By calling HRAs Staff Emergency phone number at (718) 246-7659 you will be given general Agency information. MuckRock is a non-profit collaborative news site that gives you the tools to keep our government transparent and accountable. The two roles are distinct, as are the obligations.. All hours are Monday to Friday except where otherwise noted. 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. Representation by counsel is especially critical in preserving the due process rights of litigants with diminished capacity. fergusfallsjournal.com 125 N Union Ave Suite 301 Fergus Falls, MN 56537 Phone: 218-736-7511 Email: [email protected] 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. Electronic filing of documents is not available in Housing Court. 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. 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. V.K., Mar, 3, 1999, NYLJ, pg. Alex Henao You can also fax your application to 917-639-0732. 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. The landlord also paid him damages, a portion of which he used to purchase a new bed. Also, regarding FOIL request logs for 2012 and 2013, please be advised that while such records are maintained, they are currently in a non-final form, with considerable amounts of confidential information and other non-final information and errors requiring correction. 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. NYCLA subsequently created the NYCLA Task Force on the Housing Court (hereinafter Task Force), co-chaired by Professor Paula Galowitz and Hon. Following his departure from the SRO, the man spent several weeks as a homeless person. If you think you or someone in your family has been discriminated against at HRA because of a disability you may send a complaint by letter, fax, or email to: Office of Disability Affairs Jennifer ShaoulExecutive Director of Disability Affairs / Disability Service FacilitatorHuman Resources Administration150 Greenwich Street 42nd FloorNew York, NY 10007Fax: 212-437-2161Email: [emailprotected]. Taken all steps to get the ward to come to court or to locate the ward if the ward is missing. 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. Through her efforts as guardian, and the work of an MFY lawyer, the man was restored to his room by a judge and his possessions returned to him. These solicitations can take place indoors or outdoors. 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 court appointed a guardian ad litem to assist her. See below for information regarding coverage for Surplus cases. 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. 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. Although some reports are available to Housing Court Judges upon request, it often takes an inordinate amount of time to receive such reports. available GALs and, in turn, will increase access to justice in Housing Court. 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). This Report was prepared by the Task Force Subcommittee on Resources in Housing Court. Call the HRA Medicaid Helpline at 1-888-692-6116 for more information or visit a Medicaid Office to apply. Your authorized representative can fax an application to 917-639-0731. She lives on the Social Security payments she receives each month. 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 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. Board of Directors on December 4, 2006, December 4, 2006, and February 5, 2007, respectively. 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. During the COVID-19 Emergency, applications may be submitted via fax to 917-639-0732. During its discussion of this issue, the Task Force was informed that Civil Court does not have resources allocated under the current budget to add social workers to Court staff. The landlord also paid him damages, a portion of which he used to purchase a new bed. Civil Court currently has a request pending for the hiring of one social worker under the OCA budget. The assistant issued a written report rejecting the landlords clutter allegationthe basis for the nuisance claim. 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. All Freedom of Information Law (FOIL) requests to the Human Resources Administration should be submitted via NYC OpenRecords (nyc.gov/openrecords). City of New York. 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. Jonathan Haragold Principal. 25 at, 6 (Sup. Developed a plan to assist the ward in obtaining repairs, monies or other assistance needed to comply with the proposed stipulation. Medicaid clients who have case changes that require additional documentation should use the MAP-751W form below. 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. Marcy S. Friedman, to work towards the implementation of some of the reforms recommended at the Conference. The Task Force acknowledges that procedures set forth below do not address all conflicts that may arise between a GAL and a litigant. There are many frail and fragile people who live in New York City. ), 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. However, for the old subject matter list there is a charge of $72.75, based on a photocopying fee of twenty-five cents (0.25) per page x 291 pages. City of New York. GALs must retain a copy of the completed GAL Case Summary 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. This Report addresses the work of the Resources Subcommittee, which was chaired by Lisa E. Cleary with Justin Kaufman serving as secretary. Ms. Brandner met with his psychiatrist at. The City leverages shared services functions across agencies, which results in better daytoday management and building an integrated mission across agencies. For her work as a guardian ad litem, Ms. Blakeman received, not a legal fee, but a mothers day card from her ward. However, the Task Force believes that implementation of these procedures will substantially improve access to justice for litigants with diminished capacity. 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. This work should be credited as pro bono work. Mailing Address. To the extent that these options cost money, such cost can be offset by charging a nominal fee. Any case that is closed for failure to renew or failure to provide documentation during COVID-19 will be re-opened and coverage restored to ensure no gap in coverage. 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. For example, if a tenant is awarded a 90 percent rent abatement for repair problems, a TSB will report the disposition of that case simply as a judgment against the tenant for the remaining 10 percent of the rent. By contrast, the funds received by OCA from its sale of Criminal Court data must return, pursuant to State law, to OCAs Criminal Court budget. In the event that the Judge requires the submission of the. 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. You or your authorized representative can also apply at any local Medicaid office within New York City. Court procedures should be standardized to ensure the preservation of due process rights of litigants with diminished capacity. 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. 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. 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. Although the Task Force recognizes the significant improvements the Housing Court has made in the GAL program, it is concerned about the lack of procedures to protect the due process rights of litigants with diminished capacity, and about inconsistencies in the way that cases involving a GAL are handled. Single people and married couples are both covered under this program if both individuals are working and have a disability. Requests and forms should be submitted via email to [emailprotected]. The Reception Unit is on the main floor of 785 Atlantic Ave.Brooklyn NY 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. Dedicated Faculty and Staff. Each and every stipulation recommended by a GAL should be reviewed by the Judge, A Judge should insure that stipulations recommended by GALs. 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. Copies of documents that prove immigration/identity status should still be submitted. Single Site/Congregate Supportive Housing: 111 Broadway 10th Floor 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 HRA Center Locations. Nicole M. Zeiss is an antitrust and securities lawyer at Labaton Sucharow & Rudoff. 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. HRA Quick Start Guide [PDF] HRA Summary Plan - Employees [PDF] HRA Summary Plan - Retirees [PDF] Health Plan. Participants in the MBI-WPD program don't have to pay a spenddown. 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. To help people who do not have resources, or access to assistance, is a great privilege for me.. Indeed, on occasion, tenants do not even recognize that such information may be relevant and helpful to the outcome of their cases. To the extent legislation is required to implement this recommendation, such legislation should be pursued. City of New York. 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. . 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). If the requested information is provided, coverage will be extended for 6 months. Separate and apart from the issues of litigation and repair, the MFY lawyer and the guardian ad litem worked together to obtain much-needed home health services for the client. Tenants are often advised that the fastest way to obtain needed repairs in their apartments is to withhold rent, let their landlord bring a non-payment proceeding, and then ask the Court for a repair order and a rent abatement. Ct. NY Co.); New York Life v. Ms. G was able to maintain her long tenancy in the apartment. 12, 1999, NYU, pg 26 at 1 (AT 1st Dept. Calling references, something currently being performed by the Housing Court, is an important method of screening out unqualified individuals as the Court works toward increasing the number of qualified GALs in the available pool. The Subcommittee agreed on four ways to improve the use of GAL resources in Housing Court. 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