Legal Services

Legal Services FAQs

What can the Legal Services Plan do for me?

If you are an eligible member or retiree, a Plan attorney can handle a wide variety of civil matters for you. Representation generally includes consultation with you, legal research, drafting of documents and pleadings, negotiations on your behalf with adverse parties, and, in litigated cases, appearing with the member in court.

Will the Plan handle a problem involving my job?

No. Other personnel, business agents, Division Directors and Deputy Directors, will assist you with job related matters. The Legal Services Plan is designed to help members with legal disputes and transactions that involve matters outside the workplace.

Do I have to pay for Plan services?

You will only have to pay for services if you use more than 50 hours of legal services in a 12 month period. Generally, most cases can be concluded in far less than 50 hours. In all instances, however, members will be responsible for the first $150.00 of court filing fees and other miscellaneous costs such as process server fees. Under the recently instituted Litigation Benefit, the plan covers the next $500.00 of case-related costs.

Can the Legal Services Plan represent me in a matter outside New York State?

Generally not. The Plan is restricted to the greater New York metropolitan area and does not include New Jersey, Connecticut or Pennsylvania.

How do I arrange to see a Plan lawyer?

You simply call the Legal Services Plan at (212) 924-1220 and you will be given an appointment, provided you are eligible for services and your problem is a covered matter. On the date and time of your appointment, you will meet with a lawyer or a legal assistant at the Plan's offices in the Union Headquarters at 216 West 14th Street, New York, New York.

Do you know where I can get some legal advice about a problem not connected with the job?

Members should call the Legal Services Plan at (212) 924-1220 to see if the Plan can provide advice, representation or assistance.

Eviction Moratorium ends on January 15, 2022

The Eviction Moratorium ends on January 15, 2022 for those who have signed Hardship Affidavits. But members who owe back rent can still get help and gain time!

If you file or have filed an application for EMERGENCY RENTAL ASSISTANCE PROGRAM (ERAP), any eviction proceeding will be postponed until your application is reviewed.

ERAP can grant as much as a year of back rent, utility payments, and three months of future rent. APPLY even if the website says that funds may not be available:

https://otda.ny.gov/programs/emergency-rental-assistance/#apply

Before clicking the “APPLY FOR ERAP” button, Renters should have:

- Personal ID

- SSNs for any household members who have been issued one. (Lawful immigration not required)

- Proof of rental amount - signed lease, even if expired. If no lease is available then proof can be shown through a rent receipt, canceled check or money order. If no documentation is available, landlord attestation will be accepted

-Proof of residency and occupancy - Signed lease, rent receipt, utility bill, school records, bank statement, postal mail with name of applicant, insurance bill, or driver license. Proof should be current.

-Proof of Income - Documents demonstrating monthly income for the prior month, such as pay stubs, bank account deposit verification, unemployment benefits letter, or other proof like W-2, 1040 and other tax forms. Self-attestation through a written and signed statement of income is permitted in certain circumstances where no documentation is available such as certain self-employment.

-Copy of gas or electric utility bill - if applying for help paying for utility arrears at the same rental unit.

-Applicants will be asked to attest that on or after March 13, 2020, a member of the household received unemployment benefits or experienced a reduction in household income, incurred significant costs or experienced other financial hardship, directly or indirectly, due to the COVID-19 pandemic. The applicant will need to sign the application form and associated certifications agreeing that the information provided in the application is accurate.

- A more detailed checklist is available in 11 languages here: https://otda.ny.gov/programs/emergency-rental-assistance/#apply
but DON’T WAIT! You can always add documents to your application later.

Here is a list of groups who help renters applying for ERAP in NYC:
https://www1.nyc.gov/site/hra/help/new-york-emergency-rental-assistance-program-erap.page

Renters can also apply for a One Shot Deal by calling 311 or through ACCESS HRA: https://a069-access.nyc.gov/accesshra/

If you get legal papers from your landlord, call the Legal Services Plan at (212) 924-1220.

The Family Court is accepting child support modification petitions by email

Petitions can be emailed to NYFCSupport@nycourts.gov or sent by U.S. mail addressed to the appropriate county Family Court, or by calling 212-343-1122 (LIFT), 646-877-6050 (OCSS), or 646-386-5299 (Family Court) for assistance.

Your petition date will be recorded by the court, although they are not yet scheduling actual hearing dates. The petition date is an important date for securing your relief. So, although you may not see a Support Magistrate right away, your claim for modification, when heard, will go back to the date of filing the petition.

Updates on New York City Family Court and Child Support Services can be found on the HRA Child Support Services website.

JANUARY 15, 2022 END OF FORECLOSURE MORATORIUM

Homeowners in New York State who have experienced decreased income or increased expenses due to the COVID-19 pandemic can apply to The New York State Homeowner Assistance Fund (NYS HAF) for up to $50,000 in assistance. Eligible applicants must currently own and occupy the property as their primary residence. To be eligible under the NYS HAF program, homeowners must attest to the fact that they had a financial impact caused as a result of the COVID-19 pandemic. This means either a meaningful reduction in income or a meaningful increase in expenses as a direct result of COVID.

NYS HAF is taking applications online at www.nyhomeownerfund.org/apply-now. You can also contact NYS HAF by phone at 844-77-NYHAF (844-776-9423).

You should apply for this program if you are a homeowner who is at risk of default, foreclosure, or displacement as a result of a financial hardship caused by the COVID-19 pandemic This includes homeowners who are:

•   Behind or in forbearance on their mortgage (even if it was recently modified)
•   In default on a reverse mortgage
•   Behind on property taxes, water, or sewage bills
•   Behind on monthly maintenance charges for a condo or coop apartment

This is a federally funded program with limited resources. NYS HAF expects to receive significantly more applications than can be funded by the program. You are advised to apply as soon as possible.

237 Legal Services Plan Deputy to Serve on Landlord Tenant Committee

The New York State Bar Association has convened a working group to deal with the expected surge in landlord tenant disputes due to the COVID-19 pandemic. Former New York Chief Judge Jonathan Lippman has tapped Sara N. Wagner, Esq., Assistant Director of Local 237 Legal Services Plan to be a committee member.

Ms. Wagner is also the chair of the New York City Bar Association Housing Court Committee. She continues to work tirelessly to be a strong voice for our member tenants. The working group will evaluate and recommend alternative systems to resolve landlord tenant disputes. The Housing Courts have been closed for all but mostly essential filings since mid-March. All evictions have been stayed until August 20, 2020. The Courts are anticipating a flood of cases once they open for new filings and this working group will aid with novel ideas to help deal with the thousands of potential new cases.