On Housing….

Perhaps its because I’m in the process of moving (well, internally moving, ya know, switching bedrooms)  or maybe its spring cleaning fever (not a chance at all) but I’ve got housing on the mind this week and, fortunately for me, housing law is an area of law that I haven’t written about yet. What a coincidence, right?

New York is a city of renters and with that comes a lot of landlord/tenant disputes and eviction proceedings. This is an issue, we as social workers in this city, will likely run into at least a time or two (probably many more actually) with our clients. Housing court is not a pleasant place to be. Its a busy and chaotic place that many find confusing and intimidating (myself included). On account of the fact that the legal aid organization that I work at has a very strong, wildly busy housing practice and because this is an issue a number of clients that I have worked with have experienced, I’ve picked up a thing  or two about dealing with a housing case that I can pass along. Here are few things we can do as social workers to assist our clients when they find themselves facing eviction:

  • The most important thing your client can do is PAY ATTENTION TO THE FACT THEY HAVE BEEN SERVED WITH HOUSING COURT PAPERS. Appear in court on the day that the papers indicate. One should be there on time in the room that is indicated on their summons. They should bring with them all documents they have pertaining to the case like rent receipts, for example. With such a threat to their sense of security, many clients might want to invoke a defense of denial and ignore the issue. A default judgment entered in one’s absence is a really fast way to lose one’s home.

  • One thing that I was surprised, pleasantly so, to learn is that being evicted is not necessarily a fast process if one appears in court. The housing court will work with a respondent if they come before the court and explain what’s going on. The court’s objective is not to increase the number of homeless in our city. They want to work out a deal. Maybe your client can negotiate a way to pay back their rental arrears (overdue rent) and retain their apartment. Maybe your client won’t be able to save their apartment, but maybe they can buy themselves some time to figure out a new place to go. Relaying this fact can help to ease the client’s mind.

  • Sometimes in intimidating settings like the court, individuals feel pressured to sign agreements that they don’t completely comprehend. It’s good practice to really stress to your client that they should NEVER sign anything they don’t understand. If they have questions about the agreement, they must ask the judge. The judge is there to help them.

  • That being said, once you sign an agreement it’s a binding legal document. You will be held to the provisions listed in the agreement. If it says that you are to pay the rental arrears by a certain date, you must do so.

  • If a judgment is entered in one’s housing case and they are being evicted, they will receive a Notice of Eviction by a New York City Marshal. This is sometimes referred to as a Marshal’s Notice.  This will come in one of two ways. A “72  Hour Notice of Eviction” must be served personally (handed to them) on the respondent. In this case, a person  can be evicted on the fourth business day after the date of notice or any date thereafter. Instead of a “72 Hour Notice of Eviction”, a person may receive a court document entitled “Notice of Eviction”. If this is the case, the person can be evicted on the sixth business day after the date of notice or any day thereafter. It’s important to note that the clock starts ticking on the date of eviction based on the date of the notice and not on the date that the notice is received by your client. If your client receives either of these notices and wishes to keep their apartment, they should immediately go down to housing court and file an Order to Show Cause. One can do this by going to the Clerk’s office in the housing court and requesting the forms to file an Order to Show Cause. The Clerk will give them an Affidavit to fill out. The should check off all the boxes that apply to their case. On the Affidavit, one should indicate the reasons why they believe they shouldn’t be evicted. Include copies of any documentation they have to back up their claim. Write in any additional information that the judge should know about their case. Be very thorough! The Order to Show Cause will be read by the judge and, if they deem it sufficient, signed. The signed Order to Show Cause must then be personally served on the opposing party or, if they have an atty, their atty. It must also be served on the city marshal. The next step will be returning to court. At this point, your client has sort of preformed triage on their housing case and should consult with an attorney.

  • Getting a housing attorney is not easy in this city with the multitude of cases. It will be necessary to call around to all the legal aid organizations and be diligent about following their procedures for intake. Make sure your client continues calling until they actually speak to a person. From my own personal experience, my voicemail box is often flooded with messages from people looking for a housing lawyer who just pushed a random extension and left a message. That’s not an effective way to obtain a housing lawyer.  Some organizations wait until the individual is actually evicted to assist, so advise your client not to become discouraged and to continue to be proactive and attend their court dates with or without a lawyer.

