SHARE:  
Join Our Email List
WHAT HAPPENS TO A HOUSING VOUCHER AFTER A DEATH IN THE FAMILY?

When a Housing Choice Voucher (Section 8) recipient passes away the local housing authority is responsible for identifying a new head-of-household and completing an interim recertification to preserve the family's housing. John Batanchiev, Staff Attorney in the Hempstead Civil Unit recently assisted a family to restore their Section 8 voucher after the local housing authority, Hempstead's Department of Urban Renewal, failed to act after repeated notifications that the head-of-household had passed away.

In the fall of 2019, a recent widow sought help from Nassau Suffolk Law Services after Urban Renewal ignored her attempts to notify them of her husband's passing. In December 2019, Batanchiev provided Urban Renewal with the head-of-household’s death certificate. However, Urban Renewal took no action. After several more requests that Urban Renewal complete an interim recertification and transfer the voucher to the widow, our office asked for an informal hearing in May 2020. With many agencies operating differently as a result of the pandemic, Urban Renewal still failed to provide any official response.

During the summer of 2020, Urban Renewal announced that their Section 8 files would be transferred to the Nassau County Office of Housing (“Nassau County”). Batanchiev contacted Nassau County to have them complete the interim recertification, only to be informed that the file had been terminated months earlier.

Urban Renewal claimed that the family’s Section 8 program was terminated in a notice it sent in March 2020, at the beginning of the pandemic. However, neither Batanchiev, his clients, nor the clients' landlord received or were previously aware of the termination notice, despite their repeated attempts to communicate with Urban Renewal about the family's voucher.

Batanchiev wrote to Nassau County and the U.S. Department of Housing and Urban Development (HUD) identifying a number of reasons why the family’s Section 8 file should be restored:

  • Failure to Follow Interim Recertification Procedures: Urban Renewal failed to follow proper procedures for an interim recertification under 24 C.F.R. § 982.516(c)(2) and its own Administrative Plan.

  • Failure to Provide Notice: Urban Renewal failed to serve the family with a pre-termination notice prior to terminating their Section 8 program. The local housing authority had no proof of how the supposed pre-termination notice was sent nor proof that it was delivered to the family.

  • Notice Failed to Provide Time for Hearing: The supposed pre-termination notice was defective because it did not provide the family time to request an informal hearing, as Urban Renewal's own Administrative Plan required.

  • Notice Failed to State Reason for Termination: The supposed pre-termination notice was also defective because it failed to state the basis for the termination. A pre-termination “notice must . . . [c]ontain a brief statement of reasons for the decision.” 24 C.F.R. § 982.555(c)(2)(i). The notice must describe the nature of the evidence against the voucher recipient, so that they can effectively rebut that evidence.

  • Housing Assistance Payments (HAP) Terminated Prematurely: Section 8 regulations require housing authorities to continue to make HAP payments while a termination is pending. While Urban Renewal claimed that the family's Section 8 program was terminated in April 2020, it stopped making HAP payments in February 2020 even before supposedly sending the pre-termination notice.

  • No Pre-termination Hearing: The housing authority failed to provide an informal hearing before the termination became effective despite the family’s request for an informal hearing.

Nassau County responded that they did not have the authority to restore the voucher since they were not responsible for the file at the time of termination. However, in consultation with NY Homes and Community Renewal (NY-HCR), HUD agreed to reinstate the voucher based on the numerous irregularities in the case.
FOLLOW US!
CHECK OUT OUR RESOURCES,
AVAILABLE IN ENGLISH AND SPANISH!

- Recent Tenants' Rights Presentations
Understand what tenants should look out for before renting and the eviction process including COVID-19 protections and illegal evictions.


- Community Referrals
Quick summary of where to go for legal help, housing counseling or emergency rent help.


- Timeline of a Nonpayment Eviction


- Timeline of a Holdover Eviction

- COVID-19 Eviction FAQ
The situation is continuing to evolve rapidly. We will continue to update this FAQ as new rules and procedures are announced.


-Eviction Brochure
Contact us to request trifold versions of the brochure to distribute to your clients.
IN PARTNERSHIP WITH BRENTWOOD PUBLIC LIBRARY,
PROGRAMS FOR GENERAL AUDIENCES
UNDERSTANDING THE RIGHTS OF STUDENTS WITH DISABILITIES

Friday, January 8, 6:00 pm

Presented by NSLS Education and Disability Rights Project (EDRP) Staff Attorney,
Tracey Discepolo

In partnership with the Brentwood Public Library

Know your rights. Students with special needs are entitled to services and support to help them learn, even while schools are operating under COVID-19 restrictions. This presentation for parents and guardians will address the special educational process in New York. You will learn about important federal and state laws, the five steps of the special education process and the due process complaint procedure.
DISABILITY ADVOCACY PROJECT DURING THE COVID-19 PANDEMIC 
 
Throughout the Covid-19 pandemic, the Disability Advocacy Project (DAP) at Nassau Suffolk Law Services has been hard at work representing clients with Social Security issues. Unlike many courts and agencies, the Social Security Administration continued to process claims and hold hearings without interruption during the pandemic. As processes and rules changed, our attorneys quickly adapted to the challenges of Social Security representation during a novel and uncertain time. 

In March 2020, in response to the State of Emergency, the Social Security Administration implemented telephone hearings. While participation in telephone hearings is optional, in-person hearings will not be scheduled until the current health crisis has abated. Our attorneys promptly alerted our clients to their rights and responsibilities under the temporary rules, and helped claimants make informed decisions on how to proceed with their cases.  

By participating in trainings and meetings with DAP providers across the state, our attorneys quickly learned and implemented new procedures for communicating with the Social Security Administration, preparing cases, and representing our clients in telephone hearings. As a result, the DAP unit was able to continuously represent clients at Social Security hearings throughout 2020.  

Additionally, our DAP attorneys helped claimants navigate new legal issues precipitated by the pandemic. Our attorneys have advocated for claimants at local Social Security offices, helped clients claim their stimulus checks, and represented claimants in Supplemental Security Income discontinuations due to widespread identity theft and unemployment fraud.  

Throughout the COVID-19 pandemic, our DAP attorneys have been able to quickly conform to the changing Social Security landscape. As a result, our clients have been able to access benefits that they are entitled to.   
DID YOU MISS OUR LAST TRAININGS?
Understanding Medicaid
Managed Long-Term Care
ICAN, or Independent Consumer Advocacy Network, supports people in Medicaid long-term and managed care plans who need services in the community, like home attendants or adult day care. This presentation for advocates and home health aids describes Nassau Suffolk Law Services' ICAN Unit. Learn about the assistance, advocacy, and representation we provide for Long Island residents receiving long-term care in the community. The presentation also discusses the benefits and services Medicaid long-term care programs provide and much more!
New York State Landlord/Tenant Law and Evictions During the COVID-19 Pandemic
Advocates are on the front lines of assisting people facing housing insecurity in the wake of the pandemic. Even advocates familiar with eviction procedures and tenant protections prior to the pandemic may have questions about how landlord-tenant proceedings are being handled. This webinar will review post-COVID tenant protections, including the Tenant Safe Harbor Act, Executive Orders and the CDC Moratorium and address how the Courts have been implementing these protections. This presentation is designed for more experienced advocates and is not meant for the general public.
Did you know the CARES Act made charitable contributions tax deductible for more people?

The CARES Act allows taxpayers who don't itemize deductions to take a deduction for up to $300 of charitable contributions made in 2020. According to the IRS "[t]he CARES Act also temporarily suspends limits on charitable contributions." More information about these changes is available on IRS.gov or from your tax professional.