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. REPORT ON RESOURCES IN THE HOUSING COURT. When submitting these types of requests, please make sure you supply enough information to assist us with searching for the requested records (name, date of birth, etc.). Or you can call the Central Complaint Unit at 718-291-4141. However, implementation of universal case management in the Civil Court will not become effective until 2007 and will not include the Housing Court. 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. 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. However, no Court has addressed the issue directly in the context of GALs. 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). In the Housing Court in Bronx and Kings Counties, facsimile machines in attorney rooms and their upkeep are paid for by the attorneys. 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. Or click on a 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. Their leasehold is their only property right. 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. 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. The HRA Difference Faculty & Staff Directory Lower School Faculty Middle School Faculty Upper School Faculty Non-Teaching Staff All Faculty & Staff Dedicated Faculty and Staff Hampton Early in the proceedings, the judge had sent a court resource assistant to the apartment to conduct an inspection. 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). Conferees examined the Courts role in responding not only to the legal questions that come before it, such as housing conditions, holdovers and non-payment of rent, but also to the myriad social and financial problems that underlie many Housing Court casesproblems that if unaddressed can and do lead to homelessness. 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 HRA permits nonprofit organizations, associations and corporations to solicit donations for charitable purposes in New York City. 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. 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. Information About Parents or Spouses Not Living in the Household (MAP-2097V): If you are unable to submit payment because of health issues related to COVID-19, such as quarantine or hospitalization, you can attest that you either have the money or the bills to satisfy your surplus and are unable to submit them due to COVID-19 by calling the Surplus Hotline at 929-221-0835. Read the 2021 Commission on Community Reinvestment and the Closure of Rikers Island Report. Ct. N.Y. Co.); Hotel Preservation v. Byrne, Mar. Issues in Case (brief description such as: owes rent, repairs, right to apartment, nuisance behavior etc. However, the Task Force believes that implementation of these procedures will substantially improve access to justice for litigants with diminished capacity. 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. 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]. available GALs and, in turn, will increase access to justice in Housing Court. She has served as a guardian ad litem six times before. You or your authorized representative can also apply at any local Medicaid office within New York City. Clients whose citizenship status is not verified through data sources will also be given an opportunity to submit the documents later. The landlord also paid him damages, a portion of which he used to purchase a new bed. A certified social worker should be assigned to each of the five boroughs to streamline the assessment process and ensure that each litigant who requires an assessment receives it in Court on the day of the litigants appearance. Dedicated Faculty and Staff. Call the HRA Medicaid Helpline at 888-692-6116 for more information. 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. 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. 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. There are many frail and fragile people who live in New York City. Ms. Brandner met with his psychiatrist at. She was able to resolve a dispute with the landlord. Gary P. Jenkins was appointed by Mayor Eric Adams as the Commissioner of the New York City Department of Social Services (DSS), which oversees both the Human Resources She says of this experience, It gave me an opportunity to interact with a client and to immediately see the beneficial results of my efforts. It is also the Task Forces understanding that the OCA Division of Technology has made Housing Court calendar information available on the New York State Unified Court System E-Courts web page (https://iapps.courts.state.ny.us/caseTrac/jsp/ecourt.htm). 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. Civil Court currently has a request pending for the hiring of one social worker under the OCA budget. Please let me know when I can expect to receive a response, or if further clarification is needed. For her work as a guardian ad litem, Ms. Blakeman received, not a legal fee, but a mothers day card from her ward. 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. Visit our Disability Access page for more information. 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. 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. GAL Case Summary forms should not be placed in the court file unless the file is made a sealed record. 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. MFY Legal Services, Inc. is willing to oversee the creation of the training video/DVD to be used by private bar attorneys working with legal services providers throughout the City. 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 work should be credited as, work. 2007 WL 58197, N.Y.L.J., March 2, 2007, 29:1 (N Y.Sup.App.Term 1st Dept.). Here are examples of actual cases undertaken by lawyers on a pro bono basis through service as a guardian ad litem. For Lisa E. Cleary, a litigator and partner at Patterson, Belknap, being a guardian ad litem was a life-transforming event. Site ID For HRA Partner Organizations 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. Ms. Zelhof of MFY Legal Services emphasizes the extreme vulnerability of persons with diminished capacity. 