ANNUAL REPORT
KRISTIN BROWN
PRESIDENT & CEO
EMILY WHALEN, ESQ. BOARD CHAIR
2023 BOARD OF DIRECTORS
Emily E. Whalen, Esq., Chair Brown and Weinraub
Kristen M. Clark, CPA, FHFMA, Treasurer The Bonadio Group
John S. Ho, Esq., Secretary Cozen O’Connor
Juan Gabriel Genao, External Affairs Chair KPMG US
Hilary L Moreira, Esq , External Affairs Co-Chair Bond Schoneck & King PLLC
Deborah P. Amory, PhD Empire State College
Kevin S. Beckford GRYT Health
Lola W. Brabham
Commission on Independent Colleges and Universities
Fannie Glover
Early Care & Learning Council
A MESSAGE FROM OUR PRESIDENT & CEO
Friends,
AND BOARD CHAIR
We are excited to share a look back at Empire Justice Center’s work on behalf of client communities in 2023. Over the past year we used our 360 degree approach to systems change – teaching, practicing and changing the law - to guide our expansion into multiple new areas. Our incredible advocates trained over 10,000 individuals to support the provision of high quality legal services, worked with co-counsel to pursue litigation and in coalition to pass laws that support New York’s social and economic safety nets And we opened a second office on Long Island to be better able to work with our colleagues and clients in Nassau County.
Empire Justice Center’s mission is to make the law work for all New Yorkers – we won’t stop until we get there together! Happy reading!
The following board members served during the term January 1, 2023 - December 31, 2023.
Peter Elkowitz, Jr. Long Island Housing Partnership
Erin Elmouji, Esq. Weaver Mascuso Brightman PLLC
Nancy Englehardt
Darcie A. Falsioni, Esq. Falsioni Law, PC
Tina M Foster JustCause
Vanessa E. Gonzalez In our Own Voices, Inc.
Ginette Rows, RN YAM Community Resources, Inc.
Megan Sherman, Esq. Planned Parenthood Empire State Acts
Junior Dillion, MA, LMHC, PhD Volunteers of America Upstate New York
WE
MAKE
THE LAW WORK
Empire Justice Center is a statewide, non-profit law firm dedicated to making the law work for all New Yorkers using a powerful, 360-degree approach through three interconnected areas of service.
We teach the law by providing training and technical assistance to other advocates and to members of the community. We practice the law by providing free, direct civil legal services to clients in need. We change the law by engaging in legislative and administrative advocacy on issues that affect under-served communities, working collaboratively with our partners.
WE TEACH THE LAW
Hosted over 185 trainings in nine substantive law areas
Trained more than 10,000 advocates, empowering them to better serve their client communities
Issued over 900 Continuing Education Credits (CLEs) for practicing New York State lawyers
WE PRACTICE THE LAW
Litigated 10 high-impact cases, protecting the rights of 776,000 New Yorkers
Returned more than $7.43 million in back award and settlements and $36,000 in monthly benefits to low-income New Yorkers
Directly empowered, assisted, and supported over 4,100 people in New York State
WE CHANGE THE LAW
Submitted over 78 pages of expert testimony across six Joint Budget Hearings
Provided expertise on over 40 individual pieces of legislation affecting low-income New Yorkers
Secured more than $232 million in funding for essential programs serving crime victims, people with disabilities, New York State homeowners, and more.
2023 LEGAL REPRESENTATION
In 2023, Empire Justice Center provided civil legal aid directly to individuals in these areas of law:
IMPACT LITIGATION CASES
Ensuring accessibility to essential programs and services for Suffolk County residents
NEWKIRK V. PIERRE CLASS ACTION SUIT
Everyone should be able to access the public benefits programs for which they qualify. However, for years, residents with disabilities in Suffolk County have been unable to access the reasonable accommodations they need to participate in public programs such as Medicaid, SNAP (food stamps), Temporary Assistance, and Temporary Housing Assistance. To resolve this critical issue, Empire Justice Center and National Center for Law and Economic Justice (NCLEJ) filed a class action lawsuit on behalf of Suffolk County residents, with the goal of committing the Suffolk County Department of Social Services (SCDSS) to ensuring better access. We were successful, and the settlement agreement requires the agency to update and train staff on its accessibility policies, create better tracking mechanisms for accommodation requests, including urgent or time-sensitive ones, and makes clear the right of applicants and recipients to file grievances.
