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. 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. In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. Ct. N.Y. Co.); Hotel Preservation v. Byrne, Mar. , 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. 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. 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. 21 at 5 (Richmond Co. Dist. 12, 1999, NYU, pg 26 at 1 (AT 1st Dept. You should continue to pay your spenddown until your MBI- WPD application is approved. HRA Quick Start Guide [PDF] HRA Summary Plan - Employees [PDF] HRA Summary Plan - Retirees [PDF] Health Plan. The HRA staff notification line is available to keep you updated during citywide emergency situations. Human Resources Administration (HRA) of New York City | Resources Directory Human Resources Administration (HRA) of New York City Human Resources Administration (HRA) of Clients may attest to all elements of eligibility except Immigration Status and Identity, if immigration document does not also prove identity. Records are made available through the Agency's Records Access Officer. 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. Developed a plan to assist the ward in obtaining repairs, monies or other assistance needed to comply with the proposed stipulation. Learn more about HRA programs. It is important to listen to information for your program area in the event there are location changes, among other important information. Since its inception, NYCLA has been at the forefront of most legal debates in the country. The GAL Coordinator is working to increase the number of such individuals. Board of Directors on December 4, 2006, December 4, 2006, and February 5, 2007, respectively. You or your authorized representative can also apply at any local Medicaid office within New York City. The guardian ad litem is an officer of the court whose role is to protect the interests of the ward and report to the court. (The authors are Jeanette Zelhof, deputy director and managing attorney, MFY Legal Services Inc., Andrew Goldberg, supervising attorney, and Hina Shamsi, staff attorney. If you are serving an out-of-state subpoena, please ensure that service is made an accordance with NY CPLR 3119. Through integrated management for HRA and DHS, client services can be provided more seamlessly and effectively. Learn more. Justice Fisher advised the Task Force of the need to double the current pool of certified GALs from 100 to 200 individuals. Registration information filed with the DHCR pursuant to this Part shall not be subject to the Freedom of Information Law, provided that such information relative to a tenant, owner, lessor or subtenant shall be made available to such party or his/her authorized representative. 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. 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. Failure to vacate the default judgement maybe reversible error. The HPD website includes information with respect to the size of a building (e.g., the number of Class A and Class B units and the number of stories), the nature and number of current violations placed against the building, the emergency repair charges owing on the building, the names and addresses of the registered owner and registered managing agent, and the violation history. To avoid a future nonpayment of rent proceeding, Ms. Blakeman helped to arrange for the landlord to receive rent payments directly. Ms. G is an 80-year-old woman living in a one bedroom apartment in the West Village. Upon receipt of payment your materials will be promptly mailed along with a receipt for your remittance. City of New York. 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. 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. litigants with procedural information. Burial Allowance Application M-860W Learn how you can get covered. Dedicated Faculty and Staff. Tell an HRA Worker or call us at 718-557-1399. myBenefits Live outside of NYC? He was taken from the streets to St. Lukes Hospital. nyc human resources administration NYC Human Ms. Zelhof and colleagues wrote: Guardians ad litem and counsel for defendants perform different roles. City of New York. In approving a $1.9 million class action settlement filed against First American Registry, Inc. (a company that purchases Housing Court data from OCA) under federal and state consumer protection laws, Judge Kaplan noted that he was troubled because the settlement leaves First Americans business model essentially intact.. View HRA's Interactive Guide to Services. These New Yorkers are at risk if sued in proceedings in the Housing Part of the Civil Court of the City of New York for nonpayment of rent or for alleged acts that could jeopardize their tenancies. 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. I look forward to receiving your response to this request within 5 business days, as the statute requires. Given the great strides the Housing Court has made in providing the above resources and assistance to pro se litigants, the Resources Subcommittee focused on other types of resources that would also improve access to justice for Housing Court litigants. 