27 at 4 (Civ. 2022 All Rights Reserved, NYC is a trademark and service mark of the City of New York, Serving New Yorkers with Care & Compassion, OCA-960 Authorization for Release of Health Information Pursuant to HIPAA, Visit our Disability Access page for more information, Domestic Violence & Emergency Intervention: 800-621-4673, Family Independence Administration Automated Line: 718-722-8009, HIV/AIDS Services Administration: 212-971-0626, Medical Assistance Program Surplus Helpline: 929-221-0835. 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. Fax Number. Gail Hankin Director. 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. If the requested information is provided, coverage will be extended for 6 months. Participants in the MBI-WPD program don't have to pay a spenddown. 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. 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. 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. 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. Learn more. like this one. 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. The more extensive information on the Court Terminals should be made available to the public through the Housing Courts website and/or through E-Courts. 05158 (June 29, 2006), raises serious questions as to whether individuals serving as GALs will be entitled to indemnification from the State. To that end, it is advised that the Judge should, prior to approving a stipulation recommended by a GAL, ascertain if the GAL has at a minimum: In ascertaining the above a Judge either may require the GAL to submit the GAL Case Summary form( CIV-LT-57-2/2007 ) that GALs are now required to fill out for every case or may query the G AL on the record. 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. 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. state. 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. Alex Henao 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. 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. Justice Fisher advised that the Court sought to negotiate a Memorandum of Understanding (MOU) with DHCR in 1997/1998 for the Court to obtain online access to relevant DHCR records; however, DHCR failed to finalize the MOU. 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. Site ID For HRA Partner Organizations 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. Lukes and met with his parents. Ms. Zelhof and colleagues wrote: Guardians ad litem and counsel for defendants perform different roles. 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. (The authors are Jeanette Zelhof, deputy director and managing attorney, MFY Legal Services Inc., Andrew Goldberg, supervising attorney, and Hina Shamsi, staff attorney. Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. Clients will be given an opportunity to submit the documents later. Following his departure from the SRO, the man spent several weeks as a homeless person. Please do not leave credit card information on the voicemail. 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. However, a recent New York Court of Appeals decision, OBrien v. Spitzer, 2006 Slip Op. p.m. on the training date. fergusfallsjournal.com 125 N Union Ave Suite 301 Fergus Falls, MN 56537 Phone: 218-736-7511 Email: newsroom@fergusfallsjournal.com Keiley Gaston Senior Analyst. Therefore, an electronic filing system for Housing Court through OCA is several years away. Mailing Address. 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. Facsimile machines could be installed by attorneys in the remaining counties upon request, provided that the attorneys pay for the machines and their upkeep. 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. The Task Force acknowledges that procedures set forth below do not address all conflicts that may arise between a GAL and a litigant. Login You 27 at 5 (Civ. The citys Department of Aging reports that there are about 930,000 persons over the age of 65 living in the city. 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. Call the HRA Medicaid Helpline at 888-692-6116 for more information. Please also provide the relevant time period for the requested records, and the particular benefit type associated with the requested records. If the Guardians default is a result of derelict of responsibilities, the Guardian should be removed and a new Guardian appointed. , 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. Through integrated management for HRA and DHS, client services can be provided more seamlessly and effectively. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. Ms. Brandner met with his psychiatrist at. The renewal extension applies to all renewal cases including Office of Mail Renewal, MLTC, Nursing Home Eligibility, Medicare Savings Program, MBI-WPD (entitled to 6 months extended grace period if loss of employment), Stenson/Recipients who lose their SSI eligibility and Rosenberg/Recipients who lose their eligibility for cash assistance. The landlord commenced a nonpayment action against Ms. G, alleging that she owed $2,500 in rent. all organized by area. HRA permits nonprofit organizations, associations and corporations to solicit donations for charitable purposes in New York City. 