Guaranteeing that car ownership no longer disqualifies New Yorkers from public benefits
STEWART V. ROBERTS CLASS ACTION SUIT
In areas that lack adequate public transportation, which includes most of New York State, a car is not a luxury, but a necessity. The value of the vehicle you need to get to work, to transport your children safely to daycare, or to take your family elders to doctor’s appointments should not impede your access to public benefit programs. For thousands of New Yorkers, this was their reality - they were denied crucial public assistance because their car counted as a disqualifying resource. After eight years of litigation led by our Public Benefits team, in collaboration with partners from Legal Services of Central New York, the National Center for Law and Economic Justice, and Dentons LLP, the court has finally recognized this wrong and has approved relief for individuals who were denied public assistance because of their vehicles. Applicants with little to no equity in their car will no longer be denied public assistance because they simply own a vehicle, while many who were erroneously denied as far back as 2015 will be eligible for corrected benefits.
TEACH THE LAW
Addressing Intimate partner violence in Transgender, gender non-conforming, and nonbinary communities
Many people falsely assume that intimate partner violence (IPV) only happens to cisgender women. In reality, anyone can experience control, threats, abuse, or violence from a current or former intimate partner. In fact, studies show us that transgender, gender non-conforming, and nonbinary (TGNCNB) people experience this type of abuse at similar or even higher rates compared to their cisgender counterparts, especially TGNCNB People of Color. Too often, IPV services are designed only with cisgender women in mind and as a result, some TGNCNB victims may have a negative or hurtful history of interactions with service providers. To foster more welcoming spaces, our LGBTQ rights and domestic violence practice groups collaborated to create a Know Your Rights guide on shelter access for TGNCNB people. The guide helps New Yorkers better understand what intimate partner violence may look like, what program resources are available for help, and what rights are available if someone is discriminated against or denied access to services because of their gender identity or gender expression.
Providing Language Justice training to empower BIPOC deaf students with leadership training
Our Language Justice Program provided a leadership presentation to BIPOC Deaf Students at National Technical Institute for the Deaf (NTID), the first and largest technological college in the world for students who are d/Deaf or Hard-of-Hearing. This training brought the experiences of Limited English Proficient (LEP) families and highlighted the shared struggles facing LEP and d/Deaf and Hard-of-Hearing people, and sought to build community and to foster the future of Language Justice leadership. The program was a huge success, and our staff was requested to return to provide a similar training to more students.
TEACH THE LAW
Launching a website to support self-represented New Yorkers in administrative hearings
When an individual’s benefits are reduced, discontinued, or their application is denied, there is something they can do - they can request a Fair Hearing, which gives them an opportunity to make their case before a judge. However, this process can be intimidating. According to New York State Office of Temporary and Disability Assistance’s (OTDA) Annual Report, 155,662 hearings were requested in New York State in 2022 (123,990 in New York City alone). Ninety-seven percent of Appellants are not represented by counsel.To support the tens of thousands of people who request a Fair Hearing each year, Empire Justice Center partnered with the Legal Aid Society, New York Legal Assistance Group (NYLAG) and Columbia Law School’s Lawyering in the Digital Age Clinic, to launch Fair Hearing Help NY https://fairhearinghelpny.org/
The site, a free, virtual legal resource for New Yorkers who are representing themselves at administrative hearings with OTDA provides crucial guidance to people going through the process. It helps them understand nuanced procedural rules so that they aren’t faulted for a simple mistake, and empowers low-income New Yorkers with the tools they need to assert their rights. This tool will help ensure that people can access essential needs, such as food for their families and medical care, for years to come.
PRACTICE THE LAW
Securing years of retroactive benefits for a struggling New Yorker
When our client first came to us for help with his disability claim, he brought with him a horrible experience with his former attorney. The national disability firm he worked with did very little on his case, but they did stand to receive thousands of dollars from his back pay. He chose to retain us for the next step of his journey, and with our advocacy, the Appeals Council reversed the judge's initial decision and issued a fully favorable decision. The likelihood of receiving a reversal from the Appeals Council is very small – so small that in 2021 only 1% of appeals ended this way. Our client, whose housing has been unstable for several years, plans to buy his first home with his three years of retroactive benefits.