2007 WL 58197, N.Y.L.J., March 2, 2007, 29:1 (N Y.Sup.App.Term 1st Dept.). City of New York. NYCLA subsequently created the NYCLA Task Force on the Housing Court (hereinafter Task Force), co-chaired by Professor Paula Galowitz and Hon. 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. Marcy S. Friedman, to work towards the implementation of some of the reforms recommended at the Conference. She was able to resolve a dispute with the landlord. The judge before whom the matter was tried dismissed the landlords petition. This elderly gentleman would have become another homeless statistic, but for the intervention of MFY Legal Services and caring social workers. Contact the NYC HRA Office of Burial Services (OBS) Our office is now located at: 33-28 Northern Blvd. GAL Case Summary forms should not be placed in the court file unless the file is made a sealed record. The Reception Unit is on the main floor of 785 Atlantic Ave.Brooklyn NY In cases where the 20 days have elapsed and neither the Guardian nor the respondent has appeared on a court date, all efforts should be taken to discern on the record the cause of the Guardians default. Do not submit original documents. Her ward was a Vietnam veteran, now in his sixties. 2022 All Rights Reserved, NYC is a trademark and service mark of the City of New York, Serving New Yorkers with Care & Compassion. This Report addresses the work of the Resources Subcommittee, which was chaired by Lisa E. Cleary with Justin Kaufman serving as secretary. Do you need help with your application, recertification or other program requirements? (929) 221-5277 Deputy Chief of Staff - Peta-Gayle White (929) 221-8678 Senior Advisor, Strategic Initiatives - Jamar Hooks (929) 221-6681 Senior Advisor, Housing & Homelessness - Sara Zuiderveen (929) 221-6466 Senior Advisor to DSS First Deputy Commissioner - Peta-Gaye A. Daniel (929) 221-6393 Divisions DSS Office of the First Deputy 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. During this period, we have established an email address where DSS is now accepting service. There are also Rental Assistance Units of the Human Resources Administration on site to assist in the expediting of public assistance rent grants. Available to Pro Users. Contact HRA - HRA Contact Phone Numbers General: Infoline 718-557-1399 Adult Protective Services: 212-630-1853 Child Support Helpline: 888-208-4485 Disability Affairs: 718-291-4141 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. We expect that we will be able to respond to your request on or about January 30, 2015. WNYLC Online Resources / Home / Medicaid / Applying For and Keeping Medicaid / Medicaid Contacts in New York City (NYC Human Resources Since May 2013 the NYC Medicaid Office has been located at 785 Atlantic Ave., Brooklyn, NY 11238. The Reception Unit is on the main floor of 785 Atlantic Ave.Brooklyn NY 11238. If the Guardians default is a result of derelict of responsibilities, the Guardian should be removed and a new Guardian appointed. 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. 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. 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. 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. For her work as a guardian ad litem, Ms. Blakeman received, not a legal fee, but a mothers day card from her ward. 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. 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. 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. 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. 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. HRAs Records Access Officer:Samantha Arena, Esq.Associate General Counsel150 Greenwich Street, 38th Fl., New York, NY 10007[emailprotected], HRAs Records Appeals Officer:Ann Marie Scalia, Esq.Records Appeals Officer150 Greenwich Street, 38th Fl., New York, NY 10007[emailprotected]. While not condoning the sale of either Housing Court or Criminal Court data, and while recommending that the sale of Housing Court data stop, the Task Force also feels the need to raise awareness of the impropriety of selling Housing Court data as a means of funding OCAs general budget without providing any financial benefit to Housing Court, which is in need of additional resources. 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. 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 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 Task Force also recognized the need to address a fourth area the impact of the sale of electronic Housing Court data by the Office of Court Administration. The Task Force believes it would be useful for Housing Court Judges to be able to request reports that track cases by using metrics such as: Guardian Ad Litem appointments; judge; address of property/building at issue; attorney; default judgments that have been vacated with cases restored to the calendar; executed warrants, etc. Clients can also use the MAP-751K form below to make this change and fax it to 917-639-0837. Alex Henao 05158 (June 29, 2006), raises serious questions as to whether individuals serving as GALs will be entitled to indemnification from the State. The landlord also paid him damages, a portion of which he used to purchase a new bed. Their affiliations are listed for identification purposes only. Need help filling out HRA forms and dont have someone who can help? Request an application for Medicaid Housekeeping Services or ask home care questions by calling the CASA Office in your borough. Part 137 Fee Dispute Program, On October 28-29, 2004, the Justice Center of the New York County Lawyers Association (NYCLA), chaired by former dean of Fordham Law School, John Feerick, hosted a conference, The New York City Housing Court in the 21st Century: Can It Better Address the Problems Before It? occasioned by the Courts 30th anniversary. 