This post has gotten incredibly lengthy but I hope its helpful. I really feel strongly that it would behoove our profession to know these sorts of things in a general way (shocker, right?). Being able to provide our clients with basic information in situations like these, when maybe there isn’t time to find a lawyer before one must take action, could really make a huge difference in the lives our clients.

PS This is a real interesting housing case in the courts right now.

On spotting legal issues…..

One thing I’ve learned to do pretty well as a paralegal is a spot a legal issue. I don’t necessarily know how to rectify the issue but, hey, identifying a problem is the first step to solving it, right? This skill has turned out to be a huge asset for me in my work with clients. It’s been really shocking for me to realize just how often people unaware of the law are taken advantage of. In my work at an organization providing free legal assistance, the clients are aware there is something a lawyer can do for them. That is why they call in the first place. At my field placement, this is not the case. My clients are often completely oblivious to any legal remedies available to them. One client that I have been working with for the past month presented with issues paying her bills. After speaking with her at length, I’ve come to realize that her current problems stem from an eviction that took place two years ago, an eviction that the client could have fought in court. While she may not have been able to retain her apartment, she could have bought herself time and that time would likely have made a world of difference for her. Unfortunately, my client wasn’t aware at the time that she could fight the eviction in court and no one told her. That fact got me thinking just how much better social workers might be able to serve their clients if they are trained to spot legal issues and have appropriate referrals for services.

I once attended a webinar taught by the Victim’s Right Law Center about issue spotting with victims of sexual assault during intake (thats a mouth full). The thing that the presenters really stressed was just how many facets there are to a client’s story, to their presenting problem. A young woman sexually assaulted on her college campus may present asking for assistance processing her attack and its effects on her life but when probed so many other issues, ones with legal remedies might present themselves.  She might say she feels horribly unsafe because she keeps getting messages from her perpetrator on Facebook. It might turn out she has an order of protection against her abuser from criminal court but she doesn’t understand it. It might not contain any provisions prohibiting him from contact via social media. It could though, she should contact the DA on the case. Maybe her perpetrator was her boyfriend. She might be eligible for a Family Court Order of Protection. She needs a family law attorney.  Does the client feel safe in her apartment? Maybe she wants to break her lease but can’t afford the fines. She needs a housing attorney.  Did she lose her job after she was assaulted because she was afraid to be there or because she was suffering psychological repercussions from the attack? She should speak with an attorney familiar with worker’s rights or one who knows the provisions of the VAWA act. What about school? What about her immigration status? You see where I am going with this.

I think it can be very easy for social workers to focus on their clinical work and miss other ways they can assist their clients. When you are working with clients that have no involvement in the court system, it can be difficult to recognize when a client should, in fact, get involved. Now, I’m not suggesting we all go out and study the law but I am suggesting we learn to notice more when our client’s rights are being violated. Sometimes we might be wrong, sometimes we/our clients might consult an attorney and learn there is absolutely nothing that can be done to assist them with their problem. There will be other times though; other times when our clients will be able to use the courts to their advantage and be all the better for it. If my client had known housing law remedies available to her, she never would have had to walk through the door to meet with me and, while I’m happy that I had the occasion to meet her, I would much happier if she had the financial security she deserves.

On My Least Favorite Sandwich…..

Last week, I had the opportunity to attend a webinar (watch a webinar? … you know what I’m getting at) offered by the Battered Women’s Justice Project entitled the “The Child Custody/Child Protective Service Sandwich”.  The timing of such an offering was pretty amazing given that this issue has been on my mind a bit as of late (go figure). A couple of weeks ago, at my job, I received a call from a man stating that his sister was in an abusive relationship. This sister wanted to begin seeking services from a prominent domestic violence agency in the city but had some concerns. The caller’s friend, who is a social worker, had informed his sister about a licensed social worker’s mandated reporter status. The caller lamented that his sister was considering not seeking services (that ultimately might save her life…cough cough) because her children had witnessed one incident of abuse and, therefore, in speaking about this incident, she might trigger a mandated report. This is essentially the sandwich de jour; a sandwich, I must admit, I find incredibly hard to swallow. Its not an uncommon place for domestic violence victims to find themselves – sandwiched there in between Child Protective Services (CPS) and Family or Civil Court.