Allocating surplus funds to secure a family’s future
When a client reached out to Empire Justice Center’s Foreclosure Prevention Unit, she had just been evicted and was facing homelessness. Our staff quickly identified that she had unclaimed funds resulting from the sale of her foreclosed home. When a foreclosed home is sold for more than the homeowner owed, that homeowner is entitled to the remaining, surplus funds. Unfortunately, the process to claim those funds is complex, and many homeowners are unaware of it. She received her check for $22,418.16 and plans to use it to prepay rent on a condo for herself and her children, marking the first step toward reclaiming her life.
Supporting a mother’s fight for her daughter’s health
In 2004, a 42-year-old single mother fled gang violence in her home country of El Salvador to seek safety and a better life in the United States for her then 2-year-old son and herself. In 2006, she had a daughter born in the US with health problems. Given her daughter’s complicated health problems, her mother’s greatest fear had always been being forced to return to El Salvador, where her daughter's needs would not be met. Empire Justice’s Immigration team believed in her right to stay in the United States and prepared a detailed brief showing how much harm her daughter would face if they had to return to El Salvador. Without needing further testimony, the Government prosecutor decided to terminate the proceedings. This outcome means that she can focus on giving her daughter the care and stability she needs, without the constant fear of deportation.
CHANGE THE LAW
Securing reimbursement for low-income New Yorkers victimized by EBT card fraud
Thousands of low-income New York households have been victimized by skimming, which occurs when electronic benefit (EBT) card data is stolen at point-of-sale terminals. Skimming has resulted in families losing hundreds or thousands of dollars in food stamps, cash assistance, and other benefits. Currently, the EBT cards used by recipients of SNAP and cash assistance do not have basic fraud-prevention safeguards that are industry standards for commercial credit and bank cards, like EMV chips. Also, unlike credit and debit card users, when EBT card holders’ money is stolen, users are not reimbursed, leaving vulnerable families without funding to pay for food and other necessities of life. Thanks to advocacy by Empire Justice’s Public Benefits and policy team, we secured a commitment from the governor and state legislature to reimburse victims of benefits skimming.
Eliminating notary requirement in civil cases to reduce barriers to justice for low-income New Yorkers
For decades, New York State law required litigants in civil proceedings to have their documents notarized. This requirement was not only burdensome, but it also posed a barrier to justice that disproportionately affected low-income and underrepresented individuals, especially in communities of color. Having documents notarized often costs money, and it requires people to travel to the notary during standard working hours. This year, Empire Justice Center is thrilled that our advocacy has paid off with the passage of S.5162 (Hoylman-Sigal) / A.5772 (Lavine) which removes this notary requirement, striking down a long-standing barrier to justice for New Yorkers.
Expanding tax credits for working families
Empire Justice Center’s 2022 tax credit advocacy on behalf of working families came to fruition this year, when the state budget expanded the Empire State Child Tax Credit to cover children 0-3. During our 2023 tax season, we had nearly 200 clients with 225 children who were newly eligible for the credit because of this change in policy. These clients received a total increase of $58,684 in credits, and an average increase in refunds of $301 per household.
CASH (Creating Assets, Saving, and HOPE) operates free, high-quality tax preparation sites throughout Monroe County. IRS-certified volunteers prepare and electronically file federal and New York State tax returns for free. CASH also provides year-round financial advice and access to education and other resources that fulfill basic needs to help people plan for their financial future.
Over the past year, CASH has incorporated stronger language access practices into the model, employing bilingual staff, the first Deaf seasonal staff member, and retaining the services of ASL interpreters for in-person interpretation services.
