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Update! The 2022-23 State budget includes additional funds to support the Emergency Rental Assistance Program (ERAP). Prior to the addition of these funds, OTDA anticipated funding applications submitted through October 7, 2021. As a result of the additional funding, OTDA is processing eligible ERAP applications submitted through March 31, 2022. New York State's Eviction Moratorium ended on January 15, 2022. Although some towns have spent their allocated ERAP funds, residents in all towns can still apply for ERAP through the OTDA portal. Although the application may not be approved due to lack of funds, any eviction proceeding should be stayed if there is a pending ERAP application until there is a final decision including going through any appeals process. Town of Islip, Hempstead, and Oyster Bay have a separate portal where residents can apply, however, the Town of Hempstead's program is currently closed. The Town of Oyster Bay ERAP program reopened for Round 4 of funding on February 15, 2022 and will accept applications until 5pm on May 13th, 2022. 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 to stay an eviction HOWEVER any applications submitted after February 14, 2022 will most likely be denied due to lack of adequate funding. 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 OTDA online application form. To apply and determine eligibility, visit the OTDA website.
Residents of Hempstead
Residents of Islip
Residents of Oyster Bay
Other Long Islander Towns
OTHER RENTAL ASSISTANCE PROGRAMS
Suffolk and Nassau County DSS- The Department of Social Services has programs available to provide help with receiving shelter or rent arrears to prevent homelessness. Please visit WWW.MYBENEFITS.NY.GOV for further information or to apply.
Project Anchor- Homelessness Prevention Network-Suffolk County Only- Do you owe rent & are at risk of losing your housing? Do you think you may have to go to shelter? Reach out before you are forced out of your home. Free Services include: Case Management/Advocacy; Benefits Counseling; Employment Services; Landlord/Tenant Mediation; Community Referrals. Financial assistance with rental and utility arrears for those who qualify.
Nassau Suffolk Law Services, in partnership with Empire Justice Center, can now assist Nassau and Suffolk residential tenants with housing-related legal problems (like eviction) and a household income of up to 80% of the Area Median Income. Services are available through this partnership regardless of immigration status. Please call the office closest to you to see if you are eligible for legal services. Interpreters are available. Suffolk residents west of 112 can call 631-232-2400 and east of 112 can call 631-369-1112. Nassau residents can call 516-292-8100. Feel free to share our flyer in both English and Spanish.
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TWO
The 2021-2022 Regular HEAP benefit closes on April 29, 2022. The Home Energy Assistance Program (HEAP) helps low-income people pay the cost of heating their homes.
If you are eligible, you may receive one regular HEAP benefit per program year and could also be eligible for emergency HEAP benefits if you are in danger of running out of fuel or having your utility service shut off.
HEAP may be able to help you if you heat your home with:
- Electricity
- Natural Gas
- Oil
- Coal
- Propane
- Wood/Wood Pellets
- Kerosene
- Corn
Nassau Suffolk Law Services has several units dedicated to helping residents apply for Managed Long Term Care, appeal Medicaid denials, and set up Supplemental Needs Trusts to eliminate the Medicaid spend-down including our Public Benefits Unit, Mental Health Law Project, Nassau Senior Citizens Law Project, Adult Care Facility Project, ICAN, and HIV/AIDS Project. Suffolk residents can call 631-232-2400. Nassau residents can call 516-292-8100.
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THREE
Beginning July 1, 2022, the credit bureaus will remove medical debt that has been paid off. Additionally, starting July 1, 2022, the grace period before reporting medical debt collection will increase to one year (previously 6 months). Lastly, in the first half of 2023, they will also remove unpaid medical debt of less than $500. As a result, it is expected that the majority of medical debts will be removed from credit reports.
Nassau Suffolk Law Services provides legal representation and advice to eligible Nassau and Suffolk residents experiencing consumer debt problems (like student loans), 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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FOUR
Equitable relief is available for people who, from January 1, 2022 onward, missed enrollment in Medicare because of SSA telephone issues. Because the Social Security Administration (SSA) national 800 number and field offices both had—and continue to have—technical difficulties with their phone and fax systems since the start of the calendar year, the Centers for Medicare & Medicaid Services (CMS) is providing equitable relief to anyone who was unable to enroll in Medicare because of problems getting through to SSA. The equitable relief runs through December 31, 2022, and applies to anyone who could not enroll (or disenroll) in Part B or in premium Part A during a period of enrollment eligibility because of problems with phone or fax communication with SSA. Although this equitable relief will primarily affect people who missed the January 1 - March 31 General Enrollment Period (GEP), it also applies to individuals who missed an Initial Enrollment Period (IEP) that encompasses dates on or after January 1, 2022, as well as individuals who were unable to make changes based on the employment-related Special Enrollment Period (SEP).
