ADVOCACY TIPS FOR THE 2022 NEW YEAR
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ONE
Update! The OTDA ERAP portal is only open to residents of counties/towns who have not spent their allocated ERAP funds. Suffolk and Nassau County residents are still eligible to apply with the exception of the Towns of Brookhaven and Babylon residents. Town of Islip, Hempstead, and Oyster Bay have a separate portal where residents can apply. Please note, households in any part of the state with income over 80 percent and up to 120 percent of area median income can still apply for state-funded emergency rental assistance. Do not delay! Apply for ERAP today! Although the eviction moratorium has been extended in New York until January 15, 2021, Long Island residents with rental and utility arrears should apply now for assistance before the funds run out. If you receive a decision on your ERAP application that you disagree with, make sure to appeal within thirty (30) days by calling 844-691-7368 or filling out the online form linked here. To apply and determine eligibility, visit the OTDA website here.
Residents of Hempstead
Residents of Islip
Residents of Oyster Bay
Other Long Islander Towns
Both our Nassau and Suffolk offices assist eligible tenants with housing legal issues, including eviction proceedings. Suffolk residents can call 631-232-2400. Nassau residents can call 516-292-8100.
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The January 2022 administration of the High School Regents Examination Program is cancelled due to the ongoing COVID–19 pandemic, State Education Commissioner Betty A. Rosa announced. This cancellation applies to all Regents Examinations that had been scheduled for the January 2022 Regents Examination period. No decisions have been made regarding the June and August 2022 administrations of Regents Examinations or any other State assessment programs.
Students who meet the following criteria may be awarded an exemption:
• Be currently enrolled in a course of study that would ordinarily culminate in the taking of a January 2022 Regents Examination and earn credit for such course of study by the end of the first semester of the 2021-22 school year; or
• Between September 1, 2021 and the end of the first semester of the 2021-22 school year, successfully complete a make-up program for the purpose of earning course credit; or
• Be preparing to take a required Regents Examination in order to graduate at the end of the first semester of the 2021-22 school year."
Nassau Suffolk Law Services' Education and Disability Rights Project (EDRP) represents students with disabilities between the ages of 5-21 in Special Education matters, including attendance at Committee on Special Education (CSE) meetings, Resolution Sessions and Impartial Hearings. In addition, the EDRP assists students in issues pertaining to residency and homelessness and helps adults with developmental disabilities to secure eligibility and services through the Office of People with Developmental Disabilities (OPWDD). Suffolk residents can call 631-232-2400. Nassau residents can call 516-292-8100.
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THREE
The New York Homeowner Assistance Fund (NYS HAF) is now accepting applications. The New York State Homeowner Assistance Fund is a federally funded program dedicated to assisting homeowners who are at risk of default, foreclosure, or displacement as a result of a financial hardship caused by the COVID-19 pandemic. Applications should be submitted as soon as possible as they are processed in the order in which they were received. To apply, go to https://www.nyhomeownerfund.org/ or call 1-844-77-NYHAF (1-844-776-9423). Nassau Suffolk Law Services assists eligible homeowners to prevent foreclosure, through loss mitigation options and/or legal challenges by providing: advice and counsel, limited assistance at settlement conferences, pro-se pleadings and motions, full representation, and possible appeals, and/or help with loan modification paperwork. Suffolk residents can call 631-232-2400. Nassau residents can call 516-292-8100.
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FOUR
On December 31st, 2021, Governor Kathy Hochul signed the Consumer Judgement Interest Act (S.5724A/A.6474A) to protect New Yorkers from excessive interest rate on money judgments arising out of consumer debt, including medical and student debt, by capping judgment interest rates to two (2) percent. Previously, the consumer debt judgment interest rates were nine (9) percent. The law will take effect in 120 days from 12/31/21 and will apply to all money judgments arising from consumer debt, including judgments that are not yet fully paid and satisfied as of the effective date of the act. If a resident receives a Summons and Complaint on a consumer matter, it is important to seek legal advice or go to court as soon as possible. A judgment cannot be received by a creditor unless the creditor goes to court and sues a debtor. If a judgment is received, the judgment creditor is entitled to garnish wages of, freeze the bank account of, or put a a lien on the property of a judgment debtor. Wages can only be garnished if the judgment debtor is earning more than $420/week after taxes. Bank accounts which contain only exempt funds, such as social security and unemployment, cannot be frozen. Bank accounts which contain less than $3360 cannot be frozen by a judgment creditor. Nassau Suffolk Law Services provides legal representation and advice to eligible Nassau and Suffolk residents experiencing consumer debt problems, especially in the matters of medical and credit card debt. Suffolk residents can call 631-232-2400. Nassau residents can call 516-292-8100.