Domestic violence is a beast of a thing; its a dyad that only a survivor can understand. The decision to leave an abusive relationship is not an easy one. That decision, and research will back me up, increases the risk of death or serious injury exponentially; leaving is the most dangerous time for a victim and their children. Its not a decision to be entered in lightly.  Let’s just assume, for the sake of time, that a victim safely leaves their abuser and relocates to a shelter with the children. A clever abuser then heads to the family court and files for custody, or visitation, for an order of protection or to the civil court to file for divorce. Now the victim finds themself in a battle for the children, a battle they may not win without alleging that their abuser is, in fact, an abuser. The courts are inclined to believe that it is in the best interest of a child to have “parenting time” with both parents. If its not safe for a victim’s children and they believe that “parenting time” needs to be supervised, its their burden to prove why. As soon as one does that, they open themselves up to becoming pastrami, honey roasted turkey, the meat in an CPS and Court sandwich. The same thing would occur if their therapist at the shelter is mandated to make a report about your children witnessing abuse.

An investigation may be launched by CPS (or ACS in NYC… acronyms, ughh) and a victim may find themselves with an “indicated” report for neglect in failing to protect their children from witnessing abuse by leaving their abuser. This becomes much more complicated if victims end up reconciling with their abuser; on average it takes seven to nine attempts to leave an abusive relationship. As an advocate for domestic violence victims, I’ve seen this occur numerous times and, frankly, I find it troublesome.  To me, its a MASSIVE barrier to service for victims and services are what victims need as they exit an abusive relationship. This occurrence bothered advocates in West Virginia as well, I learned from my webinar. So much so, in fact, that they advocated for change; working together, lawyers, social workers and other interested parties were able to create CPS policy change in their state. Now CPS workers are no longer obligated to make an “indicated” report if they note that the non-abusive parent took reasonable steps to protect their children. This allows them to take into account plans and preparations made by the victim in assessing safety concerns. For a victim about to find themselves salami-ed, I think that’s a huge change. As social workers, it shows what we can do when we hear our clients and collaborate with other organizations and professions to advocate on their behalf.

On filing fees….(or something more clever)

With the start of a new semester looming, I’ve found myself a little, ehhh, lazy (to put it mildly) this past week. So, in an effort to concern what little energy I have for the demands of my job and my field placement, I picked a nice straight forward topic for this week: Applying for Poor Person Status (terribly named, I know). I’m sure it’s not shocking to anyone reading this that there are filing fees associated with starting a court case, with filing a motion, with picking up a certified copy of a court’s order, etc.  What may surprise some of the more naive folks is the fact that these fees are not minimal. In fact, they are downright hefty. For people with low income (ie: many of our clients), the courts fee would certainly be prohibitive for starting a court case and so the courts in New York State (and everywhere else, I’m sure) have set up a way for people who qualify to become exempt from paying fees (certain other expenses may occur depending on the type of case you are involved in). In order to qualify for the fee exemption, a person must file an application for such. The first step of application is filling out an Affidavit in Support of Application to Proceed as a Poor Person. A sample can be found here. The affidavit is fairly extensive. It should contain information about what it is that you are trying to file with the court, what your income and assets are as well as information about dependents and extraordinary expenses. Anything sworn to in the affidavit should be backed up with documentation like pay stubs, tax returns, receipts etc.  The affidavit must then be signed in front of a notary public. You must also provide a filled in Poor Person Order. The form looks like this. The Judge will sign this, not you. If you are just starting the case, you will likely also have to file a Request for Judicial Intervention (RJI). Find a sample here. The next step is to take the affidavit with supporting documentation, poor person order and the document you are trying to avoid paying the fees for filing (for example: a summons with notice, summons and complaint or a motion) accompanied by your RJI down to the county clerk’s office located in the Supreme Courthouse in each county. The clerks will direct you from there.  Just a side note: The court will take the original, MAKE COPIES. In my experience with clients, it takes anywhere from two weeks to a month to learn if you qualify. You will have to go down the courthouse again to pick up the signed Poor Person Order once it is signed by the Judge. If Poor Person status is granted, then the person is exempt from fees throughout the case. Though, I can assure you will be necessary to remind the clerk of your status every time something is filed.

A second side note: If your client is being represented by an organization that provides free legal services, it is likely their lawyer can submit a Poor Person Certification on their behalf and they will be able to avoid this whole application process.

And a third: Family Court has no filing fees.

