An Overview of Legal Aid and Its Eligibility Criteria
The concept of legal aid promotes the notion that no citizen should be deprived of legal representation. Legal aid refers broadly to the provision of legal services to people who cannot afford to pay for them. Pro bono publico, translated as "for the public good," is provided by individuals who donate their time and expertise. On the state level, legal aid is facilitated by law firms, private attorneys and the Judiciary. Legal services for immigrants, the elderly, families facing eviction, and for the criminally accused are provided by several non-profit agencies. Legal Aid in Rockland County is typically available to most low-income residents who face eviction, foreclosure, discrimination or other civil matters such as Medicaid terminations, social security/SSI denials, landlord/tenant disputes, debt collection, domestic violence, family court, protection orders, government benefits, workers’ compensation, unemployment and foreclosure . Eligibility hinges on meeting certain income limits for one and/or two persons. For example, the Legal Aid Society of Rockland County, which focuses on civil legal matters, requires applicants to meet income restrictions that apply to the number of members of their household. Currently, the upper income limit for a family of one is $2,244.00 per month ($26,928.00 per year), for two persons, it is $2,995.00 per month ($35,940.00 per year) and so on. The limits increase incrementally for families of more members, in an effort to provide for the common good of Rockland citizens. Those who qualify for legal aid should recognize that the extent of representation typically does not include more than seven (7) months of pro bono service; after which, continued representation may be charged at a reduced rate.
The Range of Services Provided by Legal Aid of Rockland County
Legal Aid of Rockland County provides a comprehensive suite of services to address a broad range of civil legal issues. These services are aimed at families and other individuals who cannot afford legal representation. Generally, the organization’s overarching goal is to offer free legal assistance to low and moderate-income residents located outside of the Village of Spring Valley, which is served by a separate nonprofit organization with almost identical services.
Legal Aid of Rockland County is known for its proactive approach to legal issues that have wider implications for families and children. Few organizations approach family law from the perspective of preventing or eliminating domestic violence as the organization does, and Legal Aid of Rockland County works with the Domestic Violence Unit of the Rockland County District Attorney.
The Family/Domestic Violence Unit assists with legal matters in cases of domestic violence between family members, cohabitants, spouses, and those in intimate relationships. The Child Support Unit of the organization provides help with child custody and support concerns. The Domestic Relations Unit handles divorce cases, including matters of creditor-dominated retirement plans. The organization also provides legal representation for guardianship cases, juvenile delinquency cases, and miscellaneous family law issues.
Legal Aid of Rockland County provides the people of the county with a wide range of housing services. The organization provides legal representation for tenants in eviction and holdover proceedings where the tenant does not already have representation. Housing Matters Veterans Organization (HMVO) is a sub-program of HMVO that provides housing services to veterans. HMVO staff provide assistance applying for emergency rental assistance and represent veterans in eviction and holdover proceedings. The Pro Bono Center is another sub-program within Legal Aid of Rockland County that matches clients in need of housing assistance with volunteer attorneys throughout the county.
The organization also offers mediation services, including assistance for first-time homeowners with foreclosure-related issues. The Foreclosure Unit offers representation to qualified low-income homeowners facing foreclosure in the form of either a court referral or a direct referral from the organization.
Legal Aid of Rockland County also provides assistance to low-income citizens with consumer legal issues such as bankruptcy, repossession, judgment and debt collection issues. The organization also has a Wills, Trusts, and Estates Unit that assists low-income citizens with advanced planning with trusts and transfer on death estate plans.
How to Access Legal Aid in Rockland County
Applying for legal aid in Rockland County is a procedural affair that requires completing an application form and, in some cases, an interview with a legal aid attorney. You may be able to apply in person or over the phone or internet, depending on availability. Once your application is processed, you will receive a response as to whether you’re eligible for legal aid, or if you must turn elsewhere for assistance. The first step to applying for legal aid in Rockland County is gathering the appropriate documentation. In addition to proof of income, other documents could be requested by the court, such as: You may obtain legal aid through the Justice Center or through the Federal District Court of New York, depending on your situation. Here are the steps you should follow to apply: You can find out more information about applying for legal aid in Rockland County by visiting the Legal Aid Society of Mid-New York, Inc. website.
Barriers and Potential for Legal Aid in Rockland County
The primary challenge confronting legal aid in Rockland County is the ever-growing need for services in the context of dwindling resources. Legal aid organizations here are adapting to address this demand, but the combination of an expanding population and shrinking budgets is a concern.
Nationally, a decline in available funding over the last decade has resulted in major staffing cuts in legal aid programs across the country, and Rockland is no exception. Access for low-income individuals to competent legal representation is seriously compromised by diminished staff. Nearly half (41%) of Legal Services of the Hudson Valley’s attorneys work out of the Rockland branch, which services residents in both Rockland and Westchester counties (which is where the organization is headquartered).