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Potentially erroneous SSI denials being reviewed by the Social Security Administration (SSA). The SSA published a new Emergency Message, EM-20168, Instructions for Reopening and Reevaluating COVID-19 Disaster Assistance, on December 9, 2021. Access the message by clicking here. According to the Emergency Message (EM), SSA is now reopening hundreds of thousands of applications for Supplemental Security Income (SSI) benefits that they previously denied from March 2020 to the present because those decisions may have been erroneous. While some cases will be automatically reviewed, other cases will need to be brought to the agency’s attention in order to correct errors related to a person’s receipt of disaster assistance. Advocates assisting clients with denials can take proactive steps to identify potential cases and contact SSA to request a review. Nassau Suffolk Law Services' Disability Advocacy Project (DAP) assists disabled persons in appealing the initial denial of Supplemental Security Income (SSI) and Social Security Disability (SSD) applications. Eligibility for services is usually based on the receipt of Temporary Assistance (cash public assistance) from the Department of Social Services. Suffolk residents can call 631-232-2400. Nassau residents can call 516-292-8100.
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LSCA Power of Attorney Presentation
On December 3, 2021, NSLS Adult Care Facility Project staff attorney Erika Verill, gave a presentation regarding the Power of Attorney (POA). We looked at what the POA is, and what it is not; factors that the advocate should take into consideration when asked to assist in the execution of a POA; and finally, we looked at the new changes in NY General Obligations Law governing the Power of Attorney Form. This presentation is appropriate for attorneys and advocates alike. To access the presentation, please click here.
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Suffolk County ERAP Webinar
On January 5, 2022, Nassau Suffolk Law Services, Family Service League, Touro Law Center and OLA of Eastern Long Island collaborated with Riverhead Free Library and Suffolk County Government to provide information regarding the end of the eviction moratorium, the emergency rental assistance program, and legal issues facing both tenants and landlords. Staff Attorney Hannah Abrams presented information on legal issues facing tenants and Supervising Attorney for Volunteers and Community Projects, Sharon Campo, moderated the webinar. The webinar was geared towards the East End but is applicable for all of Suffolk County. To access the recording, please go the the Riverhead Free Library's Facebook page here.
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NSLS ATTORNEYS IN THE SUFFOLK LIBRARIES
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The Community Legal Help Project
Brentwood Public Library: Tuesdays 2-5pm
Middle Country Public Library, Selden Building: Thursdays 3-6pm
For more information, see the flyer here.
Tenant Legal Advice at Patchogue-Medford Public Library
Nassau/Suffolk Law Services will be at the Patchogue-Medford Public Library on Mondays from 2-5 pm to answer Town of Brookhaven Residents' tenant-related legal questions. To make an appointment, call the library at 631-654-4700 ext. 152.
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- Volunteer attorneys needed to assist pro bono clients with direct client representation in family, bankruptcy, matrimonial, and elder law
- Providing half hour legal consultations with our Suffolk County library project in matrimonial, family, immigration, consumer, landlord/tenant, and more
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- Law Student/Paralegal/Pre-law undergraduate internships
- Assist Law Services Staff with intake, case analysis, case referral, and recruitment of volunteer attorneys
- Nassau County Volunteer Landlord/Tenant Attorney for a Day
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Interested in Joining Us?
Nassau County- (516) 292-8100
Suffolk County- (631) 232-2400
Email- scampo@nsls.legal
Looking forward to your help!
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LET’S REBUILD LONG ISLAND COMMUNITIES TOGETHER
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We’re Long Islanders helping Long Islanders rebuild their communities and their lives as they sort through the myriad of civil life-changing legal issues created by the COVID-19 Pandemic and we need your support. Together we can make a difference.
OUR MISSION
NSLS is committed to helping people in need vindicate their rights under the law. We provide free legal services in thousands of civil cases each year as well as legal support to community advocates to ensure that low income, disabled and disadvantaged individuals have equal access to the civil justice system on Long Island.
JOIN OUR LOYAL SUPPORTERS AND DONATE TO LAW SERVICES
TO PROMOTE ACCESS TO JUSTICE.
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NASSAU SUFFOLK LAW SERVICES
631 232-2400 | 516 292-8100 | 631 369-1112
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