Individuals seeking equitable relief can contact either the national SSA phone number, 1-800-772-1213, or their local SSA office. Equitable relief will be granted on a case-by-case basis. From a review of the guidance (EM-22020) to SSA offices, it appears that the following requirements will apply:
- The individual must have been in an enrollment period on or after January 1, 2022. Since everyone eligible for Medicare has an enrollment period from January 1 through March 31, this requirement will be met by anyone missing an enrollment in the January-March timeframe. Advocates should be aware that, because the guidance notes that the technical problems are ongoing, it may be possible to seek equitable relief for individuals who miss a deadline after March 31 if they encounter phone or fax problems that cause them to miss their enrollment window.
- The individual must assert that they attempted to reach SSA by phone or attempted to fax information and encountered difficulties, e.g., couldn’t get through, the call got dropped or cut off, etc., and they were unable to timely enroll or disenroll. Although it would be helpful if the individual had notes on the dates or number of times they called, it does not appear that SSA will require that kind of specificity if the individual does not have it available. The instructions to SSA staff state: We encourage technicians to be as responsive and flexible as possible when a current or new beneficiary affected by telephonic technical issues contacts us for any missed enrollment opportunity due to being impacted by SSA’s telephonic technical issues. Advocates should encourage individuals who missed a deadline to seek equitable relief even if they cannot recollect details about the calls they made. Note also that, although online application processes have been available, the guidance does not require individuals to justify why they did not or could not use online enrollment options. It is enough for the individual to have tried phone access and been unsuccessful.
Note that normal rules apply with respect to the effective date of an enrollment. Thus, if an individual obtains equitable relief for a missed GEP enrollment, the first day of coverage will be no earlier than July 1, 2022, which would have been the first day if the individual had timely enrolled. Additional details are available in the guidance.
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FIVE
Medicaid recipients be on alert! The Public Health Emergency has been extended until July 13, 2022. One of the many moratoriums in place during the Covid-19 pandemic has been the moratorium on banning case closings and reductions of coverage for Medicaid recipients. Now that the PHE has been extended, the continuous enrollment requirement would end on July 31, 2022 with the first disenrollments effective August 1, 2022. The most recent guidance of CMS clarified that states may initiate the first batch of renewals the month before the PHE ends. This means states could begin processing renewals as of June 1, 2022. States are required to conduct a full renewal, according to regulation, for everyone based on current circumstances before disenrolling anyone.
Nassau Suffolk Law Services Public Benefits Unit provides legal assistance to persons who experience problems with public benefits programs which are administered by the local Departments of Social Services, including: Welfare (TANF and Safety Net); Medicaid; Food Stamps (SNAP); Child Care Assistance; HEAP; Emergency shelter for the homeless; and other emergency assistance programs. We also assist low-income households in establishing Supplemental Needs Trusts to eliminate the Medicaid spend-down and assist homeless families to obtain rent supplements from DSS to enable families to leave the shelters or retain permanent housing. Suffolk residents can call 631-232-2400. Nassau residents can call 516-292-8100.
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Have you seen our new website? Check it out at www.nslawservices.org. As always, we have resources on a variety of legal topics including previous legal lessons and LSCA trainings. Please continue to check back over the next few months as we will be providing new downloadable fact sheets in both English and Spanish.
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Did you miss out on our "Post Moratorium Foreclosure Options" or "Accessing Healthcare and Preventing Medical Debt" LSCA Trainings? Feel free to email scampo@nsls.legal to request a copy of presentation and corresponding handouts. More presentations will be added to the calendar soon.
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If your organization is interested in having Nassau Suffolk Law Services present on what services we provide or a specific area of law, please contact the Legal Support Center for Advocates at 631-232-2400 extension 3324 (advocates only).
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NSLS 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
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Are you looking to give back to the community while also getting paid? We would love to have you apply for our currently open attorney, paralegal and volunteer intern positions. To find out more, go to our website.
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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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