PS: here’s some articles of interest:

Juveniles Facing Lifelong Terms Despite Rulings

An update on Detroit.

Lawyers and depression sounds like study is in order….

 

On my hometown and the courts….. The Final Act (I swear)

The thing that sort of touched off my desire to write this series on Detroit was coming across this article in the Free Press that was sitting on my parent’s coffee table. Oddly enough (or maybe not) it wasn’t the plight of the widows featured in the article that really propelled me though. It was the fact that the article was written at all. To me, the story seemed like a calculated attempt to put a compelling face on the story of the dwindling pension fund. As social workers we know, widows have historically been a group deemed “deserving” of our support.  The more I researched the story online, the more often I started noticing this pop up in the ads displayed on my pages (I know you are watching Google), a video created by the American Federation of State, County and Municipal Employees (AFSME). The video led me to this site, Stand with Detroit also featuring stories of the folks whose pensions were under threat. The more I researched, the more evidence I found to support my theory that  the people of Detroit were organizing to stand up for themselves and their futures and the more I believed that social services organizations were playing a role in that. Immediately following the rulings from Judge Rhodes back in December ( remember way back when I started this real lengthy series?), AFSME announced its’ intentions to file an appeal of the ruling. Several unions in the Detroit area joined suit. The US Bankruptcy Court for the Eastern District of Michigan has devoted its own page to the City of Detroit’s case. A look at adversary proceedings indicate that two lawsuits (probably appeals but I’m not privy to looking at the papers) have been filed by retiree organizations, the Official Committee of Retirees of the City of Detroit and the Retired Detroit Police and Fire Fighters Association. Other suits have been filed regarding the loss of health care.  Its this sort of vocalizing of distress, I think, that led to this: $330M Pledged to Save Pensions and DIA Artwork from Detroit Bankruptcy. $330M donated by 9 foundations including the New York based Ford Foundation as well as local organizations like the McGregor Fund.  Call me naive, or maybe, more kindly, idealistic, but I really think that putting a face to a struggle makes all the difference. Its one thing to hear about creditors or about pension funds that are hemorrhaging money and its quite another to see the faces and hear the stories of those actually affected by Judge Rhodes’ ruling. We, social workers, can sometimes take this for granted. Its a gift our position offers, keen insight into another’s personal struggles, struggles we may not have ever or will ever experience on our own. What sets us apart from other mental health practitioners is what we do with this gift. We are called by the National Association of Social Workers’ Code of Ethics to advocate for our clients on small and large scales. We see the face of the struggle and then we help people in power to see it too. I can’t say for sure, but it would my guess that there are a lot of busy social workers in Detroit right now. Honestly, it pains me a good deal that I’m not one them. Social workers with clients who are willing and interested in supporting the cause should be put in touch with organizations filing appeals or media outlets who might be interested in their story. Social workers should be involved in the advocacy to make sure that their client’s voices are heard as negotiations and cuts continue. It might be a losing battle, but its certainly one worth joining. A ruling like Judge Rhodes’, indicating that pensions would not be protected in a Chapter 9 bankruptcy and should be treated as contractual rights, is unprecedented. That means that if other cities some day face similar problems with their pension funds (and with this economy, it’s entirely possibly), this ruling will likely be cited as case law on the matter and could play a role in any decisions made. Its not just a Detroit issue, its potentially a national one. Its not just a legal matter either, its one that reaches us, social workers and our clients. I think its one that we should be paying a great deal of attention to (obviously), because ultimately, it may be our clients impacted most when this is resolved. We are the ones who will be helping individuals to come up with contingency plans if their pensions are lost, not Mr. Orr, not Judge Rhodes or any of the negotiators,  and I certainly would not want to be sitting across from them if I didn’t do all I could to prevent the need for a contingency in the first place. Climbing down off my soapbox now……The End.

 

Back to regularly scheduled programming next week.

Just one last thing…. This makes me REAL happy.