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. A valuable pro bono role can be performed by lawyers through service as a guardian. 27 at 4 (Civ. It is the Task Forces understanding that electronic filing has been made available in Small Claims Court by use of a private vendor that charges a fee for creating electronic files that are reviewed and uploaded by Court staff. By calling HRAs Staff Emergency phone number at (718) 246-7659 you will be given general Agency information. (See Appendix C.). The appointment of a GAL Coordinator is a major advancement in the management and continued viability of the GAL program. If you have a disability, HRA can help by providing supports or accommodations to make it easier for you to get the services you need. 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. We now expect to have such logs available on or before March 18, 2015. Copyright 2006 ALM Properties, Inc. All rights reserved. The task force and other proponents of this resolution are convinced it is time for this nation to guarantee its low-income people equality before the law as a matter of right, including the legal resources required for such equality, beginning with these cases where basic human needs are at stake. 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: Met with the ward and attempted to make a home visit, Determined what the ward desires as an outcome of the case. 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.). Go to New York State's my Benefits website. When I had a child, this gentleman, upon learning the news, begged his social worker to let him pay me a visit. During the COVID-19 Emergency, applications may be submitted via fax to 917-639-0732. This work should be credited as, work. The Agency's Records Access Officer is responsible for ensuring the appropriate agency response to public requests for access to records.Persons seeking access to records maintained by the Human Resources Administration pursuant to the FOIL are advised to contact:Records Access OfficerOffice of Legal AffairsHuman Resources Administration180 Water Street, 17th FloorNew York, NY 10038In addition, I am attaching a copy of HRA's procedure for governing public access to records and documents as well as two HRA program guidelines concerning FOIL compliance. 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 This work should be credited as pro bono work. 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. 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. 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. P-93-03 Procedures Governing Public Access to Records and Docements.rd, CMU05_004_Responding_to_FOIL_Inquiries[1], COMPLIANCE HIPAA WORKFLOW FOR FREEDOM OF INFORMATION LAW REQUESTS. 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. 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. 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. 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. In the Housing Court in Bronx and Kings Counties, facsimile machines in attorney rooms and their upkeep are paid for by the attorneys. ). In addition to being poor, they often are alone in the world. 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. She has served as a guardian ad litem six times before. Therefore, increasing private bar participation as, GALs is a way to increase the number of and overall quality of. For help applying, please see this list of facilitated enrollers. 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. Therefore, increasing private bar participation as pro bono GALs is a way to increase the number of and overall quality of available GALs and, in turn, will increase access to justice in Housing Court. Given the great strides the Housing Court has made in providing the above resources and assistance to, litigants, the Resources Subcommittee focused on other types of resources that would also improve access to justice for Housing Court litigants. Disability Determination Request (MAP-3177). 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. These guides help you fill out your Medicaid Renewal and give examples of documents you can use to give proof of information we need to decide on help for you. 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. 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. 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. In addition, Housing Court now has Resource Centers with Court staff who are available to provide pro se litigants with procedural information. The guardian visited Ms. G and investigated the landlords claims. 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