" People should be able to live their lives free from danger and violence but, in certain areas of the world, this is not possible. James and his family were persecuted—his own father murdered—in h . . .

People should be able to live their lives free from danger and violence but, in certain areas of the world, this is not possible. James and his family were persecuted—his own father murdered—in his home country.

He was forced to flee for his life. So he did what many of our ancestors and family members have done: He came to the U.S. to find safety, dignity, and respect. Empire Justice helped him avoid deportation, and gain asylum and safety. He’s now restarting his career as a medical professional in New York State.

" A transgender man was about to graduate from a certificate program, but because he had not yet legally changed his name, the school registrar refused to call out his preferred masculine name at the gr . . .

A transgender man was about to graduate from a certificate program, but because he had not yet legally changed his name, the school registrar refused to call out his preferred masculine name at the graduation ceremony. This would have effectively exposed his transgender status to all of his classmates, faculty, and others in attendance, against his will and wishes.

The student contacted Empire Justice and we took on the case. Our attorney called the Dean of the school to alert him of this issue and to ask for the school's policies on the matter. Simply alerting the Dean was sufficient – the graduation roster was quickly updated to reflect the student’s authentic masculine name ahead of the graduation ceremony the next morning.

" Hannah, a Bovier service dog, takes her job very seriously. She watches over eight year old Devyn, alerting Devyn’s mom and teachers to oncoming seizures, and providing mobility supports that allow . . .

Hannah, a Bovier service dog, takes her job very seriously. She watches over eight year old Devyn, alerting Devyn’s mom and teachers to oncoming seizures, and providing mobility supports that allow Devyn to walk independently, among other crucial services. This essential accommodation allows Devyn to participate fully in her education along with the other kids in her class.

But her school refused to allow her to attend with the service dog unless the family hired a private, full-time handler. This refusal, in our view, violated the Americans with Disabilities Act (ADA) and cost the family thousands of dollars.

Empire Justice filed a complaint with the U.S. Department of Justice, advocating for Devyn’s right to act as Hannah’s handler at school with some minimal assistance from school staff. The Department of Justice (DOJ) agreed with us, and ordered the district to assist Devyn. But the district refused, and in 2015 the DOJ filed a lawsuit against the school district. Empire Justice is proud to support Devyn and her family, as well as the thousands of children that require similar accommodations.

" For 32 years Althea and her husband made their house into a home—planting flowers by the front door and installing a wheelchair ramp for Althea to get around. But as they aged they faced more and mo . . .

For 32 years Althea and her husband made their house into a home—planting flowers by the front door and installing a wheelchair ramp for Althea to get around. But as they aged they faced more and more medical issues, and more and more medical bills. They lived a frugal lifestyle, but with only $1,866/month in Social Security as their total income, they couldn’t keep up with the taxes on their home. And in early 2014, Althea and Calvin opened a letter from the County, stating they faced tax foreclosure if they didn’t pay over $17,000.

Althea contacted our office, and her attorney researched her options. Unable to qualify for a repayment plan, the attorney helped the couple apply for the only relief available to them—a Mortgage Assistance Program (MAP) loan. MAP provides 0% interest loans to homeowners who are at risk of foreclosure and unable to get assistance from other foreclosure prevention programs. Empire Justice attorneys helped them gather and submit the necessary documents for their loan application. It was Althea and Calvin’s only hope.

But just as their MAP loan was expected to be approved, Calvin’s health took a turn for the worse, and he passed away. Not only did Althea lose her husband, but she lost half of her family’s income—putting her MAP eligibility and her home at risk. Her attorney moved quickly to ensure Althea had enough of a surplus to make the payments that would enable her to stay in her home. And when MAP said she was no longer eligible, her Empire Justice attorney advocated for her, ready with a revised budget that proved she was.

And in May, 2015, Althea became Empire Justice Center’s first MAP applicant to be approved. With that loan, she could keep the home she and Calvin made together.

" Camila applied for a child care subsidy through the local Department of Social Services (DSS). She and the father of the four children are both undocumented immigrants and working full time. Their chi . . .

Camila applied for a child care subsidy through the local Department of Social Services (DSS). She and the father of the four children are both undocumented immigrants and working full time. Their childcare cost was $300 per week—her entire wages.

