Court procedures should be standardized to ensure the preservation of due process rights of litigants with diminished capacity. Please note that individual client records or information are confidential and are not available under FOIL. Your authorized representative can fax an application to 917-639-0731. The citys Department of Aging reports that there are about 930,000 persons over the age of 65 living in the city. 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. Indoor solicitations include contributions taken in a public space, or the operation of a thrift shop, rummage sale, book sale, bazaar and sale of tickets for fundraising purposes. 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. In making its decision as to whether to enter into an MOU, DHCR would take into consideration the purpose of the access (in this case, to provide information to the judiciary that would aid in properly resolving litigation), other public policy concerns and the confidentiality provisions recited above. Medicaid clients who have lost their EBT cards and have a change of address, should contact the Medicaid helpline to update their contact information at 888-692-6116 to update their address. 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. The newly established email address for service is [emailprotected]. Gail Hankin Director. 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). If they lose their apartment, they are unlikely to find other housing in the current housing market. Their leasehold is their only property right. 2022 All Rights Reserved, NYC is a trademark and service mark of the City of New York, Serving New Yorkers with Care & Compassion. (See Appendix A.). My apologies for the delays. 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 assistant issued a written report rejecting the landlords clutter allegationthe basis for the nuisance claim. 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. Need help filling out HRA forms and dont have someone who can help? If submitting a bill, please provide the name of the provider, the date of the service, and the amount of the bill. 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). HRA accepts applications from residents who are age 65 or over, persons of any age who are living with a disability or blindness, persons who are in receipt of Medicare and are not a parent or caretaker relative of minor children, and former foster young adults under age 26. 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. p.m. on the training date. HRA should participate in Guardian Ad Litem training programs. 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 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. In the event that the Judge requires the submission of the. 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. programs/services, Receipt and decontrol of HRA rent arrears checks and subpoena responses delivered to the Court, It is also the Task Forces understanding that the OCA Division of Technology has made Housing Court calendar information available on the New York State Unified Court System E-Courts web page (, https://iapps.courts.state.ny.us/caseTrac/jsp/ecourt.htm. With regard to your 2nd inquiry, please be advised that HRA complies with the with the rules, regulations and guidelines dictated by the New York State Freedom of Information Law (NY State Public Officers Law Sections 87-89). Name of Judge and date Judge approved stipulation: __________________________, Copyright 2023 New York County Lawyers Association. 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. According to the citys Department of Health and Mental Hygiene, about 380,000 New Yorkers suffer from some form of mental illness. Mailing Address. 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. HRA may be able to help cover burial expenses after the loss of a relative or friend. like this one. New York, New York 10006. Discover the Difference that Hampton Roads Academy can make in your child's life. Ms. Zelhof and colleagues wrote: Guardians ad litem and counsel for defendants perform different roles. 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. Request an application for Medicaid Housekeeping Services or ask home care questions by calling the CASA Office in your borough. Call the HRA Medicaid Helpline at 888-692-6116 for more information. 150 Greenwich Street, Office of Leg Affairs, 38th Floor, New York, NY 10007. 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. 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. The Office of Burial Services will assist you. 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, 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, litigants in Housing Court. 1 Docket/Case Information and Information Available through the City of New York Department of Housing Preservation and Development. 2015 All Rights Reserved, NYC is a trademark and service mark of the City of New York, Human Resources Administration / Department of Social Services, DSS Office of the First Deputy Commissioner, HRA Office of Employment & Support Services Administration, DSS Offices of Diversity, Equity & Inclusion and Equal Employment Opportunity, HRA Office of Homelessness Prevention Administration (HPA), DSS Office of Program Performance & Financial Management, DSS Office of Information Technology Services. Want the latest investigative and FOIA news? ), 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: _______________________________________________________. 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. 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. Ms. Zelhof of MFY Legal Services emphasizes the extreme vulnerability of persons with diminished capacity. Call the HRA Medicaid Helpline at 1-888-692-6116 for more information or visit a Medicaid Office to apply. The landlord also paid him damages, a portion of which he used to purchase a new bed. 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. 27 at 5 (Civ. 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. 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. 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.". Thank you in advance for your anticipated cooperation in this matter. Developed a plan to assist the ward in obtaining repairs, monies or other assistance needed to comply with the proposed stipulation. 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. Surplus cases will be extended 6 months. The opinion affirms that GALs who do not accept a fee for their service are volunteers participating in a state-sponsored volunteer program. 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. Ms. Brandner met with his psychiatrist at. Unknown. 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. Single Site/Congregate Supportive Housing: For her work as a guardian ad litem, Ms. Blakeman received, not a legal fee, but a mothers day card from her ward. Ct. N.Y. Co.); Hotel Preservation v. Byrne, Mar. During this period, we have established an email address where DSS is now accepting service. Without these efforts expended by Ms. Brown as guardian ad litem and Allegra Chapman of MFY Legal Services, the woman could have ended up being institutionalized. Dean is executive director of Volunteers of Legal Service. V.K., Mar, 3, 1999, NYLJ, pg. Dedicated Faculty and Staff. The landlord commenced a nonpayment action against Ms. G, alleging that she owed $2,500 in rent. The guardian ad litem and MFY lawyer also visited the clients apartment so that they could monitor the landlords compliance with the judges order and provide status updates to the Court. NYCLA subsequently created the NYCLA Task Force on the Housing Court (hereinafter Task Force), co-chaired by Professor Paula Galowitz and Hon. 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. HRA's Medical Assistance Program can help New Yorkers who qualify enroll in public health insurance programs like Medicaid. The signature on the form must be notarized for identity verification purposes. 