In 2023:
3,006
FAMILIES WHO FILED TAX RETURNS
5,291
VOLUNTEER HOURS
$6.57M
TOTAL TAX REFUND DOLLARS REINVESTED INTO LOW-INCOME WORKERS
NEW PROGRAMS AND PRACTICE UNITS
Student Debt Counseling
Empire Justice now offers student debt counseling and has become a proud member of the Education Debt Consumer Assistance Program (EDCAP). EDCAP strives to assist federal and private student loan borrowers across New York State in effectively managing their education debt and improving their financial health through free, unbiased, one-on-one counseling. We hired one of the first counselors outside of NYC to provide direct assistance and counseling to student loan borrowers. EDCAP empowers borrowers by determining their best repayment plan, providing access to loan forgiveness, cancellation and discharge programs, applying for consolidating, deferment, and forbearance, getting out of default to prevent wage garnishments, social security offsets and tax intercepts, mediating issues with loan servicers and lenders, and obtaining referrals for other services and resources to address additional needs.
School Discrimination
Our School Discrimination Project has built a reputation across the state as a critical resource for advocates addressing school discrimination issues. Through our helpline, we provide information to students and the families of students who may have experienced school-based discrimination, which includes harassment, bullying and other forms of discrimination based on race, color, religion, disability, national origin, sexual orientation/expression, sex, and age. We provide free legal advice and counsel and assistance helping callers navigate their options.
Police Reform Project
Our Police Reform Project promotes equity, antiracism, and social justice within established criminal justice systems such as law enforcement departments and institutions of pre-trial incarceration. To move towards these goals, we partner with organizations, community groups, and impacted individuals to understand the needs of communities; educate the public about their legal rights and systemic inequities; develop policy positions; engage in strategic communication with organizational leaders; lobby to achieve greater fairness and equity in legislation; and engage in targeted litigation.
NEW PROGRAMS AND PRACTICE UNITS
Unaccompanied Minors Program
With funding from the Acacia Center for Justice, we represent unaccompanied minors in the Office of Refugee Referral (ORR) custody in Westchester, Putnam, Dutchess and Rockland counties, and provide representation and other related legal assistance to unaccompanied minors residing in the Children’s Home of Poughkeepsie. This represents a significant expansion to our Immigration practice.
Undocumented Tenant Program
The New York State Emergency Rental Assistance Program (ERAP) provides significant economic relief to help low- and moderate-income households at risk of experiencing homelessness or housing instability by providing rental arrears, temporary rental assistance and utility arrears assistance. We partner with Nassau Suffolk Law Services (NSLS) to provide eviction prevention and ERAP services to undocumented immigrants on Long Island, whom NSLS is unable to represent due to funder restrictions. NSLS subcontracts with us to provide tenants advice and counsel, eviction prevention services and assistance with applying for ERAP funds.
NEW PUBLICATIONS AND REPORTS
Examining the disparate use and impact of police pretext stops on communities of color
As we seek to promote justice within established criminal justice structures, we identified an initial area of focus of the Police Reform Project - pretext stops. A pretext stop is when a police officer stops a motorist, cyclist, or even a pedestrian, for a minor offense – like not having a bell on a bicycle or having something hanging from a car’s rear view mirror – when the real reason for the stop is something else. That reason may be that the officer is simply suspicious of the person, but otherwise lacks a legal basis to stop them, or it may be an illegal reason, like racial profiling. Our report, “Stop the Stops the Disparate Use and Impact of Police Pretext Stops on Individuals and Communities of Color,” explains the laws of pretext stops, reviews studies that establish there are racial disparities in who gets stopped, addresses the harms to communities and individuals within the communities in which these stops are conducted, discusses pretext stops in the Greater Rochester area and more.
Read the report
Addressing Housing Instability and Homelessness in New York State
Empire Justice’s Public Benefits team released a report demonstrating the profound inadequacy of the shelter allowance portion of the public assistance monthly grant for low-income New Yorkers. The Report, “No Keys to Safe and Decent Housing in New York’s Safety Net: The Inadequacy of the Public Assistance Shelter Allowance and Rental Supplements,” includes the story of our client Jane, who is unable to work and receives a total of $440 in assistance each month. The cheapest housing she could find in Rochester, a bed in a rooming house with multiple violations, costs $430/month. This leaves her with $10/month for all other expenses. The shelter allowance has not been updated since 2003 for households with children, and since 1988 for households without children. This report also documents the extent to which state-funded rent supplement programs fail to solve the problem of the inadequate shelter allowance and provides recommendations for improvements to public assistance and rent supplement programs to address these problems.
