Legal Aid Society of Northeastern New York

Tracy Love is not a victim, though she understands why some would use that descriptor when they hear her story. Married to a man who violently assaulted her countless times throughout their 20-year relationship, she lived much of her life thinking most everyone suffered from some degree of abuse in their relationships. But when her husband’s violence escalated to include the use of weapons, Tracy knew she needed to make a plan of escape that included obtaining full legal and physical custody of her three children. She also knew that Wellspring in Saratoga Springs offered free consultations with lawyers through a partnership with Legal Aid Society of Northeastern New York (LASNNY). And it was there at Wellspring she met with Joanna Davis, a lawyer with LASNNY and the woman Tracy credits with helping her transform into what she prefers to be known as today—a survivor.

According to both Tracy and Ms. Davis, there was more at work in their meeting on that October 2019 day than either of them understand. Having worked for more than 15 years to legally protect the safety and interests of those escaping domestic violence, Ms. Davis was no stranger to the tales of true terror told by those courageously speaking up for themselves, and her experience told her that Tracy was in even more danger than she likely realized. “The severity of the violence, the information Tracy gave me, all indicated a serious case with possible mortality issues,” Ms. Davis recalls. “I gave Tracy legal and safety advice,” Ms. Davis says, and then she asked Tracy to do something which Tracy credits as the reason she is alive today. “Joanna asked me to promise that I would file a report if my husband ever got violent again. I made a promise to her, and I don’t break my promises.” Before the month was over, Tracy would follow through on that promise.

On October 31, 2019, Tracy’s husband attacked her as she shielded her children from his violence, and on the following morning, Tracy went to the hospital for her injuries and honored her pledge to Joanna by filing a police report. For the first time in 20 years, law enforcement and medical professionals knew the truth behind the wounds on her body. Upon her husband’s arrest, a stay away order of protection granted and Tracy was told she could go home and sleep in peace for at least one night while her husband was confined to jail. Upon her arrival home, though, an insistent nagging feeling in the pit of her stomach would not leave Tracy alone. “You cannot stay here, my gut said,” Tracy recalls with urgency in her voice even all this time later. “Whatever you do, you cannot stay here.” She listened to her instincts, packed up a few items for herself and her children, and then sought refuge at the home of her parents. That night, her husband returned to the marital home and burned it to the ground unaware that Tracy and their children were asleep elsewhere.

“I don’t fault the judge for releasing him,” Tracy says. “My husband told a very convincing story of his mental illness and how it was the first time anything like that had happened and how he was sorry. But if I hadn’t made that promise to Joanna and if I hadn’t listened to my gut instincts, I wouldn’t be alive today. If I had been there, he would have killed me. No doubt.”

In the aftermath of her husband’s arrests for both abuse and arson, Tracy turned to Ms. Davis and LASNNY to help her obtain every legal protection she could for herself and her children. Ms. Davis filed for a five-year order of protection—the maximum allowable under the NYS family court act—and sole physical and legal custody of the children to be granted to Tracy. Ms. Davis also worked with the DA to provide information pertinent to the criminal case against Tracy’s husband. Without the assistance provided through LASNNY, Tracy is certain she would not have been able to protect herself and her children. As Ms. Davis explains, “People are only entitled to a public defender if they match income guidelines, so someone like Tracy could be over the income guidelines, but that doesn’t mean they can necessarily afford an attorney. Legal Aid allows people to access the court for free so they do not have to worry about coming up with the money for a retainer and attorney fees on top of all the trauma they are facing.” Because of Ms. Davis’s work through LASNNY, both the five-year order of protection and sole physical and legal custody were granted to Tracy, and the work of healing and rebuilding was able to begin.

“I wasn’t there at Wellspring that day to change my life,” Tracy says. “I was there to listen to what Legal Aid had to offer. Before Joanna, I’d never trusted anyone enough to tell the truth of what was going on. But I trusted her. From day one, I trusted her. And it was the trust I placed in her—not the system, not the sheriff, not anything else—that got me from there to here because somehow I knew she would help me get through it.”

The assistance provided to Tracy through LASNNY, though, did not stop once the legal goals of Tracy’s case were achieved. “LASNNY adopted my family for Christmas that year, too,” Tracy recounts. “Their job was to help me in court, and they went above and beyond. I had a carful of gifts from people who did not know us but who cared about us. They gave each of my kids presents so perfectly suited to their interests, I couldn’t believe it. The humanity we felt we had lost was given back to us that Christmas because of them.”

