THE LEGAL AID SOCIETY OF NORTHEASTERN NEW YORK provides civil legal services to those who cannot afford them. Expecting that Legal Aid was going to be inundated with cases, Brescia reached out to executive director Lillian Moy about increasing Albany Law School’s support.
Typically, up to five Albany Law students work with Legal Aid over the summer as interns or law clerks. This summer, Legal Aid took on 20 full-time interns from Albany Law to serve as law clerks and added a cadre of part-time positions to help with COVID-19–related research. They called the 36 students the COVID Response Corps.
The fact that the virus necessitated all work to be done virtually also presented opportunities, said Moy, such as utilizing more students as clerks working remotely. “This was an organized way to respond to the unprecedented challenges posed by the pandemic.”
When Brescia sent an email to the student body seeking applicants, the response was strong. “Students were eager for ways to get involved since COVID hit,” he said.
Columbia County has launched new initiatives to help residents affected by COVID with housing assistance.
The county Department of Social Services has partnered with St. Catherine’s Center for Children, Legal Aid Society of Northeastern New York and Columbia-Greene Continuum of Care to expand housing services and support. The initiatives are funded through a $253,000 grant from New York state through the Office of Temporary and Disability Assistance.
“The Legal Aid Society is providing legal support and St. Catherine’s is providing rapid rehousing services,” Hudson 3rd Ward Supervisor Michael Chameides said. “In general, it’s really traumatic when somebody loses their home and it can be really detrimental to their schooling and their education if they are in school. It can be very hard for them to keep their job if they have a job, it can be very hard for them to gain a new job. All the systems that we need people to be able to do, if they don’t have a stable house, it’s really bad.”
About 27.6% of residents in Columbia County rent their home, according to the 2019 state comptroller’s Housing Affordability report. The median rent in Columbia County is about $886 per month and the median renter’s income is about $34,632.
One of the many issues that have been highlighted and exacerbated by the COVID-19 pandemic is homelessness. It is an important reminder as we see many people who are dealing with unemployment and being on the brink of homelessness that there are resources available.
United Tenants of Albany provides emergency financial assistance grants to prevent homelessness. The information regarding these grants is available here. United Tenants of Albany provides financial assistance to tenants who are facing eviction and/or facing a utility shut off. In order to obtain assistance, tenants must be at risk of homelessness and/or eviction. UTA is restricted to provide financial assistance to tenants within Albany County and meet the income limits of 30-80% of the area median income. There is a list of eligible conditions, required documentation, and information about how one can request assistance by contacting United Tenants. The housing hotline phone number is 518-436-8997 ext. 3.
Another important resource is the Legal Aid Society of Northeastern New York. Legal Aid is able to provide legal assistance to those who cannot afford representation for housing issues that are civil, non-criminal cases.
Representing Victims of Domestic Violence in Family Court
Video Training (live training recorded on Nov. 15, 2019)
Sponsored by: THE DOMESTIC VIOLENCE LEGAL TRAINING COALITION (The Legal Project; Empire Justice Center; Legal Aid Society of Northeastern New York; Albany Law School Domestic Violence Clinic)
6 1/2 HOURS OF TRANSITIONAL CLE CREDIT, including 1 hr ethics and 1 hr diversity*
Dynamics of Domestic Violence & Safety Planning: Wendi Gapczynski, DVHRT/Outreach and Education Coordinator, YWCA Northeastern NY
Family Offense Basics: Joanna Davis, Esq., Staff Attorney, Legal Aid Society of Northeastern New York
Custody and Visitation Overview: Susan Pattenaude, Esq., Policy and Pro Bono Director, The Legal Project
Client Interviewing: Live Demonstration Moderated by Susan Pattenaude, Esq., The Legal Project
*You must watch all four sections to be eligible for CLE credit. No partial credit will be given.
THE VIDEOS ARE AVAILABLE TO WATCH AT YOUR CONVENIENCE: HOWEVER, YOU MUST PRE-REGISTER.
This training is free for:
Attorneys willing to accept at least two pro bono cases annually from The Legal Aid Society of Northeastern New York or The Legal Project. (The Legal Project needs volunteers in Albany, Rensselaer, Saratoga and Schenectady Counties; The Legal Aid Society needs volunteers in those counties as well as Columbia, Greene, Clinton, Montgomery, Fulton and Schoharie Counties.)
Attorneys who have already taken this training but would like a refresher (please note: if you have taken it already, you will not be eligible to receive CLE’s again).
