Memorandum in Support/Opposition

Empire Justice Memo of Support: Ensure Fairness in New York’s Foreclosure Process
This bill requires certification to be filed up front with the summons and complaint. The certificate must verify that the lawyer has reviewed the facts of the case and verified with the plaintiff that there is a “reasonable basis” for filing the lawsuit. Read More

Empire Justice Memo of Support: Ensure that Welfare Recipients are Not Punished for Being Disabled
Far too often, public assistance clients are sanctioned for non-compliance with work-related activities, yet the non-compliance is due to a unknown disability, child care problem or transportation difficulties. Empire Justice Center supports A.2669/S.4830, which will protect against unwarranted sanctions due to a disability. Read More

A Call for Transparency and Accountability When Liens are Placed on the Homes of Welfare Recipients
Currently, local social services districts do not provide the homeowner with an accounting of the amount of public assistance paid nor the amount of the accrued debt or credits made against the home. Read More

Empire Justice Memo of Opposition: Don’t Require Unproven and Burdensome Biometric ID Program for Medicaid
This bill, if enacted, would require the Department of Health to implement a program requiring the use of biometric technology by clinics, pharmacies and hospitals participating in New York’s Medicaid program to identify Medicaid recipients at the point of being seen by clinical staff and again upon completion of care or services. Read More

Memorandum of Support: Amend Social Services Law § 106 to Protect the Homes of Welfare Recipients
New York is one of only two states in the nation that takes deeds and mortgages against the homes of welfare recipients to recover the public assistance paid to these homeowners. This bill would exempt persons who own and reside in one, two or three family homes from this archaic provision. If the goal of New York’s public assistance policy is to restore individuals to self-sufficiency, then it is time to pass this bill! Read More

Empire Justice Memo of Opposition: New Yorkers Would Be Harmed If Check Cashers Became Lenders
This bill would exempt New York check cashers from the state’s usury protections and permit them to make high-cost, unsafe, small-dollar loans. We believe the bill would create an unlevel playing field by allowing check cashers to make loans that are currently prohibited from being made by mainstream, regulated banks and credit unions. Read More

Empire Justice Memo of Support: Prohibit and Protect Domestic Violence Victims from Being Charged with Violating Orders of Protection Issued on their Behalf
Holding someone other than the enjoined party liable for violation of the order of protection not only offends the most fundamental due process guarantees of notice and the opportunity to be heard, but also state law prohibitions against the issuance of mutual orders of protection absent proper jurisdiction. Read More

Empire Justice Memo of Support: Provide a Fair and Realistic Automobile Resource Rule
This bill will raise the resource level for automobiles to a uniform $9,300 and thereby permit low income families to own reliable cars under all circumstances. Read More

Empire Justice Memo of Support: Disregard a Teen’s Earnings When Determining Child Care Eligibility
This bill would add a new subdivision to Social Services Law 410-w which would require that the earned income of a child under the age of 21 be disregarded when determining the eligibility of a household for a child care subsidy. Read More

Empire Justice Memo of Support: Require Local Districts to Credit the Minimum Wage Value of Workfare when Recovering Properly Paid Public Assistance
When an individual works off his or her grant by participation in workfare, it is only fair that the value of that work be credited against any recovery that the local district is entitled to make. Read More

Empire Justice Memo of Support: Support Access to Education and Training for the Poorest New Yorkers
This bill provides that four year college can be counted as part of a public assistance recipient’s work activity, and that where a recipient makes a reasonable and appropriate request to be assigned to a particular activity, that request should, where feasible, be granted. Read More

Empire Justice Memo of Support: Provide a Person’s Treating Doctor with the Appropriate Role in Determining Whether They are Employable
This bill would require that, subject to certain criteria, the treating practitioner’s opinion would be “generally controlling” in the determination of employability. Read More

Supplemental Memo of Support: The Appeal Rights Provided in A.4996 Do Not Violate Federal Law
A.4996 seeks to clarify due process protections for this vulnerable population and ensure that dual eligibles mandated into the MLTC Program have the same procedural rights to notice and fair hearings as other Medicaid recipients. Read More

Protect Family Health Plus in the Budget
The Executive Budget would eliminate Family Health Plus, a program that has served as a lifeline for low income workers in New York State for over a decade. Read More

