Category: Hobson-Williams, P.C.

Decision Takes Place the Same Day Governor Cuomo Signs New York State’s Eviction Moratorium Extension into Law

JAMAICA ESTATES, NEW YORK — Tanya Hobson-Williams, attorney at law at Hobson-Williams, P.C., says a federal court’s decision to vacate a moratorium on tenant evictions should be a wake-up call for renters to seek legal protections as landlords and property owners rush to take legal action against them.

On May 5, U.S. District Court Judge Dabney Friedrich vacated the U.S. Centers for Disease Control and Prevention’s (CDC) eviction moratorium that was implemented under the agency’s Public Health Service Act. The judge ruled that the CDC does not have the authority to prevent landlords and property owners from removing tenants from their residences due to nonpayment of rent.

“Because of the judge’s decision, courts will be flooded with lawsuits filed by landlords and property owners looking to recoup their losses during the pandemic and collect from tenants who might not have the money to pay back rent,” Ms. Hobson-Williams says. “Whether it’s fair or unfair, landlords now hold the power.”

The decision came down the same day New York Governor Andrew Cuomo signed into law a bill that extends the state’s moratorium on residential evictions until August 31. (It was initially set to expire on May 1.) The extended hold on evictions applies to those who have already submitted a hardship declaration form. As a result, tenants who no longer have to face displacement can apply for financial assistance from the state’s $2.4 billion rent relief program, which is scheduled to begin next month.

“This New York State law will give tenants another chance to stay home and not have to be forced to live somewhere else,” Ms. Hobson-Williams says.

The Department of Justice has announced that it plans to appeal the federal court’s order. Ms. Hobson-Williams says that, even if the decision is reversed, it may come too late. “This decision comes before renters were seeking to obtain federal rent relief,” she says. “If the appeal gets tied up in court for a long time, the tenants might be removed before ever seeing a penny from the federal government. If you are in danger of being evicted, please contact a landlord-tenant attorney immediately.”

For more information, call 1 (866) 825-1529 or visit www.thobsonwilliamslaw.com.

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About Hobson-Williams, P.C.

With offices located in Queens, Brooklyn and the Bronx, the law firm of Hobson-Williams P.C. is comprised of a highly knowledgeable and diligent staff. With over 20 years of experience, the skilled attorneys at Hobson-Williams, P.C. are dedicated to protecting and serving their clients’ needs and legal interests, and are committed providing unparalleled client service. Her practice areas include elder law, business law, real estate closings, landlord-tenant disputes, Medicaid fraud defense, guardianships, reverse mortgage foreclosure defense and debt collections. Tanya Hobson-Williams has an active elder law practice assisting senior citizens in obtaining Medicaid for Home Care and Nursing Home Care. She routinely lectures at senior citizen centers, assisted living facilities, law schools and counsels families on a variety of topics of concern to families caring for the elderly. She is also contracted by the State of New York Employee Assistance Program to provide training to state employees on legal issues that affect state employees. For more information, call 1 (866) 825-1529 or visit www.thobsonwilliamslaw.com.

JAMAICA ESTATES, NEW YORK — Thanks to the passage of the $1.9 trillion COVID-19 relief package bill, many people have already received another round of stimulus, or economic impact, payments, while some still have to wait for their payments. However, some of those recipients who are falling behind on their bills may be surprised to learn that part of the checks may be garnished. Keith Barrington Allen, attorney at law at Hobson-Williams, P.C., says stimulus checks should not be subject to garnishment because those payments are targeted to those who need it most.

The recently approved American Rescue Plan provides checks of $1,400 to individuals making $75,000 or less annually. But, unlike the previous round of stimulus payments that protected debtors from garnishments, the Plan offers no such protections. The first round of payments under the CARES (Coronavirus Aid, Relief, and Economic Security) Act also allowed payments to be garnished, but some states and local municipalities put laws in place to stop creditors from taking part of the money from their constituents.

“The fact that the debt collectors can garnish wages under the American Rescue Plan undermines the purpose of which this legislation was passed,” Mr. Allen says. “This stimulus payment and prior payments are being used by families struggling to pay rent and buy food for their families.”