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 However, Justice Fisher noted that the Court does not have online access to DHCRs rent registration information and that such information would be useful to the Court when it is handling summary non-payment proceedings and rent overcharge claims, particularly when tenants are unrepresented. Guardians Ad Litem are mandated to complete a GAL Case Summary form CIV-LT-57 (2000) for each case where they are the appointed GAL.GAL 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. During the COVID-19 Emergency, applications may be submitted via fax to 917-639-0732. (D). Increase the Number of Competent, Well-Trained GALs, Increase the Involvement of the Private Bar, To improve efficiency and access to justice for litigants in Housing Court, private law firms should be encouraged to serve as GALs. According to the citys Department of Health and Mental Hygiene, about 380,000 New Yorkers suffer from some form of mental illness. ny.us/courts/nyc/housing/index.shtml). You must create an ACCESS HRA account to apply for benefits and view case information that is securely connected to your HRA case. The appointment of a GAL Coordinator is a major advancement in the management and continued viability of the GAL program. When I had a child, this gentleman, upon learning the news, begged his social worker to let him pay me a visit. This work should be credited as, work. 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. Dedicated Faculty and Staff. ), Guardians ad litem are appointed by Housing Court judges for litigants with diminished capacity. New York City Human Resources Administration / Department of Social Services, http://www.nyc.gov/html/hra/html/contact/contact.shtml. 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. The New York City Human Resources Administration/Department of Social Services (HRA/DSS) is dedicated to fighting poverty and income inequality by providing New Yorkers in need with essential benefits such as Food Assistance and Emergency Rental Assistance. The newly established email address for service is [emailprotected]. The court appointed a guardian ad litem to assist her. Does the settlement involve any of the following? 25 at, 6 (Sup. With regard to your remaining two requests, please be advised that we are currently in the process of determining the availability and/or releasability of the documents you requested. MuckRock users can file, duplicate, track, and share public records requests nyc human resources administration NYC Human Please be advised that with regard to your 1st request, Public Officers Law 87(3)(c) requires that the agency: "maintain..a reasonably detailed current list by subject matter of all records in the possession of the agency" The "subject matter list" does not consist of an index or list of every record maintained by an agency; rather, it must consist of a categorization of the kinds of records maintained by an agency. 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. 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. Since its inception, NYCLA has been at the forefront of most legal debates in the country. 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. 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. In addition, Housing Court now has Resource Centers with Court staff who are available to provide pro se litigants with procedural information. (HRA DSS). 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. 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. The opinion affirms that GALs who do not accept a fee for their service are volunteers participating in a state-sponsored volunteer program. With the help of her court appointed guardian ad litem, Ms. S, an elderly tenant facing eviction, retained MFY Legal Services to defend against the nuisance holdover action brought against her by her landlord in Housing Court. Ct Albany Co.); Sarfaty v. Sarfaty, 83 A.D.2d 748, 443 N.Y.S.2d 506 (4th Dept 1981); Barone v. Cox, 51 A.D.2d 115, 379 N.Y.&2d 881 (4th Dept 1976); Glick v. Quintana, Nov. 30, 1992, NYLJ, pg. ). Thank you. We expect that we will be able to respond to your request on or about January 30, 2015. REPORT ON RESOURCES IN THE HOUSING COURT. 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. Attorney GAL stipulations should not be treated as two attorney stipulations. Ct). NYC HRA employees: ormsbyblair, Espaillat, Otufale, bostic NYC HRA Industry: Government department Description The Human Resources Administration or Department of Social Services is the department of the government of New York City in charge of the majority of the citys social services programs. 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. 2007 WL 58197, N.Y.L.J., March 2, 2007, 29:1 (N Y.Sup.App.Term 1st Dept.). Her ward was a Vietnam veteran, now in his sixties. Some elderly New Yorkers find it difficult to manage their own affairs. 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. Clients will only receive a call back if additional information is needed. The attorney, while an officer of the court as well, must be a zealous advocate for the client in an adversarial process. The issue should also be raised in all GAL training materials. If you have any questions, please feel free to call me at (929) 221-6556. many cases unless both sides, not just those who can afford it, are represented by lawyers. You or your authorized representative can also apply at any local Medicaid office within New York City. A copy of the current subject matter, of all records in possession of the agency;2. Arjun Gupta Sarma Principal. In May 2021. each City agency was required to submit a report to the Mayoral Restart Taskforce per DCAS' guidance, Managing the Return to the Office in the Age of COVID-19, updated March 2021. 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. She lives on the Social Security payments she receives each month. 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. Such requests must be accompanied by an authorization or other appropriate documentation. 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. 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. 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. 37 A.D.2d 480, 326 N.Y.S.2d 458 (4th Dept 1971); Sept. 7, 1993, NYLJ, pg. Dean is executive director of Volunteers of Legal Service. 