Empire Justice Memo of Support: Support Transparency and Accountability in Charity Care Funding
This year, if the charity care allocation methodology does not change, New York could lose hundreds of millions in federal DSH funding. Read More

Empire Justice Memo of Support: Child Care Subsidies for Parents who Work the Night Shift
This bill would add a new subdivision to Social Services Law 410-w and would require that when a parent with a young child is otherwise eligible to receive a child care subsidy, and works the night shift, the local district should authorize a subsidy so that the parent can sleep. Read More

Empire Justice Memo of Support: New York State is Long Overdue for an Increase in the Minimum Wage
Empire Justice Center strongly urges the New York State Legislature to pass legislation that increases the minimum wage. Read More

Empire Justice Memo of Support: ACT NOW to Give Families and Child Care Providers Time to Plan for a Change in their Child Care Subsidy
This bill requires that social services districts notify the Office of Children and Family Services (OCFS) 90 days before the effective date of a planned reduction in eligibility or increase in copayments for child care assistance. Read More

Empire Justice Memo of Support: Improve Access to Education and Training to Improve Employability for New Yorkers Receiving Public Assistance
This bill provides that four year college can be counted as part of a public assistance recipient’s work activity, including time spent studying and preparing for class, as long as the student maintains a cumulative C or equivalent average. Read More

Empire Justice Memo of Support: Ensure Due Process for Consumers in Medicaid Managed Long Term Care Program
This bill seeks to clarify due process protections for this vulnerable population and ensure that dual eligibles mandated into the MLTC Program have the same procedural rights to notice and fair hearings as other Medicaid recipients. Read More

Target Child Care Dollars to Support Low Wage Working Parents
Child care is in crisis. There are not enough dollars available to serve both eligible working families and families on public assistance who are provided a guarantee of child care when they are required to participate in job search or workfare. Read More

Empire Justice Memo of Support: Fully Disclose that Public Assistance is a Debt
This bill takes an important first step towards clear notification to recipients of public assistance that the cash assistance they receive is a debt owed to New York State. While we support this legislation, we believe the bill should go further to advise public assistance recipients of their related rights, and to require that local districts acknowledge these rights as well. Read More

Provide Protecton and Fairness for People with Disabilities: Screening and Accomodation for Public Benefits Clients
Empire Justice Center proposes that local social services districts across New York State offer individuals the opportunity to be screened for disabilities, to ensure that needed accommodations and access to benefits are granted. Read More

New Yorkers for Responsible Lending Memo of Support for the Consumer Credit Fairness Act
NYRL, a statewide coalition of consumer advocates which Empire Justice is a member of, calls for the Consumer Credit Fairness Act to be enacted. Read More

Empire Justice Memo of Support: Ensure All Parties to a Fair Hearing Have Access to All Evidence
Our memo of support for an amendment of the Social Services Law that will ensure all parties to a Fair Hearing have access to all evidence. Read More

Empire Justice Memo of Support: Pass the Consumer Credit Fairness Act
Our memo of support urging the legislature to enact the Consumer Credit Fairness Act. Read More

MCCAP: Statewide Partners Maximize Hundreds of Thousands of Dollars in Federal Prescription Drug Benefits and Health Resources for New York’s Low Income Elderly and Disabled New Yorkers
The Managed Care Consumer Assistance Program (MCCAP), a statewide program, is critical for New York in this fiscal climate. Read More

UPDATED: Don’t Legalize Debt Settlement Scams in New York State
This memo of opposition has been updated to reflect amendments to the bill. The bill now focuses on for profit budget planning. Read More

UPDATED: Don't Require Unproven & Burdensome Biometric ID Program for Medicaid
This bill amends the Public Health Law to require use of biometric technology to identify patients and providers in the Medicaid program. Read More

Empire Justice Memo of support: The Misuse of Credit History Information Must be Restricted
Employers are increasingly checking prospective, as well as current employees’ credit histories. The practice blocks qualified applicants from desperately needed jobs and advancement. It also impacts people whose credit reports contain erroneous information, sadly, not an uncommon occurrence. Read More

Help Low Wage Parents Keep their Jobs
Support the temporary work exemption for parents of young children and read about how this proposal would have helped one family. Read More

Empire Justice Memo of Support: Provide Victims of Domestic Violence with Improved Access to Health Insurance-Related Confidentiality Protections
Domestic violence victims have reported that abusers have both become privy to sensitive medical treatment information, and have discovered their safe locations through health insurance-related correspondence, billing, and claim information- especially in cases where the abuser is the primary policy holder. Read More

