AG James Reminds Landlords to Not Raise Rents

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7 AG James Reminds Landlords to Not Raise Rents If They Accept Pandemic Rental Assistance

NEW YORK: New York Attorney General Letitia James on April 18 issued an advisory to landlords reminding them that they cannot raise rents if they accepted or plan to accept funding from the state’s Emergency Rental Assistance Program (ERAP), which was recently expanded in the state’s budget. Landlords who accept payments from the program are prohibited from raising rents for a year after they receive the funds. Attorney General James is ready to take action to protect tenants if landlords fail to abide by ERAP’s rules. “The rules are clear: Landlords who accept ERAP payments cannot raise rents for 12 months,” said Attorney General James. “This program was created to support struggling tenants and keep New Yorkers in their homes during the pandemic. Landlords who accepted payments from the state yet are still raising rents are double dipping and breaking the law. I urge any tenant who accepted ERAP payments and received a new lease with rent increases from their landlord to contact my office.” ERAP is a rent relief program that provides support to low- and moderateincome tenants across the state who could not pay rent during the pandemic. Since the state started accepting applications in June 2021, it has provided hundreds of thousands of New Yorkers with financial support to pay off back rent. It pays up to 12 months of rental arrears accrued on or after March 13, 2020 as well as up to three months of additional rental assistance going forward. In addition, the program pays up to 12 months of electric or gas utility arrears that accrued on or after March 13, 2020. The program was recently infused with an additional $800 million.

Landlords who accept ERAP payments agreed: •Not to increase the monthly rental amount for one year from receipt of the ERAP payment; •To waive any late fees due on any rental arrears covered by the ERAP payment; and •Not to evict ERAP recipients when their lease expires. This does not apply if the apartment is in a building of four or fewer units and the property owner or owner’s immediate family members intend to immediately occupy the unit for use as a primary residence. The Office of the Attorney General (OAG) has received reports from tenants that landlords who accepted ERAP payments are sending them renewal leases with rent increases amid the 12-month grace period. While these leases may be generated automatically by management, landlords are cautioned not to seek rent increases in renewal or new leases that commence during the 12-month period. “The Emergency Rental Assistance program has been an effective tool in ensuring tenants can remain housed during a global health crisis,” said Meghan Zickl, legal tenant advocate, PUSH Buffalo. “Continuing to fund ERAP is a decision we are relieved the New York state legislature made a priority in the most recent state budget. However, we remain concerned about landlords who will take advantage of this mutually beneficial program and seek to undermine the tenant protections in it by raising the rent during the first year, apply excessive late fees, or even trying to move their tenants out, all while accepting ERAP. We have seen this happen in the prior round of ERAP funding, and we must remain aware of those patterns and address them if our goal is to stabilize our communities.” Attorney General James offers the following tips and guidance to tenants who have received funding from ERAP: •Return leases that have a rent increase. •Monitor your rent statements. Check your rent statements to make sure that your rent hasn’t been increased or that your landlord is charging you late fees for any of the months covered by the ERAP payment. •Do not ignore court papers. Even if your landlord received an ERAP payment or you submitted an ERAP application, do not ignore court papers. •Speak with an attorney. If your landlord is taking you to court or you have questions about your lease, you should speak with an attorney.l

AG James. Editorial credit: a katz / Shutterstock.com

IN THE NEWS

8 Former Brooklyn Supreme Court Justice Sentenced to 15 Months In Prison for Obstructing Federal Investigation of Misconduct at Municipal Credit Union

Damian Williams, United States Attorney for the Southern District of New York, announced on April 20, 2022, that SYLVIA ASH, a former justice of the New York State Supreme Court and chair of the Board of Directors of Municipal Credit Union (“MCU”), was sentenced today in Manhattan federal court to 15 months in prison for conspiracy to obstruct justice, obstruction of justice, and making a false statement to a federal agent. These charges arose from a scheme to impede the federal criminal investigation into fraud and corruption at MCU, a nonprofit, multibillion-dollar financial institution, including misconduct committed by Kam Wong, the former chief executive officer (“CEO”), and Joseph Guagliardo, a former New York City Police Department Officer and member of MCU’s Supervisory Committee. Wong and Guagliardo were charged separately and previously pled guilty to embezzlement from MCU. ASH was convicted in December 2021 after a twoweek jury trial before U.S. District Judge Lewis A. Kaplan, who imposed today’s sentence. U.S. Attorney Damian Williams said: “While serving as a sitting state judge, Sylvia Ash took repeated steps, over multiple months, to seek to obstruct the federal criminal investigation into misconduct at MCU that took place during Ash’s tenure as chair of its Board of Directors. Ash agreed to do so with the now imprisoned former CEO of the credit union, who provided her with a steady stream of benefits from MCU, including after she was directed to resign from MCU’s board. Today’s sentence sends a clear message that those who attempt to thwart a federal investigation face serious consequences for that corrosive conduct.” In pronouncing the sentence, Judge Kaplan said ASH’s “crimes struck at the heart of the criminal justice system.”

