October 13, 2020
LET’S REBUILD LONG ISLAND COMMUNITIES TOGETHER.
EVICTION ACTIONS MAY PROCEED

The New York courts suspended eviction proceedings as a result of the pandemic in March 2020.  While the courts have accepted new filings from landlords since June 2020, new proceedings commenced after March 2020 were suspended throughout the summer and early fall. That suspension is now over. Starting October 12, 2020, the New York courts began allowing all landlord-tenant proceedings to resume, but “with important caveats” based on federal and state emergency relief orders. These include, among others, (1) the Tenant Safe Harbor Act, which provides a defense to tenants who experienced a financial hardship as a result of the pandemic; (2) Executive Order 202.66, which extends the protections of the Safe Harbor Act to additional tenants; (3) the CDC eviction moratorium; and (4) Executive Order 202.67, which extends the deadline to answer an eviction petition. 

Tenants served with an eviction petition should contact Nassau Suffolk Law Services to see if they are eligible for free assistance. An FAQ for tenants on the status of eviction proceedings is available on our website. 
MARK YOUR
CALENDARS!



OCTOBER 16, 2020
Free NSLS Webinar


OCTOBER 20, 2020
Free Family Service League Webinar featuring NSLS Staff Attorney


OCTOBER 27, 2020
Deadline to Request Absentee Ballot


OCTOBER 31, 2020
Census Deadline


NOVEMBER 3, 2020
Election Day


NOVEMBER 21, 2020
Deadline to register for Economic Impact Payment


JANUARY 4, 2021
Nassau Property Tax Exemption Deadline
Navigating the Uncertain Financial Future with Clients
Friday, October 16, 12:00-1:30 pm

Working with clients that are financially struggling can be challenging for everybody involved, especially when considering the unknown that lies ahead for your client and their family. Financial attorney, Leslie Tayne, can discuss how to identify signs that your client is having financial troubles, resources for assistance for individuals and small businesses, concerns for financial liability post-death or disability and the ethical obligation involved in the processes.

In collaboration with NSLS Advisory Council Member, Leslie Tayne, Esq.

Please register. Attendance is limited to the first 100 registrants. Please contact Vivian Storm at 631-232-2400 or vstorm@nsls.legal with any questions.
Adult Care Facilities In New York State
Family Service League
Caregiver Support Program Training
Tuesday, October 20, 2020, 10:00 am–11:30 am

Learn the differences between Assisted Living Residences and Programs; Enhanced Housing and Adult Homes. Presented by Erika S. Verrill, Esq of Nassau Suffolk Law Services Adult Home Unit.

Click for registration information and additional Family Service League trainings.
MISLEADING SALES PRACTICES LEAD TO CAR LOAN FIASCOS
Purchasing a car can be exciting. But, car dealerships do not always do the right thing for their customers, and people can end up with little recourse even when a dealership's unlawful sales practices are well-documented. Nassau Suffolk Law Services' Consumer Defense Unit helps low-income families facing debt collection actions stemming from such misleading sales tactics. Consumer Debt Unit Staff Attorney Sharon Campo recently assisted two of her clients in achieving a happy ending to their car loan fiascos.
Misrepresentations and Fraud Result in Repossession

Client H was about to have a baby and needed a bigger car to accommodate her growing family. H went to a South Shore car dealership but was denied financing. Later the same day, a salesman called H and told her he had gotten financing approval on a different car. H told the salesman that she could only afford the same monthly payment as her current car, about $400 per month. The salesman assured H that the monthly payment of over $650 per month would only be in effect for the first six months and would be reduced at the end of this introductory period.

Based on that representation and desperate for a bigger car, H bought the car. After six months of making payments, H requested the promised lower monthly payment. However, the dealership told her to call back again in another six months. H waited again, only to be told again to call back later.

After one year of making unaffordable monthly payments on top of car repair bills, H could not afford the car anymore. Eventually, the car was repossessed and sold at auction.

The financing company still held H responsible for the amount owed minus the amount received at auction: nearly $20,000. The financing company sold the debt to a debt buyer who then sued H in Suffolk County Supreme Court. H tried defending herself pro se before finding NSLS.

Staff Attorney Campo reviewed the car loan documents Plaintiff gave H. Campo found that in addition to the dealership's misrepresentations about the monthly payments being lowered, the dealership also added on an extended warranty to the financing agreement without H’s knowledge. Further, the dealership lied to the financing company about H’s income, more than doubling the amount she had reported to the dealership.

Campo discovered that the dealership was one of many Long Island dealerships that settled with the New York State Attorney General for using misleading sales tactics like those H experienced. Campo filed a motion to amend H’s answer asserting numerous violations of the Truth in Lending Act, New York General Business Law, Uniform Commercial Code, and, of course, the settlement with the Attorney General.

Faced with the pending motion, Plaintiff agreed to discontinue the action. 
Hidden Fees and Contract Switcheroo Threaten to Derail Path Back to Financial Stability

The second client, W, came to Campo after losing her job. W was unable to keep up with her car payments, and while the car had not been repossessed, she was being sued by the lender for nearly $25,000. W had the potential to earn significant income to pay for the car once reemployed, but she needed time to get back on her feet.

Campo reviewed the car loan documents and discovered that the financing company charged repossession fees even though there had been no repossession. It had charged other miscellaneous fees without any explanation whatsoever. Additionally, the New Jersey-based dealership had potentially violated federal and New Jersey state consumer laws in a number of ways:
  • The dealership failed to provide W a full and complete copy of the contract;
  • It asked W to sign a contract and then told her to come in a second time weeks later claiming she needed to sign a new contract because her financing was not approved previously;
  • It charged fees that were not itemized; and
  • It charged fees for the license and registration even though W paid for those fees out of pocket when registering the vehicle in New York.

After Campo raised the multiple improper fees to Plaintiff's counsel, they agreed to settle for a significantly reduced balance on a 48-month payment plan that allowed W to keep the vehicle. 
LET’S REBUILD LONG ISLAND COMMUNITIES TOGETHER.
SUPPORT NASSAU SUFFOLK LAW SERVICES AND OUR MISSION: ALL ROADS LEAD TO JUSTICE
2020 COMMITMENT TO JUSTICE CAMPAIGN

LET’S REBUILD LONG ISLAND COMMUNITIES TOGETHER.

The COVID-19 pandemic has created a severe financial crisis for many Long Islanders. Civil legal services are essential to making sure our neighbors have access to justice in cases affecting their basic needs--shelter, food, education and health care -- as well as COVID-19 related legal issues. Walk the path of justice with us by symbolically adopting/ honoring a NSLS Unit so we can continue to “Do What’s Legally Possible to Create a Just World.” Your donation will support the critical civil legal services Long Island communities need to thrive again. Thank you for making a difference in the lives of Long Island’s most vulnerable residents.

SYMBOLIC ADOPTION/HONOR LEVELS
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NASSAU SUFFOLK LAW SERVICES
631 232-2400 | 516 292-8100 | 631 369-1112