To process the application, the County DSS requested documentation of the family’s employment. Camila responded timely to all of their requests, submitting numerous wage verification forms and employer letters. Despite this, the agency kept requesting the very documents that she had previously submitted, and twice required them to meet with an investigator, costing the couple a day’s wages each time. After months of submitting and resubmitting the exact documents the agency asked for, DSS denied the application for lack of employment documentation. Throughout this time, Camila was using almost all of her earnings to pay for childcare.

We represented Camila in a fair hearing appealing the denial. We proved that the family had complied with the repetitive document requests and that these egregious denials were causing the family severe hardship. The hearing officer ruled in our favor.

But even after the fair hearing decision, DSS continued to deny the family child care assistance and continued to bury them in document requests. Camila's Empire Justice advocate stepped in and refused to let DSS continue with the wrongful denials. Finally, due to our continued advocacy, this hard-working family of six was provided child care assistance and DSS issued a retroactive payment for nine months’ worth of childcare.

Throughout all this, the DSS workers were aware that this couple only understood Spanish but they were denied an interpreter by the investigator, and were required to sign forms in English which they did not understand. Camila thought she was signing a form to verify her attendance at an investigation meeting when, in fact, she was signing a withdrawal of her application. The family’s Empire Justice advocate wrote to the County DSS commissioner strongly advising him to take steps to ensure that all applicants for assistance be treated equally and that they not be discriminated against, or subjected to excessive documentation requirements, based upon their language proficiency or their immigration status. She also filed a language access complaint with the Office of the County Executive.
Our tenacious and continued advocacy ensures that hard-working families are not wrongfully denied services, and that they are provided meaningful access to services in their language.

" At 60 years old, Charles is a smart, educated man. He’s not afraid to advocate for himself, and at times, he must—he’s been living for more than 40 years without the ability to use his arms and . . .

At 60 years old, Charles is a smart, educated man. He’s not afraid to advocate for himself, and at times, he must—he’s been living for more than 40 years without the ability to use his arms and legs. And though he relies on 24-hour care to do things like brush his teeth, get in and out of bed, and eat, he’s a fighter.

So when his health care provider told him that he was only eligible for 9 hours of care per day, and charged him $200 more per month than he owed, he refused to accept it. He contacted Empire Justice Center, and was diligent about knowing his rights and fighting for them. He told his Empire Justice attorney that without those health services, “I’ll be dead.”

Horrified at the improper change in his health care his attorney quickly advocated on his behalf, requesting that the case be heard by a judge and asserting his rights under the law. Together they convinced the health care provider to comply with the law and provide Charles with the services he needs without having to go to court.

" In front of a judge, everyone should have the opportunity to defend themselves.
However, Iliana found herself trying to make her case before an administrative judge who didn't speak her la . . .

In front of a judge, everyone should have the opportunity to defend themselves.
However, Iliana found herself trying to make her case before an administrative judge who didn't speak her language. A daunting task when you consider what was at stake: she faced an unfair termination of her family’s primary source of income for her and her four children, the family’s public assistance.
Iliana was the primary caretaker for her two severely disabled children, and she needed a car that was big enough to make sure they had access to the health care they required – one child needs a wheelchair and receives specialized care at a medical center that is 30 minutes away. Unfortunately, Iliana’s poor credit history meant that she had to take out a subprime auto loan in order to purchase a used vehicle that was big enough for her family’s needs.
When the county found out she owned the car, they determined it was worth more than the “asset limit” allowed and they tried to terminate the family's public assistance. The car was worth too much money, they said, even though the outstanding loan was more than the value of the car.
Iliana and her family faced stricter “asset limits” under this system, where people with disabilities were more likely to be denied public assistance if they had a car. Because Iliana was the full-time caretaker of her two disabled children, she was not able to work. If she had been able to work or show that she was looking for work, the county would have used a greater “asset limit” and allowed her to keep her car while receiving public assistance.
Thankfully, Iliana contacted Empire Justice Center, and her civil legal aid attorneys defended her. They eventually convinced the county to allow her to keep her public assistance as well as her car, and spoke up for her when the interpreter did not accurately communicate Iliana’s testimony at the hearing. (One of her attorneys is bilingual.)
Without Empire Justice Center's legal representation (and bilingual staff) Iliana and her children faced serious repercussions to their family's income and the health of her children. Thanks to her attorneys’ advocacy the family was allowed to keep the car they needed and did not lose their main form of income.
But our work didn't stop there...
Empire Justice recognized that this was a systemic issue in New York State, and that many other families faced the same decision: liquidate your crucial assets, such as a car needed for employment or to access healthcare, in order to receive public assistance, or lose your public assistance because of the same unjust asset rules.
This is not right. Our policies should be encouraging savings as a path out of poverty, rather than forcing families to liquidate their only assets.
So Empire Justice put pressure on state lawmakers to make a change in the overarching policy, and in early 2016, the legislation passed. New York State raised the level of exemption for a car to more accurately reflect the current cost of a decent car, with continuing increases over the next two years. The legislation also did away with the two tiered system that created a different level for people with disabilities. Now it is a single standard, eliminating the disparate impact it had created for people with disabilities.
In addition, Empire Justice filed a class action lawsuit challenging how the State determines the value of a car when someone applies for public assistance. The State’s policy unjustly punishes low-income families who are often the victims of predatory loans. More to come on this lawsuit soon!