A statewide survey conducted by the New York State Bar Association, however, has shown that 80% of self-represented litigants report they are able to present their cases effectively when they have access to information, and 82% report that they are able to protect their rights. Online tools, such as computer kiosks that provide access to legal documents and legal modules and videoconferencing applications, offer some hope for those who are unable to obtain legal assistance.
Legal Services of the Hudson Valley, the region’s largest provider of civil legal services to the low-income community, saw a significant increase in employment cases in 2015, both in the number of new clients and the number of matters opened. In Rockland County, between 200 and 299 such cases were opened, in contrast to only 100 to 199 in the prior year; this was the only borough in the region that showed an increase in employment matters from the previous year. In the 2011-2015 period, more cases of eviction or lack of shelter were opened than for any other matter in Rockland, and the same was true statewide. With the median rent in Rockland County nearly $300 above the rest of the state, access to affordable housing continues to be a crucial issue for low-income families, as is the range of related ancillary problems, including domestic violence, substance abuse disorders, access to healthcare and mental health services, formidable debt, foreclosure and credit discrimination . These issues continue to make housing a major problem for residents, and one with which there is likely to be a continued need for legal assistance.
Leadership of three of the four major legal aid organizations in New York face a crisis in recruitment, retention and staffing. Although these groups cope with the problem in different ways, the effect on staffing is the same across the board. Legal Services of the Hudson Valley has experienced a 29% turnover of attorneys and a whopping 17% turnover of support staff members in the last 3 years. The organization’s executive director appeared to be particularly optimistic about its focus on hiring new attorneys directly out of law school, an initiative that has "paid off substantially" for it. "With the recent class of hires and the hiring we’ll be doing in the next few months, we hope to get to where we were several years ago."
Recruitment, retention and staffing are particularly difficult for New York County Legal Services, which has offered training, supervision and outside expertise to another area in need. As such, it has been able to provide support to the emerging parent centers aimed at helping families navigate the court system. "Being an entry point provides a great opportunity to train a significant number of people."
In addition, the group looks for less traditional resources to differentiate its staff. "[W]e try to hire people who have gone through the system so they can relate to the clients, and we also try to find people who have a different skill set." Among staff members are former teachers, social workers, a nurse, a victim’s advocate and a former assistant district attorney; and the use of bi-lingual staff and contract attorneys provides a broader reach.
Funding is one of the biggest contributors to the crisis in staffing in legal aid organizations nationally and statewide, and it presents its own problem. Surprisingly, 50% or more of all funding stems from government sources, including state and county governments, according to the New York State Bar’s survey, and the percentage of funds from private sources appears to be steadily increasing. Federal and state funding, meanwhile, has not kept pace with demand. These disparities explain the closure of 3 offices, an overall 14% redundancy in workforce and a 12% reduction in budget.
The Role of Legal Aid in Rockland County Neighborhoods
Legal aid services in Rockland County extend beyond the courts and into the heart of communities. The presence of legal aid services acts as a safety net, ensuring that the rights and needs of low-income residents are addressed and that injustices are remedied.
One of the most significant impacts of legal aid is the increased access to justice it provides. Many residents face barriers to justice that limit their ability to navigate the legal system effectively. Legal aid services break down these barriers, educating and equipping community members with the knowledge and support they need to seek justice. Whether it is helping a parent gain custody of their child or assisting a tenant facing eviction, legal aid services provide crucial support that enables residents to advocate for their rights and interests.
Additionally, legal aid impacts communities socially and economically. By helping residents resolve legal issues, legal aid frees up resources that can be used for business development, furthering education, and other positive social contributions. Legal aid also promotes community well-being by addressing issues that impact many residents, such as housing stability and access to health care. With help from a legal aid attorney, low-income residents overcome legal barriers to employment, education, and health care, reducing the burden on public services and fostering more vibrant communities.
The presence of legal aid services in Rockland County is a vital resource that benefits the community as a whole; aiding those in need and improving the quality of life for all residents.
Finding Legal Aid Resources and Contact Information
There are several resources and hotlines available for Rockland County residents seeking legal aid. The Pro Bono Project at the Rockland County Bar Association offers many programs, including lawyer-to-lawyer referrals, legal workshops, and free consultations with lawyers. To learn more about available programs and how to get involved, use the bar association’s website or call 845-560-6200.
The New York State Courts Access to Justice program investigates, develops , and introduces programs to aid self-represented litigants. One of these programs is LawHelp NY, a statewide network of nonprofit organizations aimed at providing free civil legal services to help low-income New Yorkers. Check out their website or call 518-935-1182 for more information.
The Legal Aid Society of Rockland County provides free civil legal services to low-income residents. To find out if you qualify for their services, visit their website or call 845-634-3627.