Welcome to the January edition of our newsletter, Policy Matters. This month, we bring you our 2026 Policy Priorities, an update on our class action lawsuit, a report on our Crime Victims Legal Network program, and staff celebrations. Updates below!

2026 Policy Priorities and State of the State, and the Executive Budget

First, if you missed it, please see our 2026 Policy Priorities for our top budget priorities, as well as our response to Governor Hochul’s State of the State.

Governor Kathy Hochul presented the proposed New York State Executive Budget on January 20 – the first step towards the final budget, which is technically due April 1. Here are some highlights:

• Most concerningly, the Executive Budget did not include the full $102.5 million requested for the Interest on Lawyers Account (IOLA), a critical, non-taxpayer funding source for civil legal services for low-income New Yorkers. This money is generated through interest on attorney escrow accounts and is already held by IOLA for the sole purpose of supporting civil legal services statewide as prescribed in statute. If the requested amount is not appropriated, there will be significant cuts to providers who are moving into the second year of a five-year grant. We are advocating for an update in the Governor’s 30-day Amendments. You can read President and CEO Kristin Brown’s statement on behalf of the New York Legal Services Coalition and a recent article in the Queens Daily Eagle.

Show your support by signing on to our sign-on letter, DUE THURSDAY, FEBRUARY 5!

• The State of the State briefing materials noted that Governor Hochul will “issue direction to all state agencies to provide consistent, clarifying guidance to contractors on timing and eligible expenses for reimbursement,” but, disappointingly, there was no additional detail in the Executive Budget. New York nonprofits are struggling due to chronic delays and inconsistencies across state agencies. We will continue to urge Governor Hochul to overhaul the system to ensure nonprofit contractors are paid in a timely manner.

The good news:

• The budget included an increase for Judiciary Civil Legal Services through the Office of Court Administration’s Judiciary This increase comes as the result of several years of advocacy and a coordinated effort from the Permanent Commission on Access to Justice and the New York Legal Services Coalition. We will be working to ensure the full amount is included in the final budget.
• The Homeowner Protection Program (HOPP),which supports homeowners facing eviction, was fully funded at $40 million in the Executive Budget for the second year in a row and was announced as a key housing priority in Governor Hochul’s budget briefing. We are thrilled and grateful to the Governor, legislative champions, and advocates who work on this. We will be advocating for the final budget to include full funding and to establish the HOPP program in law (S.2627 Kavanagh/A.1625 Solages). The language to establish HOPP in law was included in both chamber’s one-house bills last year.
• The Executive Budget also increased funding to $6 million for the Education Debt Consumer Assistance Program(EDCAP), which provides free, unbiased assistance to student loan borrowers struggling to manage their debt. Amid increasingly limited repayment and relief options at the federal level, EDCAP’s services are more critical than ever for borrowers.
• We are also glad to see the governor is proposing a transition to chip Electronic Benefit Transfer (EBT) cards, which will help address known vulnerabilities to theft (or “skimming”) of food stamps (or SNAP) and other public benefits. It is crucial that the final budget includes reimbursement for those who have had their benefits stolen, through no fault of their own.

More work to do:

• The Disability Advocates Program (DAP) was funded at the same level as the last few years $5.26 million. DAP provides free legal assistance to individuals throughout New York State who need help appealing the wrongful denial or termination of their SSD or SSI disability benefits. There has not been an increase in several years and, especially given additional complications at the Social Security Administration, we are hearing from other grantees that the current level of funding is not sufficient to cover the time and labor necessary to properly sustain the program. We will continue to advocate for $7.5 million in the final budget, and for DAP to be included in the Office of Temporary and Disability Assistance’s Human Services Cost of Living Adjustment.
• The Managed Care Consumer Assistance Program (MCCAP) was funded at the same amount as previous years for $1.767 million and is in desperate need of increased funding to keep pace with the increasing demands of the program. We will be asking for an additional $1 million to help fully support MCCAP. This vital program provides Medicare beneficiaries, including seniors and people with disabilities, critical assistance in accessing Medicare and Medicaid benefits, while reducing health care costs.

As the legislative session progresses over the next few months, we will be hard at work with advocacy days and hearings. Be sure to check out our social media and future issues of Policy Matters as we provide updates!

