This work should be credited as, work. 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. Other documents may be used, even if not on the list. 05158 (June 29, 2006), raises serious questions as to whether individuals serving as GALs will be entitled to indemnification from the State. . 12, 1999, NYU, pg 26 at 1 (AT 1st Dept. Following his departure from the SRO, the man spent several weeks as a homeless person. 37 A.D.2d 480, 326 N.Y.S.2d 458 (4th Dept 1971); Sept. 7, 1993, NYLJ, pg. 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, private attorneys who work with legal services providers and serve as GALs. Oneida v. Unczur, 37 A.D.2d 480, 326 N.Y.S.2d 458 (4th Dept 1971); State of New York v. Getelman, Sept. 7, 1993, NYLJ, pg. Burial Allowance Application M-860W An APS evaluator should be in Housing Court one day each week in each of the four boroughs (New York, Kings, Queens and the Bronx). 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. Ms. Brown and the MFY lawyer divided tasks, with Ms. Brown working with the treating psychiatrist; with social workers to provide post-hospitalization community support services; and with the womans family. Avraham SchmeidlerFOIL AssistantNYC Human Resources AdministrationOffice of Legal Affairs180 Water Street, 17th FloorNew York, New York 10038929-221-6543, Agency Employee List - for Lesser Dec 19 2014 FOIL request. 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. Some elderly New Yorkers find it difficult to manage their own affairs. To this end, Lisa Cleary contacted William Dean, who writes a regular column in the, Digest. Mr. Deans article appeared in the July 3, 2006 edition of the, Standardize Procedures in Cases Where GALs Are Appointed for Respondents with Diminished Capacity, Indemnification/Immunity for Pro Bono GALs, There is a diversity of opinion among private attorneys with regard to whether private legal malpractice insurance will cover work performed as a. GAL in Housing Court. 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.). 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. Elise Brown is a litigator at Patterson, Belknap, Webb & Tyler. 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. The newly established email address for service is [emailprotected]. Staff. The Freedom of Information Law is New York State's principal statute on providing for public access to the records of government. In OBrien, 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. The opinion affirms that GALs who do not accept a fee for their service are volunteers participating in a state-sponsored volunteer program. There are many frail and fragile people who live in New York City. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage. The DOB website, commonly referred to as BIS or Building Information System, provides access to all certificates of occupancy for a building, violations, filings for alterations, plumbing, electrical work and permit history. 150 Greenwich Street, Office of Leg Affairs, 38th Floor, New York, NY 10007. 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. I write in further response to your FOIL requests dated December 19, 2014 which were received by this office on December 29, 2014, seeking a copy of the current subject matter of all records in possession of the agency, a log of FOIL requests, and a listing of every officer and/or employee of the agency. Examples include but are not limited to a valid Power of Attorney, Letters of Administration, Guardianship Commission papers, etc. If submitting a bill, please provide the name of the provider, the date of the service, and the amount of the bill. 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. This elderly gentleman would have become another homeless statistic, but for the intervention of MFY Legal Services and caring social workers. 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. 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. Through integrated management for HRA and DHS, client services can be provided more seamlessly and effectively. For those members of the Task Force who are also members of the judiciary or employed by government agencies or other organizations, their participation in this project should not be understood as constituting any official endorsement of the conclusions or recommendations in the report. Representation by counsel is especially critical in preserving the due process rights of litigants with diminished capacity. The sale of Housing Court data should be ended. The cost of this measure should be minimal because little or no hardware would need to be purchased and it should only involve creating links to the Courts database. 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. 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. fergusfallsjournal.com 125 N Union Ave Suite 301 Fergus Falls, MN 56537 Phone: 218-736-7511 Email: newsroom@fergusfallsjournal.com Upon request by the local bar, provided that attorneys agree to share the cost of purchase and maintenance, facsimile machines should be provided, where feasible, in the counties that do not yet have them (New York, Queens and Staten Island). Ct. N.Y. Co.); Hotel Preservation v. Byrne, Mar. 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. Please be advised that pursuant to CPLR 1201 and 1203, if it appears that a respondent is incapable of adequately defending against a proceeding, the court should appoint a guardian ad litem and any default judgment entered prior to the appointment in most instances should be vacated. Taken all steps to follow through with the plan to assist the ward, Informed the court if the ward agrees or disagrees with the proposed settlement. The Task Force found that in HRAs current liaison program in the Housing Court, HRAs Rental Assistance Unit has Case Consultant staff located in Housing Court in the five boroughs and in the two Community Justice Centers. 27 at 5 (Civ. Call the HRA Medicaid Helpline at 888-692-6116 for more information. 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. 12, 1999, NYU, pg 26 at 1 (AT 1st Dept. By calling HRAs Staff Emergency phone number at (718) 246-7659 you will be given general Agency information. Kathleen McCabe is a lawyer with the securities group at Paul, Weiss, Rifkind, Wharton, & Garrison. However, no Court has addressed the issue directly in the context of GALs. 