Memorandum in Opposition: New Yorkers Do Not Need Check Cashers as Lenders in New York
Empire Justice Center strongly opposes A.7047/S.3841, referred to as the “short-term financial services loan act.” We believe the bill would create an unlevel playing field by allowing check cashers to make loans that are currently prohibited from being made by mainstream, regulated banks and credit unions. Read More

Empire Justice Memo of Support: Raise New York’s Minimum Wage!
A raise in New York’s minimum wage will help over one million New York workers pay for their basic needs. Read More

Meidicaid Matters Memo in Opposition to Biometric Screening
MMNY submits this memorandum of opposition to A.6555D/S.4384D, which would require Medicaid beneficiaries to present a new identification card and verify their identity with a biometric device in order to access services. Read More

Empire Justice Center Memo in Opposition: Don’t Require Unproven and Duplicative Biometric ID Program for Medicaid
This bill, if enacted, would require the Department of Health to implement a program requiring the use of biometric technology by clinics, pharmacies and hospitals participating in New York’s Medicaid program to identify Medicaid recipients at the point of being seen by clinical staff and again upon completion of care or services. Read More

Empire Justice Memo of Support: Child Day Care Cost Study
This bill directs the Commissioner of OCFS to conduct a study to evaluate the actual costs associated with the provision of child day care services. Read More

Empire Justice Memo of Support: Include a Health Exchange in the Final Budget
Empire Justice Center strongly urges passage of a health insurance exchange and would also like to express concerns about proposals in the Senate’s and the Assembly’s budget amendments that would delay or require additional studies of the State’s assumption of Medicaid administration. Read More

Empire Justice Memo of Support: Child Day Care Waiting Lists
This bill would require local social services districts to maintain waiting lists of all families who are eligible for child care assistance, and to provide an annual report to the Office of Children and Family Services (OCFS). Read More

UPDATED: Maximize Federal Dollars Flowing to New York: Invest in the Disability Advocacy Program
The Disability Advocacy Program is a nationally recognized program that generates documented and ongoing savings for the state and for local governments. Read More

New Yorkers for Resonsible Lending: NYS Needs Public Data to Help Identify Discrimination in the Homeowners Insurance Market
Evidence shows that insurers that write homeowners policies in New York fail to adequately serve communities of color. New Yorkers living in communities of color pay more for inferior insurance products and are more often denied private market coverage than those living in predominantly white neighborhoods. Read More

Empire Justice Memo of Support: Provide a Fair & Realistic Auto Resource Rule & Remove the Sunset Provision
We strongly support A.7236 AND S.410, which would replace the current two-tiered automobile resource exclusion with a uniform $9300 exemption, and extend a number of other resource provisions that were enacted as part of welfare reform. Read More

Empire Justice Memo of Support: Due Process for Consumers in Medicaid and Family Health Plus Overpayment Actions
Empire Justice urges the Governor to sign legislation that would give consumers vital protections and procedural rights in overpayment actions. Read More

Prioritize Child Care Dollars to Keep Low Income Parents Working
This legislation would allow New York make best use of limited child care dollars by shifting funding to pay for child care slots for parents with jobs and allowing non working parents with children under two to care for them at home. Read More

Legislative Memo: Allow Part D Co-pays to Count Toward Medicaid Co-Pay Cap
A.576 would protect all Medicaid recipients by allowing Medicare Part D co-pays to count toward the Medicaid co-pay cap limit, resulting in fewer elderly and disabled New Yorkers leaving the pharmacy without their medicine. Read More

Legislative Memo: Help Protect Homeowners and Shorten the Foreclosure Process- Clarify Standing to Sue in Foreclosure Actions
This bill provides that only the owner and holder of a mortgage and note, or its agent, shall have standing to commence a mortgage foreclosure action. Read More

Empire Justice Memo of Support: Child Care Subsidies for Parents who Work the Night Shift
Senator Diane Savino and Assemblymember Ellen Jaffee have introduced a bill, that would require all districts to provide Child Care Subsidies for Parents Who Work the Night Shift and because they have young children, need child care in order to sleep during the day. Read More

Empire Justice Memo of Support: Disregard Teen Earnings When Determining Child Care Eligibility
Senator Diane Savino and Assemblymember Ellen Jaffee have introduced a bill, that would exempt the income of teens when calculating a family’s eligibility for child care assistance. Read More