On my hometown and the courts, part III

 

When I was growing up on the eastside of Detroit, my neighborhood was comprised primarily of municipal workers.  In fact, my parents were among the few adults not employed by the city of Detroit. My youth was spent mooching the benefits allotted to the children of Detroit’s firefighters and police officers, the status bestowed upon many of my friends. I attended the fire department’s Zoo Day at the Detroit Zoo and gained access to special rooftop views of the Detroit Fireworks.  I enjoyed a free coney dog on an occasion or two, ran through some illegally uncapped hydrants. I met important Detroit political figures and some sports ones too (though to be honest I often didn’t know who they were). I enjoyed all the peripheral perks befriending a city employee’s child could offer while my friends’ parents dutifully worked toward the perks they were expecting in the future, pensions and health care after retirement. Those perks were the reason people took the job in Detroit in the first place. The reason why after 1999 when Michigan lawmakers lifted the residency requirement for municipal employees, people who left the city continued to commute back down I-94 to their jobs in Detroit. Those perks are even the reason why a number of my childhood friends followed in their parents’ footsteps and became employees of the city we grew up in. Those perks meant a secure future for yourself and your family, that was until the future of Detroit became uncertain itself.  The threat to Detroit employee’s pensions has been steadily growing as Detroit began its very public decline. With Judge Rhodes ruling allowing Detroit to file for Chapter 9 bankruptcy, losses became almost certain. Emergency financial manager Kevyn Orr suggested “significant cuts” would be necessary, figures as high as 84 percent have been thrown around. Thats a lot considering the average pension is only $19,000. For many retirees, the monthly payment from the pension fund they contributed to for at least 20 years is their only income. They are not old enough to collect Social Security. Police offers and fire fighters receive only $30,000 and are not able to collect Social Security at all unless they have had an additional job through which they became eligible for those benefits.  In addition to  monthly payments being cut, Mr. Orr has announced that that health care benefits will be reduced as well. His proposal? Any retirees eligible for Medicare be enrolled in such and everyone else will receive $125 dollars stipend toward their healthcare. The proposed changes make retired  and current Detroit employees’ futures seem anything but secure. It also makes them seem like collateral damage in the salvaging of Detroit. I doubt any of them would have chosen to work for the city if they knew that the occasional free coney dog and a good spot to view fireworks would be the only real payoff in the end.   What remedy is really available now though, when even the voice of the elected officials has proven inadequate? Former and current Detroit employees (and possibly their social workers) have been turning to the courts to fight the battle for their pensions and health care benefits! We’ve finally made it to my point  …. but let’s talk about that next week,,,,

In the meantime, i kind of like this summary.

On my hometown and the court, Part II

On Christmas Eve, I had the pleasure of  attending a mass held in  the oldest church building in Detroit. This was the 166th Christmas being celebrated in this particular church in downtown Detroit. For 166 years, Detroiters have come on December 25 (or 24th, like in my case) to this one building to join together in worship as a community. In 1847, when the inaugural mass was held Detroit was still the capital of Michigan. The following year that would no longer be the case. By 1900, Detroit would have a police department, a library and the Tigers as their baseball team. . In 1903, the Packard Motor Car Co. plant would be built.  When Christmas was celebrated in 1958, the plant would be shut down. No one knew then that the abandoned Packard plant would, over 50 years later, serve as the national media’s “money shot” in stories about the city’s decline. There was a lot the citizens of Detroit didn’t know then. They didn’t know Motown Records would find its home among them. They weren’t aware of the riots that would come, the inadequate and corrupt leaders that would run their city, or the fact that many of the citizens themselves would end up fleeing city boundaries and moving to the suburbs.  A lot can change in 50 years. A lot can change in less time. On January 17, 1985, I was born in the city of Detroit. At that time, The Tigers still played at Tiger’s Stadium, the Lions at the Silverdome. Coleman Young, the first African American man to be elected mayor of Detroit, would win his third term. Over the next few years, the people mover (our version of the subway) and I-696 would be completed. The American Motor Company would fold and our police chief would be sent to prison for embezzling millions of dollars from the city. 28 years later, on January 17, 2013, my nephew was born in the same city as me. He’ll never watch a baseball game at Tiger Stadium or a football game at the Silverdome though. The mayor elected during his first year of life is the first white man to hold the position in 30 years, though the position means very little at this point. He’ll grow up hearing a lot of complaining about the construction on I-696, the loss of the auto industry in Detroit, and the mayor who would find himself joining our former police chief on the list of Detroit officials with prison sentences under their belts. Things that just 28 years ago were inconceivable to the public, things that even 5 years ago, when that 161st Christmas mass was celebrated, were inconceivable to a city of people whose adopted motto was “Speramus Meliora; Resurget Cineribus (We hope for better days; it shall rise from the ashes).

