Empire Justice Center is a non-profit law firm dedicated to making the law work for all New Yorkers. Through our 360 degree approach – practicing the law, teaching the law, and changing the law – we achieve justice for the people who need it most. Below are our state policy priorities for 2023. Read the Policy Priorities in a PDF.
Key Priorities
Office of Court Administration/Legislative Funding for Legal Services: Empire Justice Center and other civil legal services (CLS) providers represent low-income people in the essentials of life – helping to protect their health, livelihoods, shelter, and families. The Office of Court Administration’s proposed budget for civil legal services and the Legislature’s Legal Service Assistance Fund (LSAF) and Senate Upstate Legal Services funding are essential to supporting access to justice.
ASK: Support the OCA budget as proposed including cost of living increases for Judiciary Civil Legal Services and IOLA funding and 3% funding increase for JCLS.
ASK: Maintain last year’s Legislative commitment to LSAF.
ASK: Maintain Upstate Legal Services funding at $3.5 million.
Pay Equity for Civil Legal Services: New York’s civil legal services providers, like Empire Justice Center, provide legal services to low–income New Yorkers on behalf of the state, but are funded at levels that hold salaries at least 30% lower than other government funded legal services providers. This is driving a growing inability to hire and retain attorneys and other staff to provide legal services in critical matters including eviction, immigration, foreclosure and domestic violence prevention.
ASK: All branches of government work together to bring civil legal services salaries in line with other government–funded legal services salaries – $170 million phased in over 3 years
Reform NYS Contracting and Payment Processes: Legal services providers are a critical part of New York’s social safety net. Along with our nonprofit sector colleagues, New York State contracts with Empire Justice Center to provide civil legal services to low income and marginalized New Yorkers facing homelessness, hunger, loss of income and more. Challenges in the not for profit contracting and payment processes result in financial crisis, staffing instability and fewer services for clients, undermining the goals of the contracts;
ASK: Take steps to speed up the contracting and payment systems through uniformity, streamlined systems, identifying best practices and efficiencies to be implemented across contracts and agencies.
Maintain Funding for the Homeowner Protection Program (HOPP): As New York wrestles with the current housing crisis, supporting struggling homeowners in retaining their homes must be part of the solution. The Homeowner Protection Program (HOPP) is New York State’s only homeowner retention program. The network of 89 nonprofit legal services and housing counseling agencies provides assistance to homeowners in mortgage default and facing property tax foreclosure in every county of the state. Historically, every $1 million invested in HOPP yields a return of over $5 million in tax and property cost savings. HOPP is essential in preserving homeownership in Black and Brown communities, and to helping homeowners grapple with post-COVID issues such as inheritance, increased interest rates, mortgage and tax foreclosures, and a lack of rental options.
ASK: Maintain $40 million in funding for HOPP
ASK: Pass SB 7297 (Kavanagh) / AB 7636 (Solages) to codify HOPP
Access to Justice
Community Health Advocates (CHA): CHA helps New Yorkers navigate today’s complex health care system by providing individual assistance, outreach, and education to communities throughout New York State. Since 2010 CHA has handled over 500,000 cases, saving $180 million for consumers – individuals, families, and small businesses. As the Public Health Emergency wind-down continues into 2024, more New Yorkers are dealing with different (or no) health coverage and need assistance accessing and affording care. Further, as the cost of living continues to increase, New Yorkers living on a fixed income are hit the hardest – including seniors and people living with disabilities. CHA works directly with individuals hoping to maximize their coverage while limiting out of pocket costs.
ASK: Increase funding to $6.5 million for CHA.
Disability Advocacy Program (DAP): Every year, DAP provides legal assistance to approximately 4,000 low-income disabled New Yorkers who are seeking Supplemental Security Income (SSI) or Social Security Disability (SSD). In addition to helping disabled individuals access the much-needed federal benefits to which they are entitled, this program reduces state costs. Historically, every dollar spent on DAP has returned over $2 to the state and counties. DAP has generated almost $1.5 billion to the state and local counties since its inception in 1983, making it one of New York’s most long-lasting and respected legal programs.
ASK: Maintain funding of $13.52 million, including the county match, for DAP.
Ensuring consistent funding to serve NY crime victims: Federal VOCA funds are the largest and most crucial funding source for the OVS Grant Funding to Victim Assistance Programs – but due to shrinking federal funds, providers in New York state may be at risk.
ASK: Ensure that the current OVS contracts are fully funded to provide continued services for victims of crime. In addition to the $14.4 m transfer that is planned, add $10 m to cover the half of the anticipated 15% funding cut for year 3 of the current contract that will fall in the FY24-25 state budget.
ASK: Flag the anticipated federal funding cliff of up to $85 m that will begin in FY 25-26.
ASK: Enact legislation, such as a law adopted in Maryland, to automatically close gaps caused by reductions in federal funds and to ensure critical funding and services remain consistent.