When asked what she would like donors to know about the importance of LASNNY’s work, Tracy says, “Because of LASNNY, I learned I have a voice. And I hope donors will see that. You are giving a huge gift to people who have been abused. You are giving them a voice. You’re giving them a voice when before they could say nothing.” And Ms. Davis echoes the importance of donors. “Without the support of donors, we would not be able to do this type of legal work here at LASNNY. And that would leave people vulnerable to losing their children, their protection, and possibly even their lives. That’s why legal services are vital to our area.”

Because of her own courage, resilience, and tenacity and because of the legal assistance and emotional support she received through LASNNY, Tracy’s life story has entered a new chapter—a chapter filled with gratitude, optimism, and goals which keep Tracy going during the dark times of recovery and relearning to trust herself and the world. And for her new lease on life, Tracy is forever grateful to LASNNY. In her words, “If it weren’t for Legal Aid, there would be an obituary for people to read instead of my success story.”

William Lathers never thought he was going to be the one who needed help. A man who took immense pride in self-sufficiency, he owned his own home and had been consistently employed ever since his first job at a pizza shop when he was 17 years old. But in 2013, he had the conversation no 57-year-old wants to have with his boss: His presence was no longer necessary among the hangars at the Albany International Airport. And just like that, he was out of work after 40 years of earning a wage.

Days without a job stretched into weeks and then months. The savings William and his wife had accumulated throughout the years dwindled down to nothing. Though his wife was able still earning income as a hairdresser, William wondered what would happen to them if he could not find another job. Already struggling with the blow to his identity that was life without employment after four decades of clocking in for work, the last thing William expected was a diagnosis of kidney failure. But the diagnosis came anyway. And with it came overwhelming confusion. How was he supposed to get a job and handle kidney failure at the same time? But the medical issues did not end there. William was eventually also diagnosed with melanoma, and the resulting surgery to eradicate the disease led to his inability to work at all.

As the taxes on his home came due year after year and he was unable to pay them, the stress William felt every single day continued to mount until it was nearly unbearable. “I never would have harmed myself,” he says, “but you get in places where you think about it. I just couldn’t believe how my life went from being okay to I lost my job and can’t get another one. Then I lost my health. And now I was about to lose my house.” Fortunately for William, his medical issues were being treated by St. Peter’s Health Partners—a health system which has a cooperative relationship with the Legal Aid Society of Northeastern New York (LASNNY) through the Medical Legal Partnership (MLP). Designed to bridge the gap between medical and legal services, this partnership enables individuals to obtain legal assistance when their legal problems are intertwined with their health problems.

Referred to LASNNY by a hospital social worker, William began to work with LASNNY attorneys Alexandria Pappas and Michelle Browne. “They are my angels,” he says when recounting the assistance and guidance they provided during the most distressing time of his life. Though William was initially referred to for his concerns about tax foreclosure, Ms. Browne realized his home was not in immediate danger of foreclosure. “I gave him advice on tax foreclosure in general and went over the type of mortgage he had on his property,” Ms. Browne says, but the most immediate need was income. Ms. Browne asked Mr. Lathers if he had applied for public assistance or social security.  He and his wife had applied for public assistance but were only awarded food stamps, now known as SNAP, because his wife made too much working part-time in a hair salon. Mr. Lathers had not considered applying for social security disability benefits because he was overwhelmed by the paperwork just to apply for public assistance and he did not want a handout. Suspecting Mr. Lathers would qualify for some type of disability benefit, Ms. Browne contacted Ms. Pappas and requested her assistance in helping Mr. Lathers apply for Social Security Disability Income (SSDI).  Ms Pappas and Ms Browne identified William’s right to claim SSDI which would provide him with some essential financial support. Even though William had health issues which left him unable to work, he was reluctant to apply for SSDI as he struggled to see himself as disabled. Ms. Pappas and Ms. Browne, though, empowered him to realize there was no shame in utilizing the benefits to which he was entitled, and William trusted their guidance.

“The work we do is life-changing in many ways,” Ms. Browne says. And indeed the assistance provided to him by LASNNY through the expertise and labor of Ms. Pappas and Ms. Browne did change William’s life. “We helped Mr. Lathers understand that he had been paying into the Social Security System since his first job at 17, so he absolutely had a right to SSDI,” Ms. Browne says. As attorneys, Ms. Pappas and Ms. Browne knew just how to assist William in filling out the many pages of paperwork that constituted his SSDI application. They helped him understand the regulations and guidelines of what the Social Security Administration would need to know and accompanied him every step of the way in the application process.