ASH’s Obstruction of Justice In January 2018, after Wong, MCU’s then-CEO, had been approached by federal law enforcement agents investigating apparent financial misconduct by Wong, in an attempt to protect Wong, ASH agreed to and did sign a false and misleading memorandum purporting to explain and justify millions of dollars Wong had received from MCU. Wong subsequently provided that false and misleading memorandum to federal agents in an attempt to demonstrate that the millions of dollars had purportedly been orally approved for him to receive by ASH in June 2015, when she was chair of the Board. However, in truth, neither ASH nor the Board had approved the payment of those funds. On March 1, 2018, shortly after Wong was placed on administrative leave by MCU, ASH was interviewed about the memorandum she signed for Wong. During that interview, ASH admitted that the memorandum was not accurate, but attempted to justify the money that Wong received by stating that MCU’s then-current general counsel had told her that Wong’s employment contract gave him the option of receiving such money. That statement was false. On March 13, 2018, ASH was served with a federal grand jury subpoena (the “First Subpoena”), which required the production of documents related to various matters, including Wong’s compensation, and any communications with Wong through the date of the First Subpoena. On April 6, 2018, during a telephonic interview with a federal agent, ASH falsely stated that she did not have any materials responsive to the First Subpoena. On June 8, 2018—after Wong was charged with embezzlement from MCU and the Government executed a judicially-authorized search of the residence of Guagliardo—ASH was interviewed by telephone for a second time about the First Subpoena. During that interview, ASH again falsely stated that she did not have any materials responsive to the First Subpoena. On June 18, 2018, ASH was served with a second federal grand jury subpoena (the “Second Subpoena”), which required the production of, among other things, all correspondence with Wong and Guagliardo; all documents regarding any criminal investigation, internal investigation, or audit related to Wong; and all documents regarding items of value ASH received from MCU, Wong, or Guagliardo. Shortly afterward, ASH went to an Apple store and wiped an iPhone X that Wong had provided her in January 2018. In addition, ASH deleted emails from her Gmail account, including all of her emails with Guagliardo, none of which she produced in response to either of the two federal grand jury subpoenas directed to her. ASH also later wiped two MCU-issued iPads she had received. On July 6, 2018, on ASH’s behalf, her then-counsel produced materials to the Government in response to the Second Subpoena. This production was materially incomplete, and did not contain text messages, emails, and other documents ASH possessed or had under her custody or control that were responsive to the Second Subpoena. On July 9, 2018, ASH attended a voluntary interview with the U.S. Attorney’s Office. During this interview, while accompanied by her then-counsel, ASH made multiple false statements, including repeating false statements regarding her purported conversations with MCU’s former general counsel about Wong’s receipt of cash payments and falsely claiming that she and her aunt took a trip to Las Vegas paid for by MCU, including airfare, lodging, and entertainment expenses, after she resigned because all of her travel arrangements were paid for by MCU before she resigned, when in truth all of the expenses were paid for after she resigned. On or about October 11, 2019, ASH was arrested, and her cellphone was seized. After obtaining a judicially authorized search warrant, ASH’s phone was searched, which revealed, among other things, numerous text messages, including with Wong and Guagliardo, that were concealed in response to the First and Second Subpoenas. In addition to her prison term, ASH, 64, of Brooklyn, New York, was sentenced to a $80,000 fine, and two years of supervised release, including a special condition of twenty hours of community service per week while on supervised release. The court reserved the decision on restitution to MCU. On June 4, 2019, Wong was sentenced to 66 months’ imprisonment for embezzlement from MCU and was ordered to forfeit $9,890,375 and to pay restitution in the same amount to MCU. On July 23, 2020, Guagliardo was sentenced to 27 months’ imprisonment for embezzlement from MCU and was ordered to forfeit $425,514 and to pay $468,189 in restitution to MCU. l