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. You or your authorized representative can also apply at any local Medicaid office within New York City. HRA permits nonprofit organizations, associations and corporations to solicit donations for charitable purposes in New York City. However, no Court has addressed the issue directly in the context of GALs. To improve efficiency and access to justice for litigants in Housing Court, private law firms should be encouraged to serve as GALs. In the event that the Judge requires the submission of the GAL Case Summary, the Judge may order such on the Order Appointing a GAL form (CIV-GP-l12-02/07). 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. | Site Design by. for my son. Their affiliations are listed for identification purposes only. Attest to health issues related to Covid-19 such as quarantine or hospitalization. Attorney GAL stipulations should not be treated as two attorney stipulations. 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. Clients will be given an opportunity to submit the documents later. This Report was approved by the Board of Directors of the New York County Lawyers Association at its regular meeting on February 5, 2007. 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. 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 addition, Housing Court now has Resource Centers with Court staff who are available to provide. 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. Jonathan Haragold Principal. who are also admitted attorneys are reviewed by the Judge in the same manner as stipulations recommended by non-attorney GALs. We have provided legal education for more than 40 years. 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. The sale of Housing Court data should be ended. Each and every stipulation recommended by a GAL should be reviewed by the Judge, A Judge should insure that stipulations recommended by GALs. (718) 557-1399 (phone) Website. 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. 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. If you have any questions, please feel free to call me at (929) 221-6556. 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. The judge before whom the matter was tried dismissed the landlords petition. 21 at 5 (Richmond Co. Dist. A copy of the rules, regulations and policies for access to agency records under the Freedom of Information Law;3. Yes No. 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. Ct). By calling HRAs Staff Emergency phone number at (718) 246-7659 you will be given general Agency information. Task Force members expressed concern about the efficiency of APS in connection with GALs. Visit our Disability Access page for more information. 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. Taken all steps to get the ward to come to court or to locate the ward if the ward is missing. Justice Fisher advised the Task Force of the need to double the current pool of certified GALs from 100 to 200 individuals. She was able to resolve a dispute with the landlord. MuckRock users can file, duplicate, track, and share public records requests The MFY lawyer sought rental assistance from the Human Resources Administration and reinstatement of a 8 housing subsidy. Guardians Ad Litem are mandated to complete a, form CIV-LT-57 (2000) for each case where they are the appointed. During the COVID-19 Emergency, applications may be submitted via fax to 917-639-0732. The MBI-WPD program does not offer family coverage. Learn more. For more information, call the Medicaid Helpline at 1-888-692-6116 or visit the NYS website. 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. New York County Lawyers Association If clients are unable to submit this documentation due to the COVID-19 Emergency, the application should still be submitted. Examples include but are not limited to a valid Power of Attorney, Letters of Administration, Guardianship Commission papers, etc. New York City Human Resources Administration / Department of Social Services, http://www.nyc.gov/html/hra/html/contact/contact.shtml. 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 instructions in below Request for Client Records section. NYC Human Resources Administration Employee Directory NYC Human Resources Administration has 319 employees. She has served as a guardian ad litem six times before. Following his departure from the SRO, the man spent several weeks as a homeless person. Clients whose citizenship status is not verified through data sources will also be given an opportunity to submit the documents later. 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. (D). 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. Since May 2013 the NYC Medicaid Office has been located at 785 Atlantic Ave., Brooklyn, NY 11238. ), 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 Medicaid Buy-In program offers coverage to people with disabilities who are working and earning more than what is allowed in traditional Medicaid. This recommendation is made based on the following circumstances. Medicaid clients who have case changes that require additional documentation should use the MAP-751W form below. 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. He was taken from the streets to St. Lukes Hospital. In the event that the Judge requires the submission of the GAL Case Summary, the Judge may order such on the Order Appointing a GAL form (CIV-GP-l12-02/07). 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. 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. In their capacity as guardians ad litem, lawyers can perform a critical role in assisting people in great need. However, a recent New York Court of Appeals decision, OBrien v. Spitzer, 2006 Slip Op. HRA has earned award-winning academic, athletic and arts designations since its founding more than 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. Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 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). The City leverages shared services functions across agencies, which results in better daytoday management and building an integrated mission across agencies. In the Housing Court in Bronx and Kings Counties, facsimile machines in attorney rooms and their upkeep are paid for by the attorneys. Sale of Electronic Housing Court Data by OCA. To avoid a future nonpayment of rent proceeding, Ms. Blakeman helped to arrange for the landlord to receive rent payments directly. 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. ), Guardians ad litem are appointed by Housing Court judges for litigants with diminished capacity. Tenants who have been sued by a prior landlord report finding themselves blacklisted from renting another apartment, regardless of whether the case was meritorious or whether the tenant was justified in withholding rent. 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. 25 at, 6 (Sup. Ct. NY Co.); New York Life v. During the COVID-19 Emergency, applications may be submitted via fax to 917-639-0732. REPORT ON RESOURCES IN THE HOUSING COURT. ); Jan. 15, 2003 NYLJ, pg. ), Plan: APS assistance (describe plan) ______________________________, Does the resolution of the case involve the ward giving up rights to live in the apartment or otherwise vacating the apartment? Since its inception, NYCLA has been at the forefront of most legal debates in the country. 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. 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 Judge before whom the matter was tried dismissed the landlords clutter allegationthe basis for the nuisance claim v.... Proposed stipulation a written report rejecting the landlords petition members expressed concern about the of... In traditional Medicaid program offers coverage to people with disabilities who are also admitted attorneys are reviewed by Judge... 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