2022 All Rights Reserved, NYC is a trademark and service mark of the City of New York, Serving New Yorkers with Care & Compassion, Interagency Memoranda of Understanding (MOUs), Read the 2021 Commission on Community Reinvestment and the Closure of Rikers Island Report, Read the 2022 Mayoral Response to Recommendations from the Commission on Community Reinvestment and the Closure of Rikers Island, Read the DSS COVID-19 Return to Office Plan 2021. litigants with procedural information. Dean is executive director of Volunteers of Legal Service. Recognizing that the preeminent challenge facing Americas legal system is to ensure universal access to justice, conference participants focused extensively on the challenges of making that access a reality in a court in which the overwhelming majority of cases involve, After the Conference, NYCLA issued a Report (available on the NYCLA website at, http://www.nycla.org/siteFiles/Publications/Publicationsl, 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. party is opposed by a represented party. First, at the present time, the Court-approved GAL training is offered only once every six months and requires attendance in downtown Manhattan from 9 a.m. to. When requesting your own records or requesting information on anothers behalf**, the request must be submitted along with a signed authorization form. 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. ). 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 To the extent that these options cost money, such cost can be offset by charging a nominal fee. 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. HRA permits nonprofit organizations, associations and corporations to solicit donations for charitable purposes in New York City.HRA administers Public Solicitation Licenses for event producers interested in soliciting for services, products, or charities at their event. Tell an HRA Worker or call us at 718-557-1399. myBenefits Live outside of NYC? Some elderly New Yorkers find it difficult to manage their own affairs. A listing of every officer and/or employee of the agency, including name, office address, title and salary. NEW YORK COUNTY LAWYERS ASSOCIATION state. After the judge ordered the landlord to fix these conditions, the guardian ad litem and MFY lawyer together coordinated the extensive repair project with the client and contractor to ensure that the client could safely remain in her apartment while the repairs were being made. Jonathan Haragold Principal. 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. 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. IDNYC IDNYC is the free identification card for all New York City residents. Index Number: ________________________________, Case Name: ___________________________v.__________________________, GAL Contact Information: Name:_____________________________, Income and savings (Social Security, SSI, public assistance, etc. Nicole M. Zeiss is an antitrust and securities lawyer at Labaton Sucharow & Rudoff. However, until recently the Court Terminals did not permit access to the information available from the Department of Housing Preservation and Development (HPD). The opinion affirms that GALs who do not accept a fee for their service are volunteers participating in a state-sponsored volunteer program. Lukes and met with his parents. By calling HRAs Staff Emergency phone number at (718) 246-7659 you will be given general Agency information. 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. GALs should be entitled to immunity or indemnification with respect to their service. The City leverages shared services functions across agencies, which results in better daytoday management and building an integrated mission across agencies. Disability Determination Request (MAP-3177). In addition to the recommendations below designed to increase the role of private attorneys in the GAL program, it is important to make efforts to increase participation among non-attorneys who take part in the certification program and are willing to serve as GALs. This application must be completed and returned by mail, In-person at the new address below, by email at BurialServices@hra.nyc.gov, or by fax at (917) 639-0476. Single Site/Congregate Supportive Housing: 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. HRA should participate in Guardian Ad Litem training programs. 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. 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. If you are submitting a request for Medicaid or other benefit information, please fill out and submit the OCA-960 Authorization for Release of Health Information Pursuant to HIPAA or other HIPAA-compliant form. 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. 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.. 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. 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. many cases unless both sides, not just those who can afford it, are represented by lawyers. 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 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. The Court should incorporate these procedures and best practices into its system of judicial training. HRA has earned award-winning academic, athletic and arts designations since its founding more than 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. View HRA's Interactive Guide to Services. The Task Force believes that giving attorneys internet access to relevant websites, such as the HPD website, would aid them in the prosecution and defense of cases and, as a result, improve efficiency. Human Resources Administration / Department of Social Services 2015 All Rights Reserved, NYC is a trademark and service mark of the City of New York, Human Resources Administration / Department of Social Services, DSS Office of the First Deputy Commissioner, HRA Office of Employment & Support Services Administration, DSS Offices of Diversity, Equity & Inclusion and Equal Employment Opportunity, HRA Office of Homelessness Prevention Administration (HPA), DSS Office of Program Performance & Financial Management, DSS Office of Information Technology Services. 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. Ms. G. denied owing any back rent. 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. Burial Allowance Application M-860W 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. Recognizing that the preeminent challenge facing Americas legal system is to ensure universal access to justice, conference participants focused extensively on the challenges of making that access a reality in a court in which the overwhelming majority of cases involve pro se parties. , including name, office address, title and salary an antitrust and securities lawyer at Sucharow! Hiring of one social worker under the OCA budget judicial training Belknap, a. Not be placed in the Housing Court Summary forms should not be placed in the Civil Court not... 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