Legislative Memo: Provide Meaningful Access to Justice for Victims of Workplace Violence
This legislation recognizes and addresses the fact that intimate partner violence does not stay within the four walls of the home. Frequently, it extends into all areas of society, including the workplace. Read More

Empire Justice Memo of Support: Eliminate finger imaging from the Food Stamp Program
Over the years there has been no evidence on a national or statewide level that finger-imaging is a cost effective method of avoiding duplicate participation. Read More

NYRL Announces Campaign to End Unfair and Discriminatory Employer Credit Checks
A growing number of employers are checking the credit histories of job applicants and employees, and using the information to deny people jobs and other opportunities. This practice blocks qualified applicants. Read More

NYRL Announces Campaign to Prevent Unfair Foreclosures
When filing a foreclosure case, servicers should be required to establish up front that they have the legal right to foreclose. Read More

NYRL Announces Campaign to Ensure Fair Debt Collection Practices
NYRL urges the passage of the NYS Consumer Credit Fairness Act to stop abuses of debt buyers. Read More

Empire Justice Memo of Support: Provide that class action status should not be denied
Amend the CPLR to provide that class action status should not be denied or withheld in a case “solely because the case involves governmental operations.” Read More

Empire Justice Supports Bill to Provide Parents Time to Plan When they Lose Child Care Assistance
This bill provides a simple and cost-effective way to ensure that parents and providers are aware of decisions made by the counties that will impact their household budgets and business income so that they have time to develop a plan to respond to the loss of financial assistance. Read More

Empire Justice Memo of Support: Create Reasonable Licensing and Bonding Requirements for Debt Collectors
Licensing is a critical component in creating reasonable control mechanisms over the debt collection industry at a time when consumers are facing dire economic circumstances. Read More

Empire Justice Memo of Support : Amend CPLR 8602 to Define “Prevailing Party”
This bill would amend the definition of "prevailing party" in CPLR § 8602(f) to include "a party whose pursuit of a non-frivolous claim was a catalyst for a voluntary or unilateral change in position by the opposing party that provides any significant part of the relief sought." Read More

Empire Justice Memo of Support: Protect the Homes of Welfare Recipients
New York is one of only two states in the nation that takes deeds and mortgages against the homes of welfare recipients to recover the public assistance paid to these homeowners. Read More

Empire Justice Memo of Support: Repeal The 185% Earned Income Cap
When New York State passed its welfare reform initiative in 1997, working families on public assistance were promised that they could earn their way to the poverty level with the state’s enhanced earnings disregards. Read More

Empire Justice Memo of Support: Pass the Consumer Credit Fairness Act
The Consumer Credit Fairness Act would prevent debt buyers from continuing to exploit gaps in our state’s Civil Practice Law and Rules, while allowing legitimate cases to proceed. Read More

Empire Justice Memo of Support: Allow Families to Earn Their Way to the Poverty Level
Repealing Social Services Law 131-a(10) will help assure the success of families leaving welfare, allowing them to earn their way to poverty. Read More

Empire Justice Memo of Support: Implement all available federal waivers to maximize food stamp participation
This bill would amend section 95(1) of the Social Services Law by adding a new provision to ensure that the NYS Office of Temporary and Disability Assistance applies for, and implements across the entire state, all available waivers under federal food stamp rules. Read More

Memorandum in Support: Require Local Districts to Maintain Waiting Lists for Child Care Assistance
This bill would amend Social Services Law §410-z to require local social services districts to maintain waiting lists of all families who are eligible for child care assistance, and to provide an annual report to the Office of Children and Family Services detailing the length of time that eligible families remain on the waiting list before they receive child care services. Read More

Empire Justice Memo on Federal Policy Recommendations to Help New York Homeowners
Subprime mortgage lending triggered the foreclosure crisis. Subsequent declines in the economy and in home values are increasing the risk of mortgage default and foreclosure. Following is a summary of the present outlook and most current proposed solutions taken from industry analysts, regulators, scholars and the media. Read More

Empire Justice Memo of Support - Establish the Childhood Lead Poisoning Primary Prevention and Safe Housing Act
This bill will require that primary prevention plans be put into place to ensure that the highest risk areas of the state are inspected for lead-paint hazards. Read More