Expand Legal Representation for Non-Parent Caregivers: The number of children who are unable to be with their parents has increased in recent years, as a result of the pandemic, opioid crisis, housing instability, mental health, poverty, and other factors. The pandemic has hit people of color especially hard; Black, Hispanic, and Asian children are more likely to have lost a parent or caregiver to COVID than their white peers. New York State should, building on the existing Kinship Navigator, establish a network that will provide much-needed legal representation to non-parent caregivers who are trying to keep their family together, navigating New York’s complex justice and social services systems without the assistance of counsel. New York should not let lack of access to representation get in the way of protecting some of the state’s most vulnerable children and the family members who want to care for them.
ASK: Allocate $8 million to establish a Kinship Legal Network pilot program.
Statewide Right to Counsel in Eviction Proceedings (S2721/A.1493): New Yorkers are better served when they have representation to help navigate all civil legal proceedings. In particular, we support statewide right to counsel in eviction matters, building on the successful model in New York City, which supports tenants through a complex, traumatic process with serious potential consequences for education, health and wellbeing, social cohesion, and more.
ASK: Pass the Statewide Right to Counsel in Eviction Proceedings (S2721/A.1493).
Social and Economic Justice
Ensuring Privacy in Name Changes: Disclosure of court-ordered name changes presents a safety and privacy concern, particularly for transgender, non-binary and gender non-conforming people, and those who are victims of domestic violence. While the New York State Human Rights Law requires name changes to be sealed upon request, the adherence to this rule has been inconsistent. Additionally, technology is outpacing court processes – online filings are scraped and data is re-published online, including home addresses, birth certificates, birth dates, and reason for the name change, including transgender status and domestic violence concerns. Even if the file is subsequently sealed, personal information is still findable online, which renders petitioners susceptible to identifiable harm.
ASK: Ensure privacy to protect people requesting name changes
Ensuring the Safety and Dignity of Incarcerated Transgender, Non-Binary, and Gender Non-Conforming People: Incarcerated transgender and gender non-conforming people deserve safety and dignity, including being housed in accordance with their gender identity and given access to clothing and grooming items consistent with their self-identified gender.
ASK: Pass the Gender Identity Respect, Dignity and Safety Act (S.2860 /A.709 )
Maintain Funding for the Education Debt Consumer Assistance Program (EDCAP): EDCAP is a first in the nation program to provide free, reputable assistance, connecting borrowers with trained advocates to help them navigate the process and manage their student loans.
ASK: $3.5 million in funding for EDCAP.
Increase the Public Assistance Shelter Allowance and the Basic Needs Grant: Public Assistance grant amounts have not been updated in decades and are completely inadequate. As our recent report shows, there are no rental units in the private market priced at or below the Shelter Allowance. Increasing the rent allowance to be in line with HUD’s Fair Market Rents will help the lowest-income New Yorkers obtain and retain safe and decent housing, thereby reducing housing instability and homelessness. Increasing the Basic Needs Allowance will help people pay for necessities, like clothing, hygiene products, and transportation. Together, these increases will help lift affected New Yorkers out of deep poverty.
ASK: Increase the shelter allowance to HUD fair market rent. Until that goal is achieved, all public assistance households experiencing housing instability should be entitled to rent supplements at HUD fair market rent. Increase the Basic Needs grant to reflect inflation.
Managed Care Consumer Assistance Program (MCCAP): The MCCAP network provides essential assistance to low-income seniors and people with disabilities. MCCAP educates vulnerable populations about their Medicare options and the federal and state programs that help them afford and access their healthcare. Each enrollment into Medicare cost-saving programs we process saves an individual approximately $7,400 in annual out-of-pocket health care costs. More help is still needed to help New Yorkers fully leverage the recent expansion of the Medicare Savings Program.
ASK: Increase funding to $2.767 million for MCCAP.
Protecting New York Consumers and Small Businesses (S795 / A7138): While 43 states and the federal government ban “unfair and deceptive” businesses practices, New York consumer law does not prohibit “unfair” practices. When bad actors take advantage of New York consumers – such as if a lender does not send a bill then charges people for late payment – New Yorkers have limited recourse. New York consumers and small businesses deserve protection from unfair practices.
ASK: Pass the Consumer and Small Business Protection Act (S795 / A7138).
Working Families Tax Credit (S0277 / A4022): Through our CASH (Creating, Assets, Savings and Hope) program, we have supported almost 200,000 families in the Rochester area with their tax returns. When Congress didn’t extend the Child Tax Credit, national estimates expected tax returns to come in approximately 11% less than last year, however, our clients saw an approximately 50% reduction in the average amount of federal returns last year. We are grateful for the achievements in the last budget, however, there is more work to be done to leverage the power of tax amendments to make it easier for families to meet their basic needs.
ASK: Pass the Working Families Tax Credit (S0277 / A4022).