“In 3.5 months, Alex and Michelle turned my life around,” William says. Through the work of LASNNY, William received ongoing SSDI benefits as well as a lump sum for retroactive benefits which enabled him to pay all three years of back taxes on his home. He also qualified for early retirement. “People often mistakenly think Legal Aid is for criminal defense, but we don’t actually do any criminal work,” Michelle says, “and they often don’t realize that there’s a legal solution for the problems they’re having. But we have the ability to do a great deal of good for our clients. We help people keep their dignity.”

Though William still faces obstacles in his life as a result of his medical issues, the worry that he will not be able to afford food, medical treatment, or his home no longer occupies his thoughts. He credits the resources, wisdom, and assistance Ms. Pappas and Ms. Browne were able to provide him through LASNNY for his peace of mind.

Carol Kerber was trying to do the right thing when she reached out for help to save her home, but like thousands of New Yorkers, she fell victim to a scam. In 2015, Carol Kerber lost her job and because she was approaching 70 years old, she had a tough time finding new employment. With the bills piling up and little money coming in, Carol fell behind on her mortgage payments. By 2017, Carol’s mortgage was in default and she felt like she was running out of options.

One night, while watching television, Carol saw a commercial advertising help for struggling homeowners. Carol called the number and when she spoke with an attorney on the phone, he said “Don’t pay the mortgage company, just pay me, I’ll take care of everything.” Carol laments, “I should have realized something was off.”

Shruti Joshi, a staff attorney for the Legal Aid Society of Northeastern New York (LASNNY), explains that this was an attorney licensed in New York and Vermont who likely had ties with such advertisement companies in order to get referrals such as Carol’s. He convinced Carol to pay him a monthly retainer, with a recurring transfer directly from her bank account. Unfortunately, while Carol was paying him this retainer, he was doing very little on her behalf.

Carol says, “I thought the attorney was doing something for me, but the mortgage company continued to send me foreclosure papers. I assumed the money I sent him was going towards my mortgage.” Additionally, the attorney was asking Carol to gather a lot of documents and for a woman in her position; this legwork was a lot to ask. Attorney Joshi says, “There repeatedly asked her for the same documents. Carol was running around to the County Clerk’s office, making copies, and more. This was difficult for her because of her age, notwithstanding that she was paying an attorney for the work she had to do herself.”

Eventually, someone from the County Clerk’s office referred Carol to Legal Aid and Attorney Joshi was able to take on the case. Joshi explains that Legal Aid actually took on two cases for Carol. The first was representing her in settlement conferences and requesting a loan modification. Attorney Joshi says that Carol qualified for a modification and her foreclosure was discontinued. As for the foreclosure scam, Attorney Joshi explains that it was only after she filed a civil lawsuit against the attorney to recover the money that his malpractice insurance carrier came around to negotiate with her. She continues, “after a lot of negotiations, we were able to recover $5,500 of the $6,950 that Carol had paid this attorney.”

Attorney Joshi says, “We were able to get two good outcomes for Carol, but unfortunately we have seen a surge in cases like this.” She continues, “Our clients are vulnerable and they often fall prey to these types of scams.” Today, Carol is happily still in her home and relieved that the ordeal is over. She says, “The foreclosure case had been going on since 2015 and LASNNY was able to take care of things within just a few months.” She continues, “I was in tears every day until they stepped in.”

Marlene Morales, Managing Attorney of  LASNNY’s Foreclosure Prevention Project, says “homeowners who have fallen behind on their mortgage payments are typically targeted with multiple solicitations with too-good-to-be-true promises.  Carol’s story highlights the need for the no-cost, high quality legal representation that LASNNY is able to provide through its Foreclosure Prevention Project.”.

When he contacted the Legal Aid Society of Northeastern New York, Inc. (LASNNY), Glenn James was living in subsidized housing and at zero income. He was seeking legal help due to eviction proceedings brought forth by his landlord. James was put in touch with LASNNY through the Solutions to End Homelessness Program (STEHP) grant and staff attorney David Crossman began representing him. Crossman explains that James’s situation was particularly precarious because he lives in project-based subsidized housing and an eviction would also mean losing the subsidy.

James says that he and the property manager had a history of butting heads over some minor issues, like lost keys, and weren’t on great terms. He surmises that this tension ultimately led to eviction proceedings. James’s landlord, Windgate Management Co. filed eviction proceedings due to the following violations: alleged failure to report employment/income; alleged (and unspecified) damage; failure to reimburse the landlord for 2 sets of keys that he had lost, and for creating conditions for a bedbug infestation.  A judge ultimately ruled in the landlord’s favor.