To start at the beginning of what happened to Detroit would be impossible (and probably pretty irrelevant to my purpose here). It was one thing as much as another and I’m sure you’ve seen enough articles pointing at this or that, at him or them, to gather its been a slow and desperate fall.  For our purposes though, it makes sense to call the beginning when the governor of Michigan, Rick Snyder, signed Public Act 436. The bill essentially tells struggling local governments in Michigan to work with the state to end the struggle or  an emergency fiscal manager will be put in place. Gov Snyder signed this law despite the fact that the Michigan Supreme Court had given Michigan voters a chance to repeal an earlier version of the same public act a few months prior and repeal it they did.  Regardless of the public’s actions, Public Act 436 took effect and Detroit’s government officials  found themselves at the bargaining table unable or unwilling (depending on who you talk to)  to bargain. Since no agreement was reached, Detroit’s emergency fiscal manager, Mr Kevyn Orr,  was appointed in March 2013. The city council appealed to the state, Detroiters traveled to Lansing to protest but they had no luck. The rights Detroiters had during the 165th Christmas mass in 2012, the rights they had when my nephew was born just two months earlier were gone. By the time I sat there at the 166th Christmas mass last week, our emergency fiscal manager against the wishes of many of the city’s residents would have filed for bankruptcy. The federal  Circuit Court would have said it was allowed and Detroit would feel very much like a place on the verge… but on the verge of what?

On my hometown and the courts…..

In a city like New York, where everyone seems to be from somewhere else, a person’s city of origin from can become paramount. Where you come from might explain why you are here in the first place. It could explain why you have certain mannerisms or your frequent use of that one phrase.  It could explain everything or it could explain nothing, either way its going to be asked; every New Yorker, native or otherwise, knows that. I happen to be from the city of Detroit. Yes, the city of, not a suburb; that’s always the answer to the question that comes next.   Being born in Detroit, much like anywhere else, comes with its own set of tribulations. I’ve been forced to discuss the movie 8 Mile with strangers more times than any person should. I’ve endured the ridicule that comes from being a Lion’s fan during a winless season and the threat to my safety that comes with being a Tiger’s fan in a Yankee bar as the two face off in the playoffs. In recent years, its the headlines and the shortsighted comments about my hometown’s seeming demise that make me long for the days of discussing Eminem and losing seasons again. “Oooo, Detroit.. What do you think about the what’s going on there?”, people ask,  “How about that Kwame Kilpatrick?”, “What’s going on with that bankruptcy?”. I can understand their curiosity, I really can, but you can also understand my reluctance to engage in this type of conversation. It never goes well for me. I instantly feel like a tween defending her derelict boyfriend, “Yes, he has its issues but he has his good points too, you just aren’t trying to see them!!!!” On account of this less than flattering reaction to an attempt at simple small talk, I’ve adopted a policy of responding  in a generic manner… “Yea, its a bit of a mess but we are hopeful. “ End of discussion, at least outwardly. Internally then begins the anxiety about how naive, uninformed, and uncaring I must seem; all of which could not be further from the truth.

I landed this week in Detroit in the wake of a big court decision regarding the city’s bankruptcy filing; one more court decision in a string of many that have rattled this city and its residents.  The timing of my arrival made it rather impossible for me to stick to my prior policy on discussing Detroit. I was presented with a rare occasion to discuss here, on a blog about how our social work clients can be affected by the court , just how far the court’s power can reach into our clients lives. Detroit is now a city of people stripped of one of their most primary rights as a United States citizen, their elected officials hold little to no power. All the power has been given to an appointed emergency manager, a man charged by the governor with the task of keeping the city afloat financially.  This is a task that can not be accomplished without some changes. Changes like budget cuts that left the city’s police officers and firefighters underfunded and left  neighborhoods full of vacant houses without remedy. Bus services are nearly non-existent and the city employees’ pensions are in jeopardy. Art may be sold from the Detroit Institute of Arts and Belle Isle (a treasured island park in the Detroit River) was turned into a state park.   Changes that greatly affected all of the city’s residents and created an environment of conflict, of impending doom, of last ditch efforts and short lived victories for politicians and constituents alike.  Despite appearances though,  Detroit’s story is not a tragedy. It’ not just about the state seizing control of the city. Its an underdog story. A city of Davids fighting against Goliath. Its a city whose strengths get ignored while its pathology gets highlighted in the national media. Its a story I feel compelled to explore here through a series of posts. My goal is to demonstrate on a macro level that laws and court decisions greatly impact micro-systems and if that can’t be accomplished at least I’ll have an opportunity to demonstrate that I know more about my hometown than the fact that the movie 8 Mile was not actually shot on 8 Mile Road.