" Laurie, a young mother and homeowner, applied for temporary assistance from the local Department of Social Services (DSS) to get her family through a difficult time. But in exchange for receiving publ . . .

Laurie, a young mother and homeowner, applied for temporary assistance from the local Department of Social Services (DSS) to get her family through a difficult time. But in exchange for receiving public assistance, Laurie signed away her only asset to the county—she signed over her home. Over 20 years later, with her children grown and living on their own, she decided to sell the home. She knew she owed the county, but she never received a statement itemizing the amount that she owed. When she contacted them to find out how much was owed, DSS inaccurately advised her that it was over $42,000. DSS wrongfully included duplicate charges and left out child support payments. DSS also charged Laurie to repay three federally funded programs--food stamps, child care, and HEAP--none of which they can legally collect. Correcting these inaccuracies decreased the amount to $20,000.
PRACTICE
Empire Justice took Laurie’s case, representing her and advocating on her behalf. We insisted that DSS give her an itemized statement of the debt, and challenged the inaccurate calculation.
TEACH
Laurie wasn’t alone. Advocates from legal service agencies across the state saw the same thing happening in their communities. So Empire Justice Center investigated and researched the issue, then published the report “Don’t Lien on Me.” The report demonstrates how the law burdens public assistance recipients with debt and blocks their ability to move ahead in life.
IMPROVE
Empire Justice informed and educated lawmakers about this policy that was so detrimental to low-income homeowners. Because of this education and advocacy, informed by our direct representation, Empire Justice led the effort that changed this harmful law. Now:
DSS must provide a notice of what can be recovered;
Homeowners will receive information on how they can make payments;
DSS must provide annual statements informing homeowners of how much they owe, and giving them a chance to challenge any improper charges;
Homeowners will have an opportunity not to sign over their homes and get a smaller grant instead.

" Sarah is a 58 year old woman with a long work history, but the lagging job market has been a barrier to consistent employment, forcing her to move from one temporary job to another. So when her Unempl . . .

Sarah is a 58 year old woman with a long work history, but the lagging job market has been a barrier to consistent employment, forcing her to move from one temporary job to another. So when her Unemployment Insurance benefits ran out in the autumn of 2014, she was forced to apply for help from the local Department of Social Services (DSS). Her total public assistance grant was only $425 per month, even though her rent alone costs $575 per month. An inadequate balance that low-income New Yorkers know all too well.
Her public assistance grant was meant to cover both her heating and shelter, which the DSS sent directly to her landlord. But after four months of receiving public assistance, Sarah received a utility shut off notice. She asked for help from DSS, and DSS paid her utilities with an emergency grant, a standard way of helping people in Sarah’s situation. However, DSS wrongfully calculated this one-time grant as an overpayment in her public assistance case, and started reducing her already small amount of public assistance in order to ‘recover’ the alleged overpayment—further reducing her public assistance. As a result of her reduced monthly grant, her landlord threatened to evict her.
Sarah came to Empire Justice for help. Our attorney represented her in a fair hearing and won. He showed that DSS had not followed the proper procedures in handling the energy emergency, and that DSS gave her a grant for the utility bill—it was not an overpayment in her case. By winning this hearing, Sarah started to receive the full amount of her public assistance grant again, her utilities were not shut off, and she avoided eviction.