Read the report
CELEBRATING OUR TEAM
Empire Justice staff members received awards and recognition for their tenacious advocacy and outstanding service to the people of New York.
AmySchwartz-Wallace
NewYorkStateBarAssociation’sLGBTQ+Vanguard Award
YvershaRoman
ATHENAYoungProfessionalAwardNominee
CherylKeshner Women’sDiversityNetworkHonoree
JillPaperno
AdolphRodenbeckAward;LegalExcellenceAward Honoree;BoardmemberoftheOfficeofIndigent LegalServices
MaggieRobb
ElectedMonroeCountyBarAssociationFoundation President
LettieDickerson
JasánM.WardCommunityAdvocacyAward
KristinBrown
WilliamE.ByronEqualJusticeAward
KatieBlum
MonroeCountyBarAssociation’sLeadership Academy JordanDaniels
CommunityFoundationfortheGreaterCapital Region’sLeadershipProgram
CONNECT AT THE CAPITAL
On November 30 and December 1 2023, Empire Justice Center co-hosted the second annual Connect at the Capital. This event was designed to connect advocates, practitioners, and policy members to advance the objectives of our HOPP Building Equity Initiative. By equipping advocates with the necessary tools, we empower staff across the state to address systems of discrimination in homeownership, and ensure that HOPP services are effective, equitable, and inclusive for all New Yorkers.
THE PROGRAM
Over 17 hours, 2 days, advocates had 9 hours of trainings and 275 CLE credits were issued Panel discussion on barriers to homeownership protections for Black and Brown homeowners from field experts
Keynote address from Leah Rothstein, introduced by Chris D’Angelo from NY Office of Attorney General
THE ATTENDEES
191 attendees, 50 more than last year
65% housing counselors, 35% attorneys 35% from NYC, 65% from rest of the state Advocates traveled from every corner of New York as well as from Florida, Minnesota and Colorado
100% of attendees answered that they would recommend the event, based on their experience.
Hosted by Empire Justice Center & Center for NYC Neighborhoods with support and funding by Attorney General’s Office
THANK YOU, SPONSORS!
2023 statewide convening of HOPP advocates
Honored and grateful to be named Cy Pres award recipient
Empire Justice Center is humbled and grateful to be named the Cy Pres Award recipient of an $81,000 cy pres award from a case settling claims of minimum and overtime pay violations by Richemont North America. We congratulate the legal teams at Tabner, Ryan and Keniry, LLOP (Albany, NY) and Wilshire Law Firm, PLC (Los Angeles, CA), and are grateful to be recognized for the work we do on behalf of lowincome New Yorkers.
Expanding Partnerships to announce the Fund for Justice
The Telesca Center for Justice partners - Empire Justice, JustCause, The Legal Aid Society of Rochester, and LawNY - formally announced the expansion of our longstanding partnership, which has ensured access to justice for hundreds of thousands of people in Rochester and throughout Monroe County for decades.
The expanded partnership includes a collaborative fundraising and development effort – the Fund for Justice – to raise awareness and funds to empower a community where stability and fairness reverberate to all people, in all neighborhoods, and in all homes.
Krystal Bertrand, the Development Officer for the Fund for Justice, is the first joint position hired by the Telesca partners.
To learn more about the Telesca Center and the Fund for Justice, visit telescacenter.org
WITH GRATITUDE...
Because of your support we were able to move quickly and aggressively in response to changes in laws and regulations that affect the lives of low-income people.
Individual Support
This listing reflects gifts received or dated between the period of January 1, 2023 through December 31, 2023. The giving level acknowledges the total aggregate donations during this time period. Gifts received or dated after December 31, 2023 will be recognized in the 2024 Annual Report.