Let’s start back at the beginning(ish)…..

Our Clients and Their Credit Report

This week, I was lucky enough to be given the opportunity to travel to Washington DC for The National Consumer Law Center’s annual Consumer Rights Litigation Conference.  Being that I don’t actually participate in litigation as a paralegal, I popped into town just for the session that would be relevant to my work — Consumer Rights Advocacy for Domestic Violence Survivors. After a day filled with tiny pastries and amazing speakers, what I ended up leaving with was an awareness of just how critically important it can be for us, as social workers, to screen our clients (domestic violence survivor or not) for consumer issues. Clients may not be aware of legal remedies available to them in this regard. Our ability to spot these issues and link them with proper services could be the difference between homelessness and keeping their apartment, between obtaining work or being unemployed, between remaining in an abusive relationship for financial security and starting a new life free of fear. Often when our clients come in we provide assistance for their immediate needs. You are struggling to put food on the table? Let me help you apply for foodstamps. You have rental arrears? Lets apply for a one shot deal. We help them to gain some immediate financial stability but what do we do to help promote real long lasting financial security? Our services often remain focused on the present needs and we neglect to note the circumstances surrounding the situation and to develop a strategy for avoiding similar problems in the future.

Credit reports, as one speaker described them, are the “gatekeeper” to many of the basic necessities our client’s are attempting to access.  Credit reports can be pulled by potential new landlords, by creditors, utility companies and, in some states,  (including New York until the state Senate votes this January) prospective employers. Knowing what information is on your credit report, good or bad, is the first step toward getting your foot in that gate, so to speak. As a person with A LOT of debt myself, I can understand why someone might want to forego seeing all their creditors listed in one place but the reality is, as its commonly put, “knowledge is power.” Perhaps my credit report will reflect an identity theft, maybe an item on the report will turn out to be incorrect or maybe it’ll be completely accurate and now I’m aware of just how much I owe. Under federal law, consumers are entitled to one free credit report a year from each of the three big companies (Experian, TransUnion and Equifax.) We should encourage our clients to take advantage of this through annualcreditreport.com. After the report is obtained, we can offer to review it with our clients. Maybe they will be relieved to know that their report reflects all accurate information and is better than they anticipated. If that is not the case and there are discrepancies, we can assist our client in disputing any incorrect elements of their report. This is done through the credit reporting agency, utilizing forms available on their website.  If the dispute is not successful, we can empower our clients by aiding in writing a personal statement to be included in their report explaining their side of the story.

If our clients credit report reveals that they are in considerable debt that they are unable to pay, there are things we can do to help them in that regard as well. Contrary to what debt collectors would have you believe, they do not have the right to harass those indebted to them 24 hours a day, 7 days a week. Debt collectors can be put on notice that they are not to call during certain hours, that they should only contact your client in writing, that they are not authorized to contact the client’s work. This request should be submitted  in writing directly to the debt collection agency. Another thing we can help our clients with is contacting their creditors and discussing a payment plan or settlement. This is a possibility because the creditor would rather be paid partially or at a slower rate as opposed to not at all. We can assist our clients in prioritizing their debt and creating a plan for payment that makes sense for them. Having support and an understanding person to face the stressful reality of their financial situation could be the catalyst to turning a daunting economic situation around.

In some cases, it may be necessary to point our client to a lawyer. Creditors could be violating their consumer rights by continually harassing them. They may be sued by their debt collectors. Filing for bankruptcy may be in their best interest. They may have tax issues and need assistance with the IRS. Our clients may not know what their options are and so it is critical that we, as their social workers, can recognize these issues and put them in touch with a legal services organization or a lawyer who can assist them. The first step to solving any problem is acknowledging that there is one, social workers should be aware of the ways consumer law impacts their clients so that we can help them to address any consumer issues they are facing and place them on a path the financial security and stability,

 

if you are interested in more information about consumer rights and consumer rights advocacy, visit the National Consumer Law

Center’s website.