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 A valuable pro bono role can be performed by lawyers through service as a guardian. With no housing, they may end up in an adult home, or on the street. Tell an HRA Worker or call us at 718-557-1399. myBenefits Live outside of NYC? 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. Please make your check or money order payable to the NYC Department of Social Services and mail it to the New York City Human Resources Administration, Office of Legal Affairs, Freedom of Information Law Officer, 180 Water Street, New York, NY 10038, Room 1701. The Latest News, Resources and Media from the New York County Lawyers Association. Disability Determination Request (MAP-3177). The data, which are transmitted electronically from OCAs computer system to the TSBs computers, include information about the initial filing of each case (names of the parties, type of case, amount sued for, docket number) and a single word disposition (i.e., judgment, settled, writ of eviction issued, dismissed, discontinued, etc.). NYC Human Resources Administration Employee Directory NYC Human Resources Administration has 319 employees. Their affiliations are listed for identification purposes only. Discover the Difference that Hampton Roads Academy can make in your child's life. All hours are Monday to Friday except where otherwise noted. who are also admitted attorneys are reviewed by the Judge in the same manner as stipulations recommended by non-attorney GALs. It is important to listen to Our work turns vision into action through rigorous analysis, strategy development, and implementation planning. 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. 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. The City leverages shared services functions across agencies, which results in better daytoday management and building an integrated mission across agencies. To shorthand it, as U.S. District Court Judge Robert Sweet said in a 1997 speech delivered at the Association of the Ear of the City of New York, we need a Civil Gideon, that is, an expanded constitutional right to counsel in civil.matters, Lawyers, and lawyers for all, are essential to the functioning of an effective justice system.. 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. After speaking with Justice Fisher, the Task Force contacted DHCR and spoke with Michael Rosenblatt, Assistant Commissioner/Deputy Counsel. Index Number: ________________________________, Case Name: ___________________________v.__________________________, GAL Contact Information: Name:_____________________________, Income and savings (Social Security, SSI, public assistance, etc. Or you can call the Central Complaint Unit at 718-291-4141. GAL Case Summary forms should not be placed in the court file unless the file is made a sealed record. Staff. Currently, such information may be available on an individual basis when requested by a tenant from DHCR; however, many tenants are unable or unwilling to follow through with DHCR to obtain relevant or necessary information. The list is still in the process of being updated, and we now expect an updated list to be available April 1, 2015. state. 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. (See Appendix A.). 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. Your authorized representative can fax an application to 917-639-0731. Developed a plan to assist the ward in obtaining repairs, monies or other assistance needed to comply with the proposed stipulation. The assistant also found numerous conditions in the apartment requiring repair. 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. 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. 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. Judges may require the GAL to submit the GAL Case Summary form or may query the GAL on the record. The Human Resources Administration (HRA) is the nation's largest social services agency and assists over three million lowincome and vulnerable New Yorkers annually Questions about specific requests should also be made through NYC OpenRecords by using the Contact the Agency link available on every request page. The Subcommittee agreed on four ways to improve the use of GAL resources in Housing Court. Regarding current subject matter of all records in possession of the agency, an old subject matter list is now available. The Task Force produced three reports: Report on Right to Counsel in Housing Court, Report on Protocols for Judges in the Settlement and Trial of Cases Involving Unrepresented Litigants in Housing Court, and Report on Resources in Housing Court, which were adopted by the NYCLA. There are many frail and fragile people who live in New York City. Need help filling out HRA forms and dont have someone who can help? In addition to being poor, they often are alone in the world. William J. 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. In addition, Housing Court now has Resource Centers with Court staff who are available to provide. He obtained a rent breakdown from the landlord and contacted the SCRIE (Senior Citizen Rent Increase Exemption) program to review her benefit history. Clients whose citizenship status is not verified through data sources will also be given an opportunity to submit the documents later. This elderly gentleman would have become another homeless statistic, but for the intervention of MFY Legal Services and caring social workers. Each and every stipulation recommended by a GAL should be reviewed by the Judge, A Judge should insure that stipulations recommended by GALs. 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. In the latter event, a copy of the order removing a GAL for this reason or any other reason must be sent to the Administrative Judge immediately.