Mr. Allen, who concentrates his practice in landlord/tenant matters, says the garnishments would have a devastating impact on the housing market, affecting renters and landlords alike. “The tenants we serve had a hard time paying rent, even before the COVID-19 pandemic,” he says.

“Now, although these eviction moratoriums are in place, tenants still have to pay rent, but with little income or no income at all,” Mr. Allen says. “Allowing creditors to seize the funds would plunge these tenants into further debt to their landlords, increasing the likelihood of eviction once the moratoriums are lifted. The landlords we serve will also be affected as they are struggling to keep their houses from going into foreclosure due to the impact of COVID-19 on their tenants.”

To help protect those in debt, U.S. Senator Ron Wyden of Oregon announced he is introducing legislation that would protect people’s stimulus checks from garnishment. The American Bankers Association likewise called on U.S. Treasury Secretary Janet Yellen to stop economic impact payments from being subject to seizure by private debt collectors.

To protect these payments from garnishments, Mr. Allen suggests that the American Rescue Plan should be reworked so that the stimulus checks should be treated as a form of government assistance that provides financial assistance to those in need.

“I believe the American Rescue Plan is overly broad in application, in that, if creditors should be allowed to seize people’s stimulus checks, our most vulnerable and poverty-stricken populations should be protected,” he says. “What I find most concerning about this legislation is the impact this would have on our elderly population, especially those who are living near the poverty line and do not have the financial resources, like an IRA or a 401(k), to live above their means. Many of them do not have family members to assist them and these stimulus checks can go a long way to pay for food and other necessities.”

For more information, call 1 (866) 825-1529 or visit www.nyguardian.com.

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About Hobson-Williams, P.C.

With offices located in Queens, Brooklyn and the Bronx, the law firm of Hobson-Williams P.C. is comprised of a highly knowledgeable and diligent staff. With over 20 years of experience, the skilled attorneys at Hobson-Williams, P.C. are dedicated to protecting and serving their clients’ needs and legal interests, and are committed providing unparalleled client service. Her practice areas include elder law, business law, real estate closings, landlord-tenant disputes, Medicaid fraud defense, guardianships, reverse mortgage foreclosure defense and debt collections. Tanya Hobson-Williams has an active elder law practice assisting senior citizens in obtaining Medicaid for Home Care and Nursing Home Care. She routinely lectures at senior citizen centers, assisted living facilities, law schools and counsels families on a variety of topics of concern to families caring for the elderly. She is also contracted by the State of New York Employee Assistance Program to provide training to state employees on legal issues that affect state employees. For more information, call 1 (866) 825-1529 or visit www.nyguardian.com.

JAMAICA ESTATES, NEW YORK — Tanya Hobson-Williams, attorney at law at Hobson-Williams, P.C., says New York State Governor Andrew Cuomo’s announcement allowing the moratorium on evictions to be extended another 60 days will give tenants the additional protection they need and alleviates any worries of having to live elsewhere if they could no longer afford to pay the rent.

The moratorium was supposed to end on June 20, 2020 but, on May 7, 2020, Governor Cuomo announced that it will be extended until August 20, 2020. This means that apartment renters will not be thrown out or assessed late fees for nonpayment of rent during the moratorium. In addition, renters who fall behind on their payments may use the money from their security deposits, which can be repaid over time. The purpose of the extension is to give tenants more time to stay in their apartments during the coronavirus pandemic without worrying about making rent payments.

“While we are hopeful that landlords will also be provided relief from mortgage and other payments related to their properties, I applaud Governor Cuomo for allowing residents living in their apartments to stay for an additional amount of time,” Ms. Hobson-Williams says. “Many renters no longer have the money to pay the rent and, further, they do not know if and when they will be able to go back to work. This extension provides the relief the tenants need.”

Many landlords may try to force out tenants for nonpayment during this time, but Ms. Hobson-Williams says that should not be allowed to happen. “If your rights as a tenant are being violated by an unscrupulous landlord, please contact a landlord-tenant attorney immediately,” she says.

For more information, call 1 (866) 825-1529 or visit www.thobsonwilliamslaw.com.

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About Hobson-Williams, P.C.