To Register, please email Susan Pattenaude at [email protected] or call Susan at (518) 435-1770. Please include your name, employer, address, telephone and email. Upon registration, you will receive further information about accessing the videos.
While the training is comprehensive, staff attorneys will be available to answer any questions you may have upon completion of the training.
As students begin the new school year, some may qualify for additional help. Section 504 of the federal Rehabilitation Act protects children with disabilities. Programs which receive federal funds must not discriminate against such children. They must not deny such children the right to participate in or receive benefits from those programs. Since all public schools and most private schools receive federal assistance, they must follow this law.
To qualify under section 504, a child must have a disability which substantially limits one or more major life activities. The disability could be a mental or physical condition. Major life activities include personal care, walking, seeing, hearing, speaking, breathing, learning, and working.
Some students with disabilities may be eligible for special education under an Individualized Education Program (IEP). A student with disabilities who does not qualify for an IEP may be eligible for a “504 Plan.” A parent or teacher may refer a child if they think the child’s disability is affecting access to school programs.
If you’re worried about getting evicted during the pandemic, you’re not alone. Despite a patchwork of state and federal moratoria, many renters are still facing the threat of losing their home.
For that reason, “moratorium” is a misnomer, according to Tara Glynn, a housing attorney with the Legal Aid Society of Northeastern New York and the only low-income housing attorney covering Clinton, Franklin, Essex and Hamilton Counties.
In March, New York State issued what Glynn considered a widespread, blanket ban on evictions. Courts closed, landlords could not file eviction claims, judges wouldn’t hear cases, sheriffs couldn’t execute warrants. However, that widespread moratorium expired in June. Since then, New York State issued the Tenant Safe Harbor Act and the Centers for Disease Control and Prevention issued a federal halt for people who lost work during the pandemic and don’t have other good housing options.
Some tenant advocates say Governor Andrew Cuomo’s latest executive order extending the residential eviction moratorium until January 1, 2021 doesn’t go far enough.
In March, Governor Cuomo put out his first residential eviction moratorium executive order. In June, he signed the Tenant Safe Harbor Act, which protects renters who have experienced financial hardship during the COVID-19 State of Emergency from eviction. His latest executive order expands the protections of that law through the end of the year. But some tenant advocates say there’s been confusion.
“We’ve seen that across the state landlords are moving forward with serving notices of eviction giving tenants two weeks to contest the case or be evicted. And since the tenants don’t understand what they need to do in order to contest the case, my guess is that a lot of people are going to get evicted who might have been covered by the executive order,” said Ellen Davidson with the Legal Aid Society.
Another issue is that in some cases rent payments are adding up.
“When we have people that are calling us, you know, it used to be two or three months of rent due, and now it’s four or five six months of rent, so it makes it a lot harder for cases to, you know, be favorably resolved, because there hasn’t been any rental assistance that’s come through, which is really what’s needed,” said Robert Romaker with the Legal Aid Society of Northeastern New York.
On Monday, Sept. 21, Chief Judge Janet DiFiore held her annual statewide public hearing evaluating civil legal services in New York City. This year, she focused on the civil justice crisis that has become prevalent due to COVID-19.
Judge DiFiore invited presenters to speak about the civil service needs of New Yorkers. Bridging this justice gap will be absolutely essential for low-income New Yorkers when needing counsel in civil cases. The Permanent Commission on Access to Justice, established in 2015 by DiFiore, works to provide New Yorkers with legal services regardless of their background or economic status. The Commission was constructed in order to make sure the missions of the Task Force to Expand Access to Civil Legal Services in New York, established in 2010 by then-Chief Judge Jonathan Lippman, became permanent.
At the beginning of the hearing, the Chief Judge thanked presenters who chose to speak. “When we hear from our presenters and clients, be mindful that there are literally tens of thousands of New Yorkers who are facing eviction, foreclosure, unemployment, consumer debt, bankruptcy, the fallout from domestic violence, poverty and other serious issues,” Judge Fiore said. “We are particularly grateful today to the clients coming forward to present. It is not always easy to come forward and present your story.”
The New York State Bar Association recognizes that the coronavirus pandemic has caused significant financial shortfalls at all levels of government. But, we nevertheless are deeply concerned about the state’s inordinate delays in paying over $15 million owed under its contractual obligations to legal service providers for services already rendered.
Lawyers are legally required to maintain an Interest on Lawyer Account (IOLA) to hold clients’ escrow deposits. Interest on these statutorily created bank accounts is used to support legal services organizations that provide essential services for low-income New Yorkers. The funds are one of the most tangible ways by which our members support access to justice.