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27 at 4 (Civ. 2022 All Rights Reserved, NYC is a trademark and service mark of the City of New York, Serving New Yorkers with Care & Compassion, OCA-960 Authorization for Release of Health Information Pursuant to HIPAA, Visit our Disability Access page for more information, Domestic Violence & Emergency Intervention: 800-621-4673, Family Independence Administration Automated Line: 718-722-8009, HIV/AIDS Services Administration: 212-971-0626, Medical Assistance Program Surplus Helpline: 929-221-0835. 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. Fax Number. Gail Hankin Director. 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. If the requested information is provided, coverage will be extended for 6 months. Participants in the MBI-WPD program don't have to pay a spenddown. 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. 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. 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. 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. Learn more. like this one. 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. The more extensive information on the Court Terminals should be made available to the public through the Housing Courts website and/or through E-Courts. 05158 (June 29, 2006), raises serious questions as to whether individuals serving as GALs will be entitled to indemnification from the State. To that end, it is advised that the Judge should, prior to approving a stipulation recommended by a GAL, ascertain if the GAL has at a minimum: In ascertaining the above a Judge either may require the GAL to submit the GAL Case Summary form( CIV-LT-57-2/2007 ) that GALs are now required to fill out for every case or may query the G AL on the record. 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. 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. state. 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. Alex Henao 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. 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. Justice Fisher advised that the Court sought to negotiate a Memorandum of Understanding (MOU) with DHCR in 1997/1998 for the Court to obtain online access to relevant DHCR records; however, DHCR failed to finalize the MOU. 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. Site ID For HRA Partner Organizations 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. Lukes and met with his parents. Ms. Zelhof and colleagues wrote: Guardians ad litem and counsel for defendants perform different roles. 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. (The authors are Jeanette Zelhof, deputy director and managing attorney, MFY Legal Services Inc., Andrew Goldberg, supervising attorney, and Hina Shamsi, staff attorney. Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. Clients will be given an opportunity to submit the documents later. Following his departure from the SRO, the man spent several weeks as a homeless person. Please do not leave credit card information on the voicemail. 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. However, a recent New York Court of Appeals decision, OBrien v. Spitzer, 2006 Slip Op. p.m. on the training date. fergusfallsjournal.com 125 N Union Ave Suite 301 Fergus Falls, MN 56537 Phone: 218-736-7511 Email: newsroom@fergusfallsjournal.com Keiley Gaston Senior Analyst. Therefore, an electronic filing system for Housing Court through OCA is several years away. Mailing Address. 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. Facsimile machines could be installed by attorneys in the remaining counties upon request, provided that the attorneys pay for the machines and their upkeep. 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. The Task Force acknowledges that procedures set forth below do not address all conflicts that may arise between a GAL and a litigant. Login You 27 at 5 (Civ. The citys Department of Aging reports that there are about 930,000 persons over the age of 65 living in the city. 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. Call the HRA Medicaid Helpline at 888-692-6116 for more information. Please also provide the relevant time period for the requested records, and the particular benefit type associated with the requested records. If the Guardians default is a result of derelict of responsibilities, the Guardian should be removed and a new Guardian appointed. , 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. Through integrated management for HRA and DHS, client services can be provided more seamlessly and effectively. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. Ms. Brandner met with his psychiatrist at. The renewal extension applies to all renewal cases including Office of Mail Renewal, MLTC, Nursing Home Eligibility, Medicare Savings Program, MBI-WPD (entitled to 6 months extended grace period if loss of employment), Stenson/Recipients who lose their SSI eligibility and Rosenberg/Recipients who lose their eligibility for cash assistance. The landlord commenced a nonpayment action against Ms. G, alleging that she owed $2,500 in rent. all organized by area. HRA permits nonprofit organizations, associations and corporations to solicit donations for charitable purposes in New York City. 