With offices located in Queens, Brooklyn and the Bronx, the law firm of Hobson-Williams P.C. is comprised of a highly knowledgeable and diligent staff. With over 20 years of experience, the skilled attorneys at Hobson-Williams, P.C. are dedicated to protecting and serving their clients’ needs and legal interests, and are committed to providing unparalleled client service. Her practice areas include elder law, business law, real estate closings, landlord-tenant disputes, Medicaid fraud defense, guardianships, reverse mortgage foreclosure defense and debt collections. Tanya Hobson-Williams has an active elder law practice assisting senior citizens in obtaining Medicaid for Home Care and Nursing Home Care. She routinely lectures at senior citizen centers, assisted living facilities, and law schools and counsels families on a variety of topics of concern to families caring for the elderly. She is also contracted by the State of New York Employee Assistance Program to provide training to state employees on legal issues that affect state employees. For more information, call 1 (866) 825-1529 or visit www.thobsonwilliamslaw.com.

JAMAICA ESTATES, NEW YORK — Tanya Hobson-Williams, attorney at law at Hobson-Williams, P.C., says New York State’s new budget changes eligibility rules for home care services paid for by the Medicaid program in the State.  The new law creates a “lookback” period that affects how the finances of ill and elderly people will be evaluated for their eligibility to receive Medicaid to pay for home care services.  Ms. Hobson-Williams says the effect of this new law is that it will be more difficult for those who need financial assistance to obtain Medicaid for home care services.

Previously, there was no “lookback” period for the Medicaid home care program. However, on April 1, 2020, the state passed a bill that now includes a thirty (30) month lookback period for all home care service applications, effective October 1, 2020. Therefore, if a home care applicant applies for Medicaid home care, the local Department of Social Services will look at all financial transactions that occurred over the last 30 months from the date of application. If, within that 30-month period, the applicant made gifts or uncompensated transfers, then a Medicaid penalty will be assessed. A Medicaid penalty is a period of Medicaid ineligibility.

It is presumed that these penalties will be imposed for any transfers or gifts made during or after the lookback period and will be calculated the same way that penalties are calculated for nursing home Medicaid. Additionally, personal care services/home care will only be made available to those who require assistance for at least three daily activities of living (these include eating, bathing, and getting dressed, among others). Only those diagnosed with dementia and/or Alzheimer’s disease will receive care if they require assistance for only one activity of daily living.

Further, the New York State Department of Health will place a moratorium on processing and approving applications for managed long-term care plans from now until March 31, 2021. During the moratorium, the agency will have the authority to determine whether managed long-term care plans not affiliated with Medicare are necessary, and impose an enrollment cap for each managed long-term care plan.

“Starting in October 2020, if a home care applicant made any gifts or uncompensated transfers during the 30-month period prior to applying for Medicaid, then a Medicaid penalty will be assessed,” Ms. Hobson-Williams says. “We await regulations and guidance on how these transfer rules will be applied to home care cases.”

“These new laws were enacted to save New York State money, unfortunately, at the expense of those needing home care services,” Ms. Hobson-Williams continues. “As a result, fewer individuals will be eligible for home care services paid for by Medicaid.”

For more information, call 1 (866) 825-1529 or visit www.thobsonwilliamslaw.com.

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About Hobson-Williams, P.C.

With offices located in Queens, Brooklyn and the Bronx, the law firm of Hobson-Williams P.C. is comprised of a highly knowledgeable and diligent staff. With over 20 years of experience, the skilled attorneys at Hobson-Williams, P.C. are dedicated to protecting and serving their clients’ needs and legal interests, and are committed providing unparalleled client service. Her practice areas include elder law, business law, real estate closings, landlord-tenant disputes, Medicaid fraud defense, guardianships, reverse mortgage foreclosure defense and debt collections. Tanya Hobson-Williams has an active elder law practice assisting senior citizens in obtaining Medicaid for Home Care and Nursing Home Care. She routinely lectures at senior citizen centers, assisted living facilities, law schools and counsels families on a variety of topics of concern to families caring for the elderly. She is also contracted by the State of New York Employee Assistance Program to provide training to state employees on legal issues that affect state employees. For more information, call 1 (866) 825-1529 or visit www.thobsonwilliamslaw.com.

