Nicole M. Zeiss is an antitrust and securities lawyer at Labaton Sucharow & Rudoff. The judge should insure that all claims and defenses are addressed in the stipulation following the guidelines set forth in the Advisory Notice on A1locuting Stipulations (AN-10/26/2006) and that the GAL has taken all the steps listed above. Excess resources cases will be extended for 6 months. 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. (718) 557-1399 (phone) Website. Through integrated management for HRA and DHS, client services can be provided more seamlessly and effectively. For these reasons, among others, there is good reason why a day-long training is not necessary for attorneys. Participants in the MBI-WPD program don't have to pay a spenddown. (HRA DSS). HRA accepts applications from residents who are age 65 or over, persons of any age who are living with a disability or blindness, persons who are in receipt of Medicare and are not a parent or caretaker relative of minor children, and former foster young adults under age 26. He was taken from the streets to St. Lukes Hospital. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. citizens, whether rich, poor, or something in between. In light of concerns regarding recent actions on behalf of Housing Court Guardians Ad Litem that have adversely affected the interests of their court appointed respondent/ petitioner, the following policy is being implemented. Name of Judge and date Judge approved stipulation: __________________________, Copyright 2023 New York County Lawyers Association. In making its decision as to whether to enter into an MOU, DHCR would take into consideration the purpose of the access (in this case, to provide information to the judiciary that would aid in properly resolving litigation), other public policy concerns and the confidentiality provisions recited above. HRA's Medical Assistance Program can help New Yorkers who qualify enroll in public health insurance programs like Medicaid. For those members of the Task Force who are also members of the judiciary or employed by government agencies or other organizations, their participation in this project should not be understood as constituting any official endorsement of the conclusions or recommendations in the report. 2007 WL 58197, N.Y.L.J., March 2, 2007, 29:1 (N Y.Sup.App.Term 1st Dept.). Students are taught by 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. Guardians Ad Litem are mandated to complete a, form CIV-LT-57 (2000) for each case where they are the appointed. The judge before whom the matter was tried dismissed the landlords petition. Call the HRA Medicaid Helpline at 1-888-692-6116 for more information or visit a Medicaid Office to apply. She has served as a guardian ad litem six times before. 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. 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. In making these suggestions, the Task Force recognizes that the Housing Court has explored improving the use and accessibility of technology in the past, and is firmly committed to making improvements to the system wherever possible. Dean is executive director of Volunteers of Legal Service. Yes No. HRA permits nonprofit organizations, associations and corporations to solicit donations for charitable purposes in New York City. In the event that the Judge requires the submission of the. 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. Ms. McCabe liked the emphasis on problem-solving that her work as a guardian ad litem entailed. However, currently this website cannot be accessed by litigants using the Court Terminals, and there is no direct link to this website on the New York City Housing Court website (http: //www.courts. MuckRock is a non-profit collaborative news site that gives you the tools to keep our government transparent and accountable. (See New York City Civil Court Act 110.). Single Site/Congregate Supportive Housing: New York City Department of Housing Preservation and Development, and New York State Division of Housing and Community Renewal, Emergency on-site rent arrears grant assessments, Computerized case-status information/printouts, Referrals to HRA Job Centers and other HRA and non-HRA. 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. 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. 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. The court appointed a guardian ad litem to assist her. form or may query the GAL on the record. To the extent that these options cost money, such cost can be offset by charging a nominal fee. This elderly gentleman would have become another homeless statistic, but for the intervention of MFY Legal Services and caring social workers. 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. 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 5 p.m. on the training date. 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. 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 Ct. NY Co.); New York Life v. HRA should participate in Guardian Ad Litem training programs. DSS is comprised of the administrative units of HRA and the Department of Homeless Services (DHS). Since May 2013 the NYC Medicaid Office has been located at 785 Atlantic Ave., Brooklyn, NY 11238. HRA Center Locations. In addition to being poor, they often are alone in the world. Available to Pro Users. Not only has equality before the law remained merely a matter of charity in the United States, but that, charity has proved woefully inadequate. 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. Justice Fern Fisher advised that the Court and individual Judges already had extensive online access to information maintained by HPD and DOB through their websites. I look forward to receiving your response to this request within 5 business days, as the statute requires. 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. 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. The members of the Task Force and of its Subcommittees served in their individual capacities. (D). ), Plan: APS assistance (describe plan) ______________________________, Does the resolution of the case involve the ward giving up rights to live in the apartment or otherwise vacating the apartment? Issues in Case (brief description such as: owes rent, repairs, right to apartment, nuisance behavior etc. 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. 27 at 5 (Civ. Failure to vacate the default judgement maybe reversible error. Such information, including the available subject matter list can be made available if you are interested. 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. Each and every stipulation recommended by a GAL should be reviewed by the Judge, A Judge should insure that stipulations recommended by GALs. HRA is the lead agency for procuring all of the NYC 15/15 social services contracts and will be the referral source for all NYC 15/15 tenant placements. Ct. N.Y. Co.); Hotel Preservation v. Byrne, Mar. We are committed to enhancing the quality of life for all New Yorkers through the effective administration of a wide range of programs. Jonathan Haragold Principal. Clients can also use the MAP-751K form below to make this change and fax it to 917-639-0837. 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. Index Number: ________________________________, Case Name: ___________________________v.__________________________, GAL Contact Information: Name:_____________________________, Income and savings (Social Security, SSI, public assistance, etc. Please also provide the relevant time period for the requested records, and the particular benefit type associated with the requested records. 05158 (June 29, 2006), raises serious questions as to whether individuals serving as GALs will be entitled to indemnification from the State. Ms. Brown and the MFY lawyer divided tasks, with Ms. Brown working with the treating psychiatrist; with social workers to provide post-hospitalization community support services; and with the womans family. Through her efforts as guardian, and the work of an MFY lawyer, the man was restored to his room by a judge and his possessions returned to him. 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. I write in response to you four FOIL requests dated December 19, 2014 which were received by my office on December 29, 2014 seeking: 1. 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. The Latest News, Resources and Media from the New York County Lawyers Association. the human resources administration (hra) is responsible for, among other things, providing temporary assistance and work support to new yorkers in need through a variety of programs such as temporary cash assistance, medicare, food stamps, career services, home health care, child care, adult protective services, assistance to victims of domestic Generally, this $600 fee does not adequately compensate a GAL for his/her service, based on the actual amount of time and level of work involved. 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. Clients will be given an opportunity to submit the documents later. The City leverages shared services functions across agencies, which results in better daytoday management and building an integrated mission across agencies. 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. 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 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. 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. available GALs and, in turn, will increase access to justice in Housing Court. The Department of Social Services (DSS) is comprised of the administrative units of the NYC Human Resources Administration (HRA) and the Department of Homeless Services (DHS). ), Other Documents/Reports (please specify):____________________, Met with litigant with diminished capacity (indicate dates):________________________, Litigants attorney ________________________, Litigants family members _________________________, ___________________________________________________________________, Contact welfare agency for reinstatement of benefits, Contact welfare agency for Emergency One-Shot grant, Relocation: ______________________________________________, Other: __________________________________________________, Comments: ____________________________________________________________, _____________________________________________________________, If yes, explain why ___________________________________________________________, Nonpayment settled without judgment and warrant, Other (describe) ________________________________________, By: _______________________________________________________. 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