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Damian Williams, United States Attorney for the Southern District of New York. Editorial credit: Ron Adar / Shutterstock.com

Buying a House? What You Need

Buying a house is a long, complicated process with lots of paperwork and steps. Whether you’re buying for the first time or you’ve done it half a dozen times, the process can get overwhelming. But there are plenty of available resources to enjoy so check all the boxes, ask the right questions and end up with a home you love and can afford.

U.S. News and World Report released a Guide to Buying a Home, which walks homebuyers through what they need to know when beginning the process. Start with people. You’ll need:

A real estate agent: Especially for firsttime homebuyers, a real estate agent is critical to making homebuying more pleasant and less stressful. Your agent has a wealth of knowledge about questions you should ask, the timeline, what to look for as you’re looking for houses and more. He or she also will be your negotiator with the seller and handle all the paperwork. You are hiring this person, so look for recommendations from people you trust and don’t be afraid to interview a few agents to find someone with whom you trust.

A lender: You can start with your own bank or talk to your real estate agent about good lenders in your area. Find a lender early, even before finding a house; many sellers won’t entertain an offer if it doesn’t include pre-approval from the buyer’s lender. To get that, you’ll need several documents and a credit check, all of which can take time. In the way of paperwork, you’ll need bank statements for all of your accounts, including retirement accounts, for all the people whose names will be on the loan. You’ll also need income tax returns and pay stubs, as well as documentation for any other income or debts you have. Lenders want to make sure you have the means to make your payments.

Finally, you need to know what you want. Start with your budget; figure out how much you can afford to pay each month, including insurance, property taxes and mortgage insurance and determine how much you can pay up front for a down payment. From there, consider your needs and wants in a house: number of bedrooms and bathrooms, whether you want a garage or a big yard or kitchen, what neighborhood or school district you’d like to live in, the commute to work, and so on. If you're currently on the market for a home, you may want to contact one of our mortgage professionals for more information.We will be happy to meet with you and share our guidance. Schedule an appointment today. Call 888-670-6791. l

Call Equity Smart Realty at 888-670-6791 for a FREE consultation.

Call 888-670-6791

ICE New Guidelines/ continued from page 1 stress level, outbursts, disruptive behavior, and stigma, to mention a few, can often go undiagnosed or disassociated with the effect of the pandemic. Most people recall that everyone was forced to isolate themselves at the pandemic's peak to control the spread of COVID. Research shows that the act of self-isolation and quarantine harm people's mental health. While the short-term impact is somewhat evident and assessed, the jury is out on the longerterm effect of COVID 19 on mental health. Experts have tried to explain that humans are naturally social beings. Any disruption in their natural way of existence comes with a price. In a report by The Lancet Medical Journal, the loss of freedom, separation from loved ones, uncertainty, and boredom sometimes deteriorate an individual's mental health status. Interestingly other works reveal that different age groups display both short and long-term effects in their social behavior due to isolation.

Effect of COVID-19 on Children and Teens Generally, children and parents respond to stress in different ways. Children can experience social isolation, abusive environment, anxiety, and distress differently, with both short‐ and long‐term effects on their mental health. Some of the expected changes associated with the pandemic and observed in children's behavior include – increased annoying behavior, crying, worrying, sadness, short attention span, difficulties concentrating, changes in eating habits, unexplained headaches, and bodily pains.

Effect of COVID-19 on People with Disabilities and Elders Being more prone to COVID, the mandated physical distancing due to the COVID‐19 outbreak at home among family members placed the elderly and disabled persons at mental health risk. Causing them anxiety, distress, and induced trauma which can damage a family system. For the elderly and disabled people living in nursing homes, COVID‐19 can increase their depression, stress, and anxiety, especially among older adults already dealing with mental health issues. Often, they display behavioral changes like irritation, emotional outbursts, shouting, and changes in eating and sleeping habits. For the general adult population, the fear, challenges, and isolation caused by COVID-19 left individuals, families, and communities with effects on their mental health due to the disruption in their routine and relationships.