New Court Ruling is a Victory for People Who Receive SNAP, Other Benefits

In a major victory for New Yorkers reliant on public benefits, in our class action lawsuit, Salem v. Guinn, Albany County Supreme Court Justice Sara W. McGinty ruled that the New York State Office of Temporary and Disability Assistance (OTDA) violated mandatory time periods for holding administrative fair hearings and unconstitutionally deprived public benefits recipients of due process. Fair hearings are administrative appeals where New Yorkers can contest their public benefit denials and reductions. The Court ruled that OTDA must immediately hold fair hearings for identified class members within legally-mandated timeframes, among other directions.

This decision is of critical importance to the thousands of class members who have waited months, and even years beyond the required timeframes to receive a fair hearing decision. There were more than 53,000 unresolved hearings regarding SNAP or Temporary Assistance benefits that were awaiting overdue decisions, including 15,797 hearings pending for more than a year, 6,511 pending for more than two years, and 2,084 pending for three years or longer (as of May 31, 2024).

Because OTDA has filed an appeal, the agency receives an “automatic stay,” which means that the decision will not be implemented until the appeal is decided by the Appellate Division, Third Department. OTDA has also filed a motion to re-argue, asking Justice McGinty to reconsider her decision. The motion to reargue is returnable on March 6, 2026.

Empire Justice is co-counseling this case with the National Center on Law and Economic Justice (NCLEJ). More information is available on our recent press release, and you can listen to our co-counsel, Saima Akhtar from NCLEJ talk about the case.

New Report Showcases Empire Justice Support for Crime Victims

Our 2022–2025 Crime Victims Legal Network (CVLN) Grant Report highlights how our 360-degree approach to teach the law, practice the law, and change the law, strengthens access to legal services for crime victims across New York State. The CVLN Team at Empire Justice Center leads the CVLN project and is tasked with cultivating a community of practice around the provision of legal services for crime victims. As part of our “We Teach The Law” arm of the 360-degree approach, we provide comprehensive support – including legal guidance, research assistance, and referral information to those serving crime victims across the state. By increasing providers’ ability to better serve their clients, we play a critical role in the provision of services to crime victims. The report reflects our two-fold work: helping both crime victims and those who serve them.

The CVLN Team recently released their grant report. The report highlights some of our work as the provider of state support for members of the Crime Victims Legal Network, the work with partners on the CVLN project, and the usage of our website, NY Crime Victims Legal Help, which was designed to help victims of crime understand their rights and connect with resources to help them address their civil legal needs.

The report showcases the work of our CVLN team in building a statewide community of practice and providing legal guidance, research support, and referrals to advocates, attorneys, social workers, and other professionals serving crime victims.

It also takes a closer look at NY Crime Victims Legal Help, our online resource designed to help crime victims understand their rights and connect with civil legal support.

Rochester Legislative Breakfast

On January 15, Empire Justice Center Staff, Civil Rights Managing Attorney Katie Blum, Housing Managing Attorney A.J. Durwin, Policy and Communications Manager Amanda Gallipeau, Chief Strategy Officer Jill Paperno, and Director of CASH and Strategic Partnerships Yversha Roman, attended the Rochester Chamber of Commerce’s Greater Rochester Chamber Legislative Breakfast, sharing a table with our friends and colleagues at the Telesca Center for Justice. This event, held annually in January of each year, provides a platform for members to connect with Greater Rochester’s state delegates and prominent community leaders. Legislative priorities that will influence the region’s business climate and drive economic growth were discussed.

Staff Recognition

Congratulations to Supervising Staff Attorney, Haley Kulakowski, for receiving the New York State Bar Association’s (NYSBA) 2026 Young Lawyer Award! The Young Lawyers Section each year honors a young lawyer who has rendered outstanding service to both the community and legal profession. The Outstanding Young Lawyer Award recognizes an attorney who has actively practiced less than 10 years and has a distinguished record of commitment to the finest traditions of the Bar through public service and professional activities.

Senior Attorney, Lettie Dickerson, has been selected as the recipient of the 2026 NYSBA LGBTQ+ Vanguard Award! The award is for an attorney who is a member of the LGBTQ+ community or an ally of the community who has consistently gone above and beyond to support the LGBTQ+ community in New York State and around the country. There are thousands of LGBTQ+ lawyers and allies in New York, who for decades have been at the forefront of the profession. In many cases, they have been the lawyers and advocates who have made social change possible at the state and national level. It is critical to celebrate these incredible people for their drive and ambition that has made it possible for the LGBTQ+ community to come closer to true equality.

Please join us in celebrating two members of our amazing team who have been recognized for their service in making the law work for law New Yorkers!

Thank You For Reading

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The Empire Justice Policy Team