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 However, Justice Fisher noted that the Court does not have online access to DHCRs rent registration information and that such information would be useful to the Court when it is handling summary non-payment proceedings and rent overcharge claims, particularly when tenants are unrepresented. Guardians Ad Litem are mandated to complete a GAL Case Summary form CIV-LT-57 (2000) for each case where they are the appointed GAL.GAL 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. During the COVID-19 Emergency, applications may be submitted via fax to 917-639-0732. (D). Increase the Number of Competent, Well-Trained GALs, Increase the Involvement of the Private Bar, To improve efficiency and access to justice for litigants in Housing Court, private law firms should be encouraged to serve as GALs. According to the citys Department of Health and Mental Hygiene, about 380,000 New Yorkers suffer from some form of mental illness. ny.us/courts/nyc/housing/index.shtml). You must create an ACCESS HRA account to apply for benefits and view case information that is securely connected to your HRA case. The appointment of a GAL Coordinator is a major advancement in the management and continued viability of the GAL program. When I had a child, this gentleman, upon learning the news, begged his social worker to let him pay me a visit. This work should be credited as, work. 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. Dedicated Faculty and Staff. ), Guardians ad litem are appointed by Housing Court judges for litigants with diminished capacity. New York City Human Resources Administration / Department of Social Services, http://www.nyc.gov/html/hra/html/contact/contact.shtml. 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. The New York City Human Resources Administration/Department of Social Services (HRA/DSS) is dedicated to fighting poverty and income inequality by providing New Yorkers in need with essential benefits such as Food Assistance and Emergency Rental Assistance. The newly established email address for service is [emailprotected]. The court appointed a guardian ad litem to assist her. Does the settlement involve any of the following? 25 at, 6 (Sup. With regard to your remaining two requests, please be advised that we are currently in the process of determining the availability and/or releasability of the documents you requested. MuckRock users can file, duplicate, track, and share public records requests nyc human resources administration NYC Human Please be advised that with regard to your 1st request, Public Officers Law 87(3)(c) requires that the agency: "maintain..a reasonably detailed current list by subject matter of all records in the possession of the agency" The "subject matter list" does not consist of an index or list of every record maintained by an agency; rather, it must consist of a categorization of the kinds of records maintained by an agency. 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. 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. Since its inception, NYCLA has been at the forefront of most legal debates in the country. 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. 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. In addition, Housing Court now has Resource Centers with Court staff who are available to provide pro se litigants with procedural information. (HRA DSS). 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. 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. The opinion affirms that GALs who do not accept a fee for their service are volunteers participating in a state-sponsored volunteer program. With the help of her court appointed guardian ad litem, Ms. S, an elderly tenant facing eviction, retained MFY Legal Services to defend against the nuisance holdover action brought against her by her landlord in Housing Court. Ct Albany Co.); Sarfaty v. Sarfaty, 83 A.D.2d 748, 443 N.Y.S.2d 506 (4th Dept 1981); Barone v. Cox, 51 A.D.2d 115, 379 N.Y.&2d 881 (4th Dept 1976); Glick v. Quintana, Nov. 30, 1992, NYLJ, pg. ). Thank you. We expect that we will be able to respond to your request on or about January 30, 2015. REPORT ON RESOURCES IN THE HOUSING COURT. 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. Attorney GAL stipulations should not be treated as two attorney stipulations. Ct). NYC HRA employees: ormsbyblair, Espaillat, Otufale, bostic NYC HRA Industry: Government department Description The Human Resources Administration or Department of Social Services is the department of the government of New York City in charge of the majority of the citys social services programs. 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. 2007 WL 58197, N.Y.L.J., March 2, 2007, 29:1 (N Y.Sup.App.Term 1st Dept.). Her ward was a Vietnam veteran, now in his sixties. Some elderly New Yorkers find it difficult to manage their own affairs. 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. Clients will only receive a call back if additional information is needed. The attorney, while an officer of the court as well, must be a zealous advocate for the client in an adversarial process. The issue should also be raised in all GAL training materials. If you have any questions, please feel free to call me at (929) 221-6556. many cases unless both sides, not just those who can afford it, are represented by lawyers. You or your authorized representative can also apply at any local Medicaid office within New York City. A copy of the current subject matter, of all records in possession of the agency;2. Arjun Gupta Sarma Principal. In May 2021. each City agency was required to submit a report to the Mayoral Restart Taskforce per DCAS' guidance, Managing the Return to the Office in the Age of COVID-19, updated March 2021. 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. She lives on the Social Security payments she receives each month. 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. Such requests must be accompanied by an authorization or other appropriate documentation. 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. 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. 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. 37 A.D.2d 480, 326 N.Y.S.2d 458 (4th Dept 1971); Sept. 7, 1993, NYLJ, pg. Dean is executive director of Volunteers of Legal Service. 