Effect of COVID-19 on Immigrants A lot of data establishes that clusters of the population with socio-economic disadvantages are more predisposed toward poor health conditions and often suffer from chronic diseases, increasing the risk of comorbidity of these diseases with COVID 19. Immigrants usually fit within such circumstances and are likely to live in sub-standard lodgings, overcrowded homes, and poor housing conditions. Thus, increasing the likelihood of infection because many cohabit as extended families. A combination of poor health conditions, absence of insurance, and underprivileged housing conditions increase the spread of COVID. Yet, such a housing scenario remains a norm for many asylum seekers and refugees. Conversely, many immigrants find themselves in predominantly faceto-face occupations instead of remote, thereby exposing them to the virus. Besides that, they must work in complex and unsafe work environments with hazardous conditions that sometimes foster COVID 19 transmission.

Immigrants and Mental Disorders The World Health Organization (WHO) records that in 2019, there were over 250 million international migrants. They include refugees, asylum seekers, and irregular migrants who often need protection and support. Due to their exposure to various stressful situations before and during their migration journey and after reaching their destination, they often struggle with mental health issues that go unnoticed. During the phase of settlement and integration, noncitizens and immigrants deal with immigration-related stressors. These include social marginalization, language barriers, cultural shock, isolation, anxiety, depression, post-traumatic stress disorder (PTSD), and increased suicidal thoughts and risk among immigrants. Some of these disorders can be higher among migrants exposed to adversity continued on page 11

ICE New Guidelines/ continued from page 10

and refugees, reports WHO. For immigrants that have preexisting psychological disorders or psychosocial problems, any additional stress can cause them to go overboard. In reality, immigrants will benefit from extra care in mental and psychosocial support. Enabling them to integrate into their new society, as migrating from one country to another, evokes stress on individuals as they struggle to adjust to life in a foreign culture and context. Without this recognition and support, life may likely become unbearable for noncitizens with mental disorders. In addition to these challenges, the pandemic may increase cases and symptoms of poor mental health among immigrants leading to dire consequences on their immigration status such as detention, removal, or deportation.

ICE and Immigrants with Mental Health In April 2022, the U.S agency overseeing Immigration and Customs activities, United States Immigration and Customs Enforcement (ICE), shared their new policies to protect further detained noncitizens and other immigrants with severe mental conditions or disorders. The new directive is covered in the agency's 'ICE Directive 11063.2 Identification, Recordkeeping, Safe Release and Communication, and Safe Release Planning for Detained Individuals with Serious Mental Disorders or Conditions,'. Under the new directive, emphasis is made on how to support the vulnerable population through identification, treatment, and monitoring. According to Tae D Johnson, ICE Acting Director, the agency continues its efforts to implement directives and policies that support a humane, fair, and orderly immigration system. He explained that the directive reinforces the agency's existing guidelines regarding treating detainees with a severe mental disorder or condition. The order covers the detainee's removal, transfer, or safe release, as permitted by law. Other areas covered by the new guidelines are summarized as follows: •Ensuring that ICE provides the information relevant to an individual's severe mental disorder or condition to enable an immigration judge to determine the individual's competence in representing themselves in removal proceedings •Introducing additional safeguards before the transfer, release, or removal of individuals with severe mental conditions such as disorders or conditions and/or who are incompetent to represent themselves in removal proceedings •ICE must properly document all critical information regarding the detained noncitizens with a severe mental disorder or condition in specific systems •Consistent with the agency's national detention standards, everyone in their custody should receive a comprehensive examination by a qualified health care professional within 14 days of arrival at a detention facility •And individuals identified as having severe mental disorders or conditions must be provided appropriate treatment and monitoring

The new directive from ICE is undoubtedly a welcome development among noncitizens, especially the more vulnerable individuals and populations with mental health challenges and the aftermath of a lingering pandemic such as COVID-19.l

ICE Acting Director Johnson Photo: ice.gov/leadership

Help for TPS Holders

In December 2019, Trump's administration decided to slightly modify an immigration condition which they described as a 'mere clarification 'that turned into a nightmarish reality for certain immigrants. The clarification sought to eliminate protections for several thousand immigrants covered by the Temporary Protection Status (TPS) beneficiaries. Under the leadership of USCIS Director Ur Jaddou, the U.S. Citizenship and Immigration Services (USCIS) has agreed to restore a path to permanent residency for over tens of thousands of beneficiaries under TPS. Based on the agreement, the victims of the policy will now be able to have their removal order cases reopened and dismissed. Also, eligible beneficiaries will be able to apply for a 'status adjustment' that will enable them to become permanent residents. Overall, the danger of future deportation no longer exists even if TPS protections are revoked. It is a significant concern for many who have lived in the country for a long time and established a new life in various communities.

