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). 27 at 5 (Civ. Her ward was a Vietnam veteran, now in his sixties. forms should not be placed in the court file unless the file is made a sealed record. REPORT ON RESOURCES IN THE HOUSING COURT. 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. 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. Do you need help with your application, recertification or other program requirements? To qualify you must meet all the following requirements: If you meet these requirements and receive Medicaid coverage with a monthly spenddown, you can still enroll in the MBIWPD program. I write in further response to your FOIL requests dated December 19, 2014 which were received by this office on December 29, 2014, seeking a copy of the current subject matter of all records in possession of the agency, a log of FOIL requests, and a listing of every officer and/or employee of the agency. You or your authorized representative can also apply at any local Medicaid office within New York City. To avoid a future nonpayment of rent proceeding, Ms. Blakeman helped to arrange for the landlord to receive rent payments directly. This Report was approved by the Board of Directors of the New York County Lawyers Association at its regular meeting on February 5, 2007. 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. Sale of Electronic Housing Court Data by OCA. In the event that the Judge requires the submission of the. 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. Task Force members expressed concern about the efficiency of APS in connection with GALs. 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 Task Force acknowledges that procedures set forth below do not address all conflicts that may arise between a GAL and a litigant. 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 With the advent of OCAs sale of this data, that advice might then result in a tenant becoming blacklisted. The sale of electronic Housing Court data to TSBs, without any restrictions or regulation by OCA, impedes tenants assertion of the warranty of habitability, and has a negative impact on preservation of the housing stock, a purpose for which Housing Court was established. 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. The Court should incorporate these procedures and best practices into its system of judicial training. Ct). HRA has earned award-winning academic, athletic and arts designations since its founding more than Clients can also use the MAP-751K form below to make this change and fax it to 917-639-0837. Failure to vacate the default judgement maybe reversible error. 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. Human Resources Administration / Department of Social Services 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. 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. It is important to listen to 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. Our work turns vision into action through rigorous analysis, strategy development, and implementation planning. If you have health insurance coverage through your employer, you should keep that insurance and reach out to HRA. 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 appointed a guardian ad litem to assist her. There are many frail and fragile people who live in New York City. Copies of documents that prove immigration/identity status should still be submitted. 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 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.). Excess resources cases will be extended for 6 months. New York County Lawyers Association Issues in Case (brief description such as: owes rent, repairs, right to apartment, nuisance behavior etc. If the requested information is provided, coverage will be extended for 6 months. Ms. Zelhof and colleagues wrote: Guardians ad litem and counsel for defendants perform different roles. Any default judgment entered in cases where a GAL has already been appointed should be entered only after the Judge is aware of the circumstances and the welfare of the incapable adult is considered. For these reasons, among others, there is good reason why a day-long training is not necessary for attorneys. All HRA sites are currently open. Since May 2013 the NYC Medicaid Office has been located at 785 Atlantic Ave., Brooklyn, NY 11238. In addition, Housing Court now has Resource Centers with Court staff who are available to provide pro se litigants with procedural information. The New York State Office of Court Administration (OCA) sells data about eviction cases brought in the New York City Housing Court to Tenant Screening Bureaus (TSB), which use the data to prepare tenant-screening reports that they sell to prospective landlords who want to determine if an applicant was sued by a prior landlord. 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. 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. Ct). Ms. Zelhof of MFY Legal Services emphasizes the extreme vulnerability of persons with diminished capacity. ), The ABAs Task Force on Access to Civil Justice, chaired by Howard H. Dana Jr., a Justice of the Maine Supreme Judicial Court, in its report invokes these words of U.S. Supreme Court Justice Wiley Rutledge: Equality before the law in a true democracy is a matter of right. 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. form or may query the GAL on the record. Read the 2022 Mayoral Response to Recommendations from the Commission on Community Reinvestment and the Closure of Rikers Island. The local law empowers the Commission to operate until 2027, engage stakeholders for public input, and issue periodic reinvestment recommendations and findings to which the Mayor is required to respond. 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. 2022 All Rights Reserved, NYC is a trademark and service mark of the City of New York, Serving New Yorkers with Care & Compassion. 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. 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. 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. Resource Coordination Subgroup members explored what additional coordination, if any, was required among the Housing Court and New York City Department of Housing Preservation and Development (HPD), New York City Department of Buildings (DOB) and New York State Division of Housing and Community Renewal (DHCR), in order to ensure that the Court can expeditiously obtain useful and relevant information to aid in the resolution of landlord-tenant and Housing Part proceedings. Judges may require the GAL to submit the GAL Case Summary form or may query the GAL on the record. Clients do not need to provide proof of their Medicare application; this requirement is waived for the period of the COVID-19 emergency. 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. Please be advised that materials responsive to your request are now available. This recommendation is made based on the following circumstances. Not only has equality before the law remained merely a matter of charity in the United States, but that, charity has proved woefully inadequate. 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. Nicole M. Zeiss is an antitrust and securities lawyer at Labaton Sucharow & Rudoff. Other consumers must apply to the NY State of Health at nystateofhealth.ny.gov or by calling 855-355-5777. If you are serving an out-of-state subpoena, please ensure that service is made an accordance with NY CPLR 3119. 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. who are also admitted attorneys are reviewed by the Judge in the same manner as stipulations recommended by non-attorney GALs. 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. The sale of Housing Court data should be ended. 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.. 25 at, 6 (Sup. In light of the potential volume of filings, any exploration of electronic filing using a private vendor should include a discussion concerning providing access free of charge to individuals without the economic means to pay for the service. Although there was substantial consensus on many of the recommendations, individual members of the Task Force may have views that differ from those presented in this report. (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 I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 31, 2014. During the COVID-19 Emergency, applications may be submitted via fax to 917-639-0732. She served as a guardian ad litem on behalf of a woman seeking post-eviction relief who had been hospitalized at the time of the court proceedings. Therefore, increasing private bar participation as, GALs is a way to increase the number of and overall quality of. 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. Learn more about HRA programs. To improve efficiency and access to justice for litigants in Housing Court, private law firms should be encouraged to serve as GALs. Janet L. Blakeman, a counsel in the personal planning group at Patterson, Belknap, served as a guardian ad litem to a young woman with cerebral palsy living in a rent-controlled apartment. In their capacity as guardians ad litem, lawyers can perform a critical role in assisting people in great need. 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. With no housing, they may end up in an adult home, or on the street. 12, 1999, NYU, pg 26 at 1 (AT 1st Dept. During this period, we have established an email address where DSS is now accepting service. Tell an HRA Worker or call us at 718-557-1399. myBenefits Live outside of NYC? 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. 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