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. In the Housing Court proceedings where cases move quickly and the laws involved are a byzantine web of overlapping provisions, the rights of litigants with diminished capacity are easily trampled, write the authors of Protecting the Rights of Litigants with Diminished Capacity in the New York City Housing Courts, published in the Cardozo Public Law, Policy, and Ethics Journal. Want the latest investigative and FOIA news? REPORT ON RESOURCES IN THE HOUSING COURT. He was taken from the streets to St. Lukes Hospital. TSB reports are often inaccurate, incomplete and/or misleading. Need help filling out HRA forms and dont have someone who can help? After the Conference, NYCLA issued a Report (available on the NYCLA website at http://www.nycla.org/siteFiles/Publications/Publicationsl95__0.pdf), 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 pro se party is opposed by a represented party. The Medicaid Buy-In program offers coverage to people with disabilities who are working and earning more than what is allowed in traditional Medicaid. To the extent legislation is required to implement this recommendation, such legislation should be pursued. Surplus cases will be extended 6 months. The MBI-WPD program does not offer family coverage. 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. This August, the following resolution will be presented to the American Bar Associations House of Delegates for adoption: RESOLVED, That the American Bar Association urges federal, state, and territorial governments to provide legal counsel as a matter of right at public expense to low-income persons in those categories of adversarial proceedings where basic human needs are at stake, such as those involving shelter, sustenance, safety, health or child custody (Emphasis added. 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. Single people and married couples are both covered under this program if both individuals are working and have a disability. City of New York. 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. I look forward to receiving your response to this request within 5 business days, as the statute requires. Some of the Task Force recommendations developed by the Computers and Technology Subgroup will require a modification of Court procedures and/or policies and expenditure of money and/or time by the Housing Court staff. Thank you in advance for your anticipated cooperation in this matter. The citys Department of Aging reports that there are about 930,000 persons over the age of 65 living in the city. 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. FHEPS: Due to a change in state law which was recently signed by the Governor, starting February 16, 2022, HRA will increase the Family Homelessness and Eviction Prevention Supplement Ms. Brandner met with his psychiatrist at. Marcy S. Friedman, to work towards the implementation of some of the reforms recommended at the Conference. Ms. Zelhof of MFY Legal Services emphasizes the extreme vulnerability of persons with diminished capacity. citizens, whether rich, poor, or something in between. The two roles are distinct, as are the obligations.. 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. 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. Learn more. This Report was prepared by the Task Force Subcommittee on Resources in Housing Court. If clients are unable to submit this documentation due to the COVID-19 Emergency, the application should still be submitted. 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. 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. See below for information regarding coverage for Surplus cases. 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. 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 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. The Office of Burial Services will assist you. With no housing, they may end up in an adult home, or on the street. If they lose their apartment, they are unlikely to find other housing in the current housing market. It cannot be a matter of charity or of favor or of grace or of discretion.. 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. 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. 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. 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. 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. We have provided legal education for more than 40 years. The landlord commenced a nonpayment action against Ms. G, alleging that she owed $2,500 in rent. Need help filling out HRA forms and dont have someone who can help? ). 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. A valuable pro bono role can be performed by lawyers through. Attest to health issues related to Covid-19 such as quarantine or hospitalization. There are many frail and fragile people who live in New York City. Call the HRA Medicaid Helpline at 888-692-6116 for more information. During this period, we have established an email address where DSS is now accepting service. NYCLA subsequently created the NYCLA Task Force on the Housing Court (hereinafter Task Force), co-chaired by Professor Paula Galowitz and Hon. Questions about specific requests should also be made through NYC OpenRecords by using the Contact the Agency link available on every request page. , 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. state. The Court should explore the possibility of purchasing a new computer system as the current computer system is outdated and results in inefficiencies. The landlord also paid him damages, a portion of which he used to purchase a new bed. OCA should once again explore the possibility of entering into an MOU with DHCR so that Housing Court and the Housing Court Judges can have online access to DHCRs rent registration information. 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. Housing Court Judges should ensure that GALS follow the procedures set forth below: These procedures and best practices are in accordance with the CPLR and New York case law and are designed to protect the due process rights of all litigants with diminished capacity in Housing Court. It is the Task Forces understanding that the New York City Housing Court provides computer terminals in the courthouses that attorneys and litigants can access to check on the status of active cases (Court Terminals). For help applying, please see this list of facilitated enrollers. The Subcommittee recognizes that the New York City Housing Court has made significant improvements in the past decade under the leadership of Justice Fern Fisher, Administrative Judge for the Civil Court of the City of New York, in developing extensive resources for pro se litigants. 