Crossman explains that at trial in December 2017, the judge in Schenectady City Court found that the landlord had not sufficiently proven any of the grounds except for the bedbug issue. However because of the infestation, the judge ruled in favor of an eviction. Crossman appealed the bedbug decision through Schenectady County Court and secured a stay on the eviction. Because of Crossman’s effort, James was able to remain in his apartment through the pending appeal.

Throughout the appeal process, Crossman argued that James did not create conditions for bed bugs, that the presence of bedbugs did not violate his lease, in part because the lease required the landlord to exterminate regardless of the reason for the infestation, as well as two other grounds. Crossman says, “We cited Mr. James’s testimony at trial that he had gotten rid of all his furniture and was sleeping on the floor. He also kept all his clothes in plastic bags because of the bedbugs and used to spray his own insecticide until the landlord asked him not to.” Due to Crossman’s diligent research and hard work, in January 2019, the Schenectady County Court ruled in James’s favor and vacated the warrant of eviction issued by the lower court.

James is grateful for the help he received from LASNNY and the STEHP grant. He says, “Without David and the appeal, I know I would have been homeless. He truly turned my life around.” James recently received his commercial driver’s license (CDL) and is now working as tractor-trailer driver. He has increased his income, an important component of the STEHP program and is still residing in his apartment.

In 2012, Paul Sabatino’s life took a turn for the worse. In a matter of months, ailing health forced him to step down from his supervisory position with New York State and rely on disability. Additionally, his mother, who was living with him and assisting with bills, passed away. Paul is divorced and has custody of his two sons, so the pressure was on him to make ends meet.

Paul was about three months behind on his mortgage when he started receiving solicitations from various lawyers and companies regarding loss mitigation. He reached out to his mortgage company for help, but they weren’t able to give him advice. A Florida-based law firm contacted Paul to offer assistance and because he was so stressed about losing his home, he decided to retain them. Paul recalls, “They said, ‘We can get you a modification, but you have to pay us to do it.’ ” When Paul expressed concern about using his limited funds for legal help instead of mortgage payments, the attorney told him, “You won’t get anywhere unless you hire someone.” Ultimately, Paul made $4,000, in payments to the Florida firm, but unfortunately they didn’t do anything they promised.  As a result, Paul fell several more months behind on his mortgage and was eventually served with foreclosure papers.

At this point, he was out $4,000, the attorneys were no longer willing to do any more work, and Paul felt like he had hit dead end. Fortunately, the letter from the court regarding his first settlement conference included information about the Legal Aid Society of Northeastern New York (LASNNY) and its free legal services for foreclosure prevention. Upon contacting LASNNY, Paul was assigned to staff attorney, Shruti Joshi, and she quickly sent a demand letter to the Florida attorney on his behalf. Attorney Joshi was able to procure a full refund for Paul. She also successfully assisted him on a loan modification application and settled his foreclosure case. Attorney Joshi details, “It took the bank several months and multiple application reviews before they offered Paul a loan modification.” She adds, “It was important that we were tenacious in getting the bank to give us all the information and make sure the applications were being properly reviewed.”  Paul says, “The process took so long that I felt like we were never going to get a modification. If it wasn’t for Shruti’s tireless efforts, I truly feel we would have lost our home.”

Thanks to Attorney Joshi’s help, the Sabatino family has been able to remain in their home. And while finances are still tight, Paul and his 19-year-old boys are making it work. Paul says, “Both boys still live at home and we’re working together as a family. They’ve really stepped up and taken on some house bills to help out.”

Marc Ehrlich received the American Bar Association’s (ABA) Pro Bono Publico Award, presented by the Standing Committee on Pro Bono and Public Service. The Committee works to ensure access to justice through the expansion and enhancement of the delivery of legal and other law-related services to the underserved through volunteer efforts of legal professionals nationwide.

A dedicated pro bono attorney for over three decades, Marc is a perfect fit for this accolade. The Legal Aid Society of Northern New York (LASNNY) nominated Marc for the award for his dedication to the Private Attorney Involvement (PAI) program. Marc says, “I started taking pro bono cases from legal aid in the mid 1980s and I took my first referral from LASNNY simply because they called me and asked.” He continues, “It goes to show that if you pick up the phone and ask someone to volunteer, sometimes they’ll say yes.”

Marc estimates that in the past three decades, he’s taken on about 500 pro bono cases, spending multiple hours on each case. Marc says, “I do everything from preparing the petition to going to court to answering follow-up questions.” And when it comes to accepting pro bono clients, Marc wants them to be as local as possible. He explains, “I want the clients to be within easy driving distance or on bus routes.” Marc continues, “If you’re doing pro bono work, you really need to look at the geographic location of your client, you don’t want them to be spending an inordinate amount of time trying to get to your office.”

