ONE
Update! 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 has 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 online form linked here. To apply and determine eligibility, visit the OTDA website here.
Residents of Hempstead
Residents of Islip
Residents of Oyster Bay
Other Long Islander Towns
Nassau Suffolk Law Services Civil Units have services available regardless of immigration status in both our Nassau and Suffolk offices to eligible tenants up to 80% of the Average Median Income with housing legal issues, including eviction proceedings. 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.
TWO
The United States Education Department released a statement on February 8, 2022 stating they would not seize the tax refunds parents get from the enhanced child tax credit in order to satisfy past due student loan payments. The federal government does not have to go to court to collect on a defaulted federal student loan. The federal government can garnish wages, freeze one’s bank account, garnish social security retirement and disability payments, and seize federal tax refunds without a court order. Nassau Suffolk Law Services has served many clients where the social security disability check is at risk of being garnished by the federal government where the defaulted student loan is more than twenty (20) years old. The good news is there are lots of options to take control of your student loan debt whether it is discharging student loan debt due to total and permanent disability or rehabilitating your student loans to have a reasonable payment plan. More education on this topic can be found at
studentloanborrowerassistance.org. Please note that private student loans are required to sue on a defaulted student loan in order to garnish wages or freeze bank accounts.
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.
THREE
Medicaid recipients be on alert! 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. If Medicaid was authorized for a period ending March 31, 2020 through March 31, 2022, the local district must recertify Medicaid for 12 months, regardless of whether the recipient fails to return the annual renewal forms or respond to for information. (More info:
http://www.wnylc.com/health/news/86/#renewals/disco). If the Public Health Emergency (PHE) is not extended (which is the basis of NYS’s moratorium) then those authorized after March 31, 2022 could be (and probably will be) subject to discontinuances for issues such as lack of paperwork, excess income, etc. If the PHE is extended, then that due date is pushed back an additional 90 days (the PHE last 90 days at a time).
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.
FOUR
Low Income Water Assistance Program Open. The Low Income Household Water Assistance Program (LIHWAP) helps low income households pay the cost of drinking water and wastewater services up to a maximum of $2,500 per drinking water or wastewater provider, or $5,000 if drinking water and wastewater services are combined. The program can assist households who have past due bills (arrears) for drinking water and/or wastewater services. A household may be eligible for a benefit if:
- A member of the household is a Citizen, U.S. National, or qualified alien and
- The household’s gross monthly income is at or below the current income guidelines for your household size as posted in the table below; or
- The household receives Home Energy Assistance Program (HEAP) benefits or
- The household receives Supplemental Nutrition Assistance Program (SNAP) benefits or
- The household receives Temporary Assistance (TA); or
- The household receives Code A Supplemental Security Income (SSI Living Alone); and,
- The household pays a vendor directly for your drinking water and/or wastewater usage and
- The household’s drinking water, wastewater, or combined drinking water and wastewater account is twenty (20) days past the due date, you have a water lien that is levied on your local property taxes, or your drinking water, wastewater, or combined drinking water and wastewater service is terminated or otherwise facing disconnection due to unpaid arrears.
Remember, applicants who are denied or disagree with the amount of assistance for which they were approved have sixty (60) days after receiving their determination to request an appeal. To apply and determine eligibility, visit the
OTDA website here.