Says This Will Crack Down on Predatory Behavior and Harassment within the Industry

JAMAICA ESTATES, NEW YORK — Tanya Hobson-Williams, attorney at law at Hobson-Williams, P.C., says Governor Andrew Cuomo’s proposal to license debt collectors in New York State is a much-needed reform in the industry and will eliminate unethical practices by collectors in an effort to collect any unpaid balances.

On December 19, Governor Cuomo announced a proposal as part of the 2020 State of the State agenda that would require debt collectors to be licensed by the state’s Department of Financial Services. He said this would protect debtors from being subjected to predatory and abusive behavior by those looking to collect money for outstanding balances on credit cards, medical or utility bills. It would also give the state the power to revoke the licenses of those debt collectors who act in bad faith. (Currently, collection agencies attempting to collect a debt from New York City residents are required to be licensed by the New York City Department of Consumer Affairs.)

The governor cited federal statistics, in which 32% of Americans — including 25% of New York State residents — have a debt that is now in collections. According to the Federal Trade Commission (FTC), over three of the past four years, the most frequent consumer complaint about debt collectors was the use of harassment and abusive and deceptive debt collection practices; last year, the FTC received approximately 500,000 such complaints.

“This is a good thing for consumers, since there are many unscrupulous debt collectors who violate the Fair Debt Collection Practices Act,” Ms. Hobson-Williams says. “It gives consumers more protection and the state more power to investigate violations under the Act.”

For more information, call 1 (866) 825-1529 or visit www.thobsonwilliamslaw.com.

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About Hobson-Williams, P.C.

With offices located in Queens, Brooklyn and the Bronx, the law firm of Hobson-Williams P.C. is comprised of a highly knowledgeable and diligent staff. With over 20 years of experience, the skilled attorneys at Hobson-Williams, P.C. are dedicated to protecting and serving their clients’ needs and legal interests, and are committed providing unparalleled client service. Her practice areas include elder law, business law, real estate closings, landlord-tenant disputes, Medicaid fraud defense, guardianships, reverse mortgage foreclosure defense and debt collections. Tanya Hobson-Williams has an active elder law practice assisting senior citizens in obtaining Medicaid for Home Care and Nursing Home Care. She routinely lectures at senior citizen centers, assisted living facilities, law schools and counsels families on a variety of topics of concerns to families caring for the elderly. She is also contracted by the State of New York Employee Assistance Program to provide training to state employees on legal issues that affect state employees. For more information, call 1 (866) 825-1529 or visit www.thobsonwilliamslaw.com.

 

Will Join the Firm’s Medicaid and Guardianship Department

JAMAICA ESTATES, NY — Attorney Tanya Hobson-Williams of Hobson-Williams, P.C. has announced that Keith Allen has joined the firm as an Associate. Mr. Allen will be part of the firm’s Medicaid and Guardianship Department.

Mr. Allen started his legal career as a Law Clerk for the Honorable Margaret M. Hayden of the New Jersey Supreme Court in Newark, New Jersey. Prior to joining the firm, he served as Of Counsel with the Law Office of Isa Abdur-Rahman, Esq. in Jamaica, Queens, which handles real estate, business law and family estate matters. Before that, he worked for Citigroup as a Compliance Officer.

In addition to his work as an attorney, he has volunteered his time using his legal background. He took part in the Volunteer Lawyer for a Day project in Kings County Civil Court, where he represented tenants on nonpayment cases. He also serves as a Volunteer with Hope Worldwide, a charity that provides community services for the less fortunate, and as a Leader at his church, the New York City Church of Christ.

Mr. Allen is admitted to practice in the state of New York. He is also a member of the New York City Bar Association and the New York State Bar Association.

A resident of Springfield, New Jersey, Mr. Allen is a graduate of The College of New Jersey and the City University of New York Law School.

“I am glad to be part of this firm,” Mr. Allen said. “I look forward to assisting our clients, whether it is navigating the Medicaid application process or in handling guardianship matters.”

“We wish to welcome Mr. Allen to our firm,” Ms. Hobson-Williams said. “His legal expertise will be a great asset to our firm’s Medicaid and Guardianship Department.”

For more information, call 1 (866) 825-1529 or visit www.thobsonwilliamslaw.com.