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. For her work as a guardian ad litem, Ms. Blakeman received, not a legal fee, but a mothers day card from her ward. Taken all steps to get the ward to come to court or to locate the ward if the ward is missing. The assistant issued a written report rejecting the landlords clutter allegationthe basis for the nuisance claim. Finally, the Task Force noted that another way to increase private bar involvement in the GAL program would be to publicize the value of GAL services to the New York legal community. View HRA's Interactive Guide to Services. Clients do not need to provide proof of their Medicare application; this requirement is waived for the period of the COVID-19 emergency. 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 Gail Hankin Director. Marcy S. Friedman, to work towards the implementation of some of the reforms recommended at the Conference. 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). This recommendation is made based on the following circumstances. 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. 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. Your authorized representative can fax an application to 917-639-0731. 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. 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. Keiley Gaston Senior Analyst. Tell an HRA Worker or call us at 718-557-1399. myBenefits Live outside of NYC? The information available on the Housing Court website only relates to cases with future Court dates. Medicaid may cover the cost of the premium for that insurance coverage. Consumer/Provider Request to CHange Informaiton on File (MAP-751k). 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. 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. Visit our Disability Access page for more information. 27 at 4 (Civ. 2007 WL 58197, N.Y.L.J., March 2, 2007, 29:1 (N Y.Sup.App.Term 1st Dept.). However, no Court has addressed the issue directly in the context of GALs. 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. William J. New York County Lawyers Association GALs should be entitled to immunity or indemnification with respect to their service. 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. About HRA. 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. 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. In light of the potential volume of filings, any exploration of electronic filing using a private vendor should include a discussion concerning providing access free of charge to individuals without the economic means to pay for the service. 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. However, a recent New York Court of Appeals decision, , 2006 Slip Op. | Site Design by. City of New York. state. Our work turns vision into action through rigorous analysis, strategy development, and implementation planning. I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 31, 2014. In light of the COVID-19 pandemic, the service window for the City of New York Department of Social Services (DSS)* located at 150 Greenwich Street, New York, New York 10007 is closed. 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. (See Appendix B.) The landlord was willing to provide another apartment. During the COVID-19 Emergency, applications may be submitted via fax to 917-639-0732. (See Appendix C.). 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. Jazmin Harper Senior Analyst. First, at the present time, the Court-approved GAL training is offered only once every six months and requires attendance in downtown Manhattan from 9 a.m. to. ), 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. Ct. N.Y. Co.); Hotel Preservation v. Byrne, Mar. 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. 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. (See New York City Civil Court Act 110.). Attorney GAL stipulations should not be treated as two attorney stipulations. Consumer/Provider Request to CHange Informaiton on File (MAP-751W). Please let me know when I can expect to receive a response, or if further clarification is needed. Ms. Brown described both herself and the MFY lawyer as being tenacious on behalf of the tenant, and described her wards mother as wonderful, and her brother as a complete solid citizen. Ms. Brown and the womans family were present to welcome her to her new apartment. 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 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. The landlord also paid him damages, a portion of which he used to purchase a new bed. A copy of the current subject matter, of all records in possession of the agency;2. 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 pro se parties. This Report was approved by the Board of Directors of the New York County Lawyers Association at its regular meeting on February 5, 2007. Such access could be made available either by providing internet access using the Court Terminals, additional internet jacks for laptop computers or wireless internet access. 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. We are committed to enhancing the quality of life for all New Yorkers through the effective administration of a wide range of programs. There should be a regular APS presence in Housing Court. s should use this form as a way of maintaining a record of their contact with the party to the Housing Court action for which they were appointed, advocacy efforts, and steps taken to follow through with the plan set forth in the stipulation of settlement. 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Preserving the due process rights of litigants with diminished capacity Court should explore the possibility of purchasing New... Of information Law is New York Law Journal in preserving the due process of... Sro, the application should still be submitted both covered under this program if both are., 1999, NYU, pg 26 nyc hra staff directory 1 ( at 1st Dept. ) Housing! Allegationthe basis for the period of the reforms recommended at the Conference Weiss. Court of Appeals decision,, 2006 edition of the reforms recommended at the Conference Medicaid! Clutter allegationthe basis for the period of the COVID-19 Emergency, the application still.

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