$20,000
Alan Deckelbaum and Beth Zweig
$5,000 to $9,999
Marisa Antonelli
Susan and Robert Touhsaent
$1,000 to $4,999
Kristen and Jeffrey Clark
Judy and David Gilberg
In memory of Hanna Cohn
Kenneth Harbison
Mike Hudson
Patrick Macey
The Meier Law Firm
Steve Carper and Linda Saalman
Marc and Deb Solomon
$500 to $999
Joseph Cohn and Amy Choskey
In memory of Hanna Cohn
Larry and Sandy Cohn
In memory of Hanna Cohn
Timothy Davis and Mary Ellen West
Erin Elmouji
Rachel Glade
Joy Blumkin and Lew Golinker
Linda R Hassberg and Douglas Koritz
John Tritten
Emily Whalen
$250 to $499
Joan Amory
Anonymous Donors
Alan Block
Brian Curran
Anne Erickson
Toni D and Dwight Greenlee
Harry P and Linda Messina
Betsy Naumburg, M D and Carl
Hoffman
Van Thai
$100 to $249
Jenny Amory
Anonymous Donors
Roger Bearden
Kristin Brown
Eileen Buholtz, Esq.
David Cohn and Eve Collen
In memory of Hanna Cohn
Pamela Dayton
Jonathan Feldman
Stephanie Fix
Nadia Gareeb
Rita Garretson
Logan C. Geen
Fannie Glover
Simeon Goldman
Melvyn and Phyllis Halper
John Ho
Kristi Hughes
Diane Ives
Jen McAllister
James E and Pamela Metzler
James Mickles
Dave A Munro and Eileen M.
Hoffman
Ellen Oberton
John O’Connell
Patricia I O'Neill and Robert
Devilleneuve
Elizabeth Ormond
Cassandra Rich
$100 to $249 (Cont.)
Robert Robbin
Priscilla Rodriguez
Robert Ross
Leslie Salzman
Lisa Santelli
Melinda Saran
Melissa Schiff and Steve Sulkes
Megan Sherman
Richard and Janet Spencer
Lauren Tobias
John and Barbara Van Kerkhove
Sam and Robin Young
$1 to $99
Deborah Amory
Mohammad Ayash
Jennifer Barkan
Frederic Buse
Steve and Stephanie Cohen
Luiz Gustavo Dos Santos
Nancy Engelhardt
Dawn Footer
Vanessa Gonzalez
Russ Haven
Laura Kaplan
Tiffany Lee
Mark Mayo
Charles McLaud
Fowad Muneer
Lauri Rosmarin-Plattner and Robert Plattner
Douglas Potter and Gregory
Partridge
Lisa Powers
Molly Snyder
If we omitted or misspelled your name, please accept our apologies and contact Kristi Hughes, Chief Operating Officer at khughes@empirejustice.org
WITH GRATITUDE...
Because of your support we were able to move quickly and aggressively in response to changes in laws and regulations that affect the lives of low-income people.
Government Support
City of Rochester
NYS Interest on Lawyer Account Fund (IOLA)
NYS Office of the Attorney General
NYS Department of State
NYS Department of Criminal Justice Services
NYS Office for the Aging
NYS Office of Child and Family Services
NYS Office of Court Administration
NYS Office of Temporary and Disability Assistance
NYS Office of Victim Services
US Department of Treasury
Internal Revenue Service
US Office of Minority Health
Foundation, Organization and Corporate Support
Amalgamated Bank
Canandaigua National Bank & Trust
ESL Foundation
Farash Foundation
Genesee Co-op FCU
Greater Rochester Health Foundation
Hannah S. Cohn and Samuel A.
Cohn Memorial Foundation
Harris Beach, PLLC
JPMorgan Chase Foundation
KeyBank Foundation
Monroe County Bar Foundation
M&T Charitable Foundation
New York Bar Foundation
Paralegal Association of Rochester
Paychex Foundation
Rochester Area Community Foundation
Rochester Women’s Giving Circle Fund, RACF
United Way of Greater Rochester
Wilson Foundation
Subcontracts with other Agencies Community Service Society
JustCause
Legal Action Center
Legal Aid Society of Rochester
Nassau Suffolk Law Services
Planned Parenthood RESTORE
Center for Elder Law and Justice
2023 FINANCIALS
These financials cover the fiscal year January 1, 2023 - December 31, 2023.
Support & Revenue Expenses
Summarized Statement of Activities Summarized Balance Sheet
Support & Revenue Assets
Expenses
Liabilities & Net Assets
1,942,662
2,704,616
4,647,278