Legal Assistance To find out if you qualify for this new change in TPS, call 855-768-8845.l

You may be eligible for COVID-19 Treatment

People who have tested positive for COVID-19 may be able to receive outpatient treatment to help symptoms and avoid hospitalization. Treatment works best if you begin it soon after you start feeling symptoms, so get tested right away. Monoclonal antibody treatment is a one-time IV or injection to help fight COVID-19 while your immune system produces its own antibodies. Oral antiviral pills are taken for five days and helps stop the virus and keeps it from replicating, which reduces the amount of virus in your body. There are currently two authorized pills - paxlovid and molunpiravir. Both monoclonal antibody and oral antiviral treatments can reduce your risk of becoming sick from COVID-19 and avoid hospitalization.

COVID-19 treatments are not a substitute for vaccination. COVID-19 vaccination and booster shots remain the best protection against getting severely sick due to COVID-19. If you have COVID-19 symptoms, or if you have tested positive, talk to your doctor, or call 212-COVID19 (212-268-4319).

JOBS & RECESSION

12 Being a Paralegal Is a Great Career Choice!

BY THE CHAMBER COALITION

Acareer as a paralegal (also known as a legal assistant) can be a wonderfully fulfilling profession. Paralegals perform legal , regulatory , and business -related research for lawyers working at their organization. Most of the time, paralegals work for law offices, non-profits, corporations' legal departments, or courts. These professionals also provide legal support services to attorneys. They assist lawyers in filing motions, memoranda, pleadings, and briefs in various court systems and accompany lawyers to see clients and go to court. Here are five great things about being a paralegal:

1. Rise in Pay Paralegal compensation has risen steadily in the past decade. As paralegals perform a broader and more complex range of tasks (paralegals even represent clients in court in certain countries and administrative tribunals), their earnings continue to rise. The average paralegal salary hovers at around $50,000 per year, but paralegals often make more through bonuses. Overtime hours can also add significant cash to a paralegal's paycheck. 2. Explosive Employment Outlook The paralegal field is one of the fastestgrowing professions on the globe. The U.S. Department of Labor, Bureau of Labor Statistics, predicts the employment of paralegals and legal assistants by over 25 percent, much faster than the average for all occupations. Among the factors driving this growth is client demand for cheaper, more efficient delivery of legal services. Since hourly rates charged by attorneys are typically double or triple the rates of paralegals for the same task, law firm economics mandates the increased use of paralegals to minimize costs. As a result, a paralegal career is one of the hottest non-lawyer jobs in the legal industry. 3. Easy Career Entry Unlike lawyers who must complete seven years of formal education and pass the bar exam to practice law, you can become a paralegal in as little as a few months of study.

4. Intellectual Challenge Paralegal work is intellectually challenging and involves a range of high-level skills. The most successful paralegals are problem-solvers and innovative thinkers. Paralegals must become subject matter experts in their specialty areas and master legal procedure, research, drafting, and other skills. They must stay on top of ever-changing laws and new legal trends and developments while interfacing with attorneys, opposing counsel, vendors, staff members, clients, and others. The work is varied, and each day brings new challenges.

5. Rising Prestige As paralegals perform more complex and challenging work, paralegal prestige is rising. Paralegals are no longer simply lawyer's assistants; they assume corporate management roles, leadership roles in law firms, and entrepreneurial roles in independent paralegal businesses. Over the years, paralegals have transcended the image of glorified legal secretaries to become respected legal team members.

Ready to Take the Leap? A career as a paralegal can be rewarding professionally and personally and offers a unique opportunity to help others; options vary, depending on the paralegal's practice area. Paralegals in the public interest sector help poor and disadvantaged segments of the population with legal issues ranging from protection from domestic abuse to assistance preparing wills. Ready to take the leap, the next step? Call us at 718-722-9217 or visit www.freeparalegal.org to complete your registration which includes payment.l

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