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 A valuable pro bono role can be performed by lawyers through service as a guardian. With no housing, they may end up in an adult home, or on the street. Tell an HRA Worker or call us at 718-557-1399. myBenefits Live outside of NYC? 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. Please make your check or money order payable to the NYC Department of Social Services and mail it to the New York City Human Resources Administration, Office of Legal Affairs, Freedom of Information Law Officer, 180 Water Street, New York, NY 10038, Room 1701. The Latest News, Resources and Media from the New York County Lawyers Association. Disability Determination Request (MAP-3177). The data, which are transmitted electronically from OCAs computer system to the TSBs computers, include information about the initial filing of each case (names of the parties, type of case, amount sued for, docket number) and a single word disposition (i.e., judgment, settled, writ of eviction issued, dismissed, discontinued, etc.). NYC Human Resources Administration Employee Directory NYC Human Resources Administration has 319 employees. Their affiliations are listed for identification purposes only. Discover the Difference that Hampton Roads Academy can make in your child's life. All hours are Monday to Friday except where otherwise noted. who are also admitted attorneys are reviewed by the Judge in the same manner as stipulations recommended by non-attorney GALs. It is important to listen to Our work turns vision into action through rigorous analysis, strategy development, and implementation planning. 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. 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. The City leverages shared services functions across agencies, which results in better daytoday management and building an integrated mission across agencies. To shorthand it, as U.S. District Court Judge Robert Sweet said in a 1997 speech delivered at the Association of the Ear of the City of New York, we need a Civil Gideon, that is, an expanded constitutional right to counsel in civil.matters, Lawyers, and lawyers for all, are essential to the functioning of an effective justice system.. 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. After speaking with Justice Fisher, the Task Force contacted DHCR and spoke with Michael Rosenblatt, Assistant Commissioner/Deputy Counsel. Index Number: ________________________________, Case Name: ___________________________v.__________________________, GAL Contact Information: Name:_____________________________, Income and savings (Social Security, SSI, public assistance, etc. Or you can call the Central Complaint Unit at 718-291-4141. GAL Case Summary forms should not be placed in the court file unless the file is made a sealed record. Staff. Currently, such information may be available on an individual basis when requested by a tenant from DHCR; however, many tenants are unable or unwilling to follow through with DHCR to obtain relevant or necessary information. The list is still in the process of being updated, and we now expect an updated list to be available April 1, 2015. state. 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. (See Appendix A.). 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. Your authorized representative can fax an application to 917-639-0731. Developed a plan to assist the ward in obtaining repairs, monies or other assistance needed to comply with the proposed stipulation. The assistant also found numerous conditions in the apartment requiring repair. 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. 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. 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. Judges may require the GAL to submit the GAL Case Summary form or may query the GAL on the record. The Human Resources Administration (HRA) is the nation's largest social services agency and assists over three million lowincome and vulnerable New Yorkers annually Questions about specific requests should also be made through NYC OpenRecords by using the Contact the Agency link available on every request page. The Subcommittee agreed on four ways to improve the use of GAL resources in Housing Court. Regarding current subject matter of all records in possession of the agency, an old subject matter list is now available. The Task Force produced three reports: Report on Right to Counsel in Housing Court, Report on Protocols for Judges in the Settlement and Trial of Cases Involving Unrepresented Litigants in Housing Court, and Report on Resources in Housing Court, which were adopted by the NYCLA. There are many frail and fragile people who live in New York City. Need help filling out HRA forms and dont have someone who can help? In addition to being poor, they often are alone in the world. William J. 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. In addition, Housing Court now has Resource Centers with Court staff who are available to provide. He obtained a rent breakdown from the landlord and contacted the SCRIE (Senior Citizen Rent Increase Exemption) program to review her benefit history. Clients whose citizenship status is not verified through data sources will also be given an opportunity to submit the documents later. This elderly gentleman would have become another homeless statistic, but for the intervention of MFY Legal Services and caring social workers. Each and every stipulation recommended by a GAL should be reviewed by the Judge, A Judge should insure that stipulations recommended by GALs. 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. In the latter event, a copy of the order removing a GAL for this reason or any other reason must be sent to the Administrative Judge immediately.
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