Yet payment of these IOLA funds has been withheld since late January 2020, which is hampering legal services organizations’ ability to provide much-needed assistance to low-income communities hardest hit by the pandemic. The full payment for work performed under IOLA contracts must be released as expeditiously as possible.
IOLA contracts run on a two-year cycle, which means that the Request for Applications (RFA) would normally be released at this time for the contract cycle beginning in 2021. Any delay in the release of the RFA and contracting could have dire consequences on the ability of legal aid providers to continue their work in the coming year.
Additionally, longstanding contracts that fund legal aid throughout state agencies for the current fiscal year need to be executed. While contract renewal has always been slow, COVID-19 is causing new delays in payment on prior year vouchers. Further contracting delay will cause uncertainty and a loss of services to the very communities suffering most during this pandemic, and also makes it very difficult to retain knowledgeable staff.
For services already rendered, it is also critical that no retroactive cuts are imposed. Legal service providers do not have the resources to make up for the deficiency in sta salaries and benefits should these reductions occur. Cuts will lead to staff layoffs, loss of expertise and a further reduction in essential services for communities most in need.
COVID-19 is putting unprecedented stress on our most vulnerable communities. In the face of high unemployment and greater difficulty accessing the legal system, they need free legal help more than ever before. Stable funding for civil legal service providers is the smartest way to leverage limited state resources while meeting high demands in these communities. This also enables the providers to offer essential support to pro bono attorneys eager to make a difference.
I urge Gov. Andrew M. Cuomo and the New York State Division of the Budget to honor the state’s contractual obligation and commitment to access to justice and do everything possible to minimize disruption in essential legal services related to housing, healthcare, safety net assistance, and more for all low-income New Yorkers.
Just as COVID-19 disproportionately impacts the health of the poor and minorities, so too it is giving rise to an unprecedented demand for legal services by those who cannot afford to pay for an attorney. These individuals require legal assistance for an ever-growing range of matters and disputes, at a moment in time when they (along with the rest of society) grieve over the death and despair caused by the crisis.
In response to this enormous challenge, the courts, organized bar and legal services organizations have acted swiftly and comprehensively. For example, the New York State Bar Association (“NYSBA”) is working in partnership with the state’s Unified Court System, the Governor’s office, and legal service providers to ensure increased demand for legal services, especially among the poor and minorities, can be met as New York recovers. To this end, NYSBA has developed a statewide pro network of volunteer attorneys to meet the demand in those areas where the greatest surge in new cases is anticipated.
Currently, demand for legal help on unemployment-related issues has been an acute area of need. Many are daunted by the process and have turned to civil legal aid and pro bono attorneys for guidance. Some organizations have seen about three hundred percent or higher increase in volume covering a wide range of unemployment benefits issues. Common issues are eligibility determination and appealing denials.
The number of jobless workers has swelled during the pandemic to levels not seen since the Great Depression. Many people are already confused about how to access the myriad of state and federal public benefits, including stimulus monies, and interpret moratoriums that are essential to their shelter, health and well-being.
To address this need, NYSBA has established a program that matches volunteer pro bono attorneys with persons whose unemployment claims have been denied, through an innovative website. A similar program is being stood up to provide pro bono assistance for the families of those who lost loved ones, in small Surrogate Courts and estate matters. Nearly 1,000 attorneys have volunteered their time and expertise to these initiatives.
Of course, civil legal aid is the backbone and most critical component of New York’s efforts to provide justice for all. New York’s legal service providers’ budgets are based on as much as 70% of state funds to provide free services to low-income New Yorkers. Before the pandemic, these legal aid organizations were already unable to serve 61% of low-income New Yorkers who needed their assistance. As the fallout from the COVID-19 unfolds, we anticipate that the gap between those that need legal help, and those that can afford it, will dramatically increase.
Increased efficiency alone will be not be enough. With a projected $61 billion revenue shortage through 2024, New York needs the federal government to do its part in helping states recover by providing stimulus funding.
Even before the pandemic, legal services programs for low-income New Yorkers were stretched to the brink, where less than half the needs could be met. Post pandemic, any proposed cuts to these programs will disproportionately affect people in low-income communities holding high risk positions in health care, grocery stores, cleaning and delivery. Many of these people have gotten sick, lost their jobs or don’t make enough to support their families. When legal proceedings surge against frontline workers, New York state must ensure that their basic civil legal needs can be met.
Henry M. Greenberg, past president of the New York State Bar Association
Lillian Moy, executive director of the Legal Aid Society of Northeastern New York
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