA_Guide_to_Services.pdf, https://www1.nyc.gov/site/hra/help/access-hra-resources.page, https://www1.nyc.gov/site/hra/help/snap-benefits-food-program.page, https://www1.nyc.gov/site/hra/help/food-assistance.page, https://www1.nyc.gov/site/hra/help/ebt-card-services.page, https://www1.nyc.gov/site/hra/help/rental-assistance.page, https://www1.nyc.gov/site/hra/help/adult-protective-services.page, https://www1.nyc.gov/site/hra/help/burial-assistance.page, https://www1.nyc.gov/site/hra/help/career-services.page, https://www1.nyc.gov/site/hra/help/cash-assistance.page, https://www1.nyc.gov/site/hra/help/child-support-services.page, https://www1.nyc.gov/site/hra/help/disability-access.page, https://www1.nyc.gov/site/hra/help/domestic-violence-support.page, https://www1.nyc.gov/site/hra/help/energy-assistance.page, https://www1.nyc.gov/site/hra/help/fighting_food_insecurity_in_the_lgbtq_community.page, https://www1.nyc.gov/site/hra/help/health-assistance.page, https://www1.nyc.gov/site/hra/help/hiv-aids-services.page, https://www1.nyc.gov/site/hra/help/homelessness-prevention.page, https://www1.nyc.gov/site/hra/help/immigrant-resources.page, https://www1.nyc.gov/site/hra/help/legal-assistance.page, https://www1.nyc.gov/site/hra/help/lgbtqi.page, https://www1.nyc.gov/site/hra/help/long-term-care.page, https://www1.nyc.gov/site/hra/help/other-services.page, https://www1.nyc.gov/site/hra/help/repaying-claim.page, https://www1.nyc.gov/site/hra/help/repaying-lien.page, https://www1.nyc.gov/site/hra/help/supplemental-needs-trust.page, https://www1.nyc.gov/site/hra/help/supportive-housing.page, https://www1.nyc.gov/site/hra/help/fraud-prevention.page. p.m. on the training date. I gladly arranged the visit, eager to show, him a picture of my son. 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. 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. 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. 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. Gary P. Jenkins was appointed by Mayor Eric Adams as the Commissioner of the New York City Department of Social Services (DSS), which oversees both the Human Resources 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. NEW YORK COUNTY LAWYERS ASSOCIATION However, the Task Force believes that implementation of these procedures will substantially improve access to justice for litigants with diminished capacity. All Freedom of Information Law (FOIL) requests to the Human Resources Administration should be submitted via NYC OpenRecords (nyc.gov/openrecords). 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. 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. He obtained a rent breakdown from the landlord and contacted the SCRIE (Senior Citizen Rent Increase Exemption) program to review her benefit history. A copy of the current subject matter, of all records in possession of the agency;2. Senior Advisor to DSS First Deputy Commissioner -. Since May 2013 the NYC Medicaid Office has been located at 785 Atlantic Ave., Brooklyn, NY 11238. However, currently this website cannot be accessed by litigants using the Court Terminals, and there is no direct link to this website on the New York City Housing Court website (http: //www.courts. Phone Number. Marcy S. Friedman, to work towards the implementation of some of the reforms recommended at the Conference. 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. DSS is comprised of the administrative units of HRA and the Department of Homeless Services (DHS). The Latest News, Resources and Media from the New York County Lawyers Association. Ct). The appointment of a GAL Coordinator is a major advancement in the management and continued viability of the GAL program. 27 at 5 (Civ. ny.us/courts/nyc/housing/index.shtml). (The authors are Jeanette Zelhof, deputy director and managing attorney, MFY Legal Services Inc., Andrew Goldberg, supervising attorney, and Hina Shamsi, staff attorney. 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. 12, 1999, NYU, pg 26 at 1 (AT 1st Dept. The delay is due in part to the age of the computer system used for the Housing Court and the fact that Housing Court staff have to request that OCA programmers run the reports. The MFY lawyer sought rental assistance from the Human Resources Administration and reinstatement of a 8 housing subsidy. The Court should explore the possibility of exporting data on a periodic basis (daily, weekly or monthly) from OCA to the Housing Court, which would permit Housing Court staff to run reports and supply them to the Judges in a more expeditious manner. The landlord commenced a nonpayment action against Ms. G, alleging that she owed $2,500 in rent. MuckRock is a non-profit collaborative news site that gives you the tools to keep our government transparent and accountable. View HRA's Interactive Guide to Services. Issues in Case (brief description such as: owes rent, repairs, right to apartment, nuisance behavior etc. 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. My apologies for the delays. Go to New York State's my Benefits website. 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. 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. V.K., Mar, 3, 1999, NYLJ, pg. 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 ). As noted above, limited internet access is currently available to, litigants who have cases pending in the Civil Court of the City of New York, including Housing Court. Following his departure from the SRO, the man spent several weeks as a homeless person. Clients can also use the MAP-751K form below to make this change and fax it to 917-639-0837. 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. She has served as a guardian ad litem six times before. During the COVID-19 Emergency, applications may be submitted via fax to 917-639-0732. Currently, such information may be available on an individual basis when requested by a tenant from DHCR; however, many tenants are unable or unwilling to follow through with DHCR to obtain relevant or necessary information. Without knowing the consequences of his act, he had agreed to surrender the room to the building owner. You must create an ACCESS HRA account to apply for benefits and view case information that is securely connected to your HRA case. 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. 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 pro bono pursuant to its Statement of Pro Bono 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. However, Mr. Rosenblatt suggested that Acting General Counsel David Cabrera might consider entering into an MOU with the Office of Court Administration (OCA) if OCA requested access to DHCRs rent registration information in a letter that clearly defined the nature of the access that OCA was seeking. (See Appendix C.). 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. Inefficiencies appear to exist as a result of the lack of training provided to APS supervisors and caseworkers and in the performance of the psychological assessment of litigants with diminished capacity. Please note that individual client records or information are confidential and are not available under FOIL. Kathleen McCabe is a lawyer with the securities group at Paul, Weiss, Rifkind, Wharton, & Garrison. 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. By calling HRAs Staff Emergency phone number at (718) 246-7659 you will be given general Agency information. The landlord also paid him damages, a portion of which he used to purchase a new bed. Conference participants considered how the Housing Court is facing the challenges of the new century in light of ever-changing social and economic conditions, and whether it is well prepared to meet the challenges of the coming decades. 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. She lives on the Social Security payments she receives each month. 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. Court procedures should be standardized to ensure the preservation of due process rights of litigants with diminished capacity. Assistance from the New York County Lawyers Association must create an ACCESS account. 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Burial Services ( OBS ) Our Office is now located at: 33-28 Blvd...
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