One of Marc’s previous clients says, “Had he not been able to take the case, I don’t know what I would have done.” Ramona is the mom to 3 children, including a son on the autism spectrum, and a few years ago she was going through a divorce. She says, “I had a lot of debt and filed for Chapter 7 bankruptcy. But because of the kids, it was important to keep my home and my car.” Thankfully, Marc was able to help her do exactly that. Ramona says Marc made the legal process easy to understand. She says,  “If I had questions, I was always able to speak directly with Marc, rather than having information relayed through a middle person.” Ramona’s bankruptcy was discharged in June 2014 and she is still her home to this day. Thanks to Marc’s dedication to pro bono work, Marc has helped hundreds of clients just like Ramona.

Marc owns a private practice in Troy, New York and is Board Certified in Consumer Bankruptcy Law. In addition, he has served as a Chapter 7 panel Trustee for the Northern District of New York since 1991. Marc is a three-time winner of the Distinguished Service Award for Private Attorney Involvement for pro bono work by the Legal Aid Society of Northeastern New York, and was awarded the President’s Pro Bono Service Attorney Award by the New York State Bar Association in 2001 and its Small Firm Pro Bono Award in 2013. He was awarded the Barry A. Gold Law Firm Leadership Award by The Legal Project of the Capital District Women’s Bar Association in 2004.

LASNNY is thrilled that Marc was selected for this honor and was glad to be there when he received the award at the ABA’s Annual Meeting on August 10, 2019 in San Francisco, California. Lillian Moy, LASNNY’s Executive Director says, “Marc’s commitment to assuring fairness to those who cannot afford representation is outstanding. LASNNY and his clients are fortunate to have him as a volunteer.”

For many years, Gary Morant enjoyed a successful career as a chef, even partnering with celebrities on occasion. But in the spring of 2018, he was diagnosed with stage 4 cancer and was no longer able to work. He applied for SSD and was approved, but he couldn’t expect his first check until the end of a 6-month waiting period. And because he had some private disability insurance, he didn’t qualify for much SSI. This tough financial situation caused Mr. Morant to fall behind on his rent and soon he faced eviction proceedings.

Fortunately, Mr. Morant was put in touch with David Crossman, a Legal Aid Society of Northeastern New York (LASNNY) attorney, and with the Schenectady Community Action Program (SCAP). Crossman says, “I went to court with Mr. Morant for two separate non-payment cases. The first time, in August 2018, we put together a payment plan for him and Donna Gonzalez from SCAP was able to provide $275 towards this plan.”

But Mr. Morant’s financial issues weren’t over yet. A few weeks later, Gary fell behind again. His payment was due on a Friday, but he didn’t have the full amount until the following day, Saturday. He called the landlord to let them know he’d be a day late, but by Monday morning, the landlord had already filed for another warrant of eviction.

Crossman explains, “Instead of picking up the payment a day late, the landlord filed for a warrant of eviction on Monday based on Mr. Morant’s ‘default’ under the stipulation. I filed an order to show cause arguing that the landlord was supposed to notify me that they were seeking a warrant and citing a case that says payment a day late and a dollar (actually $1.56) short should not result in forfeiting a tenancy. In Gary’s case, he wasn’t even a dollar short, just a day late.  At the court appearance, Judge Frost ordered the landlord to accept the payment.” Crossman was happy with the successful outcome but acknowledges the gravity of the situation. He recalls, “As Gary signed a retainer for me to represent him in court, he looked into my eyes and said, ‘My life is in your hands.’ “

As for Mr. Morant, the 61-year-old is still battling cancer. He is thankful for the company of his three children and life partner. “She’s been by my side throughout everything.”  And he can’t say enough good things about LASNNY and SCAP. “I don’t know where I’d be without them,” he says. “David helped me out numerous times with landlord negotiations as well as giving referrals for other types of assistance.” While Mr. Morant navigates his very serious health issues, he can at least rest easy when it comes to his housing.

After 40 years of marriage, Patricia Carson was finally able to leave an unhappy relationship, but not without some unintended financial consequences.

Patricia says that she and her husband differed on how and when to file their yearly income tax returns.  Patricia continues, “Every year we would argue because I wanted to start filing my returns as ‘married filing separately,’ but he’d refuse, and we’d get into a huge fight. Eventually, I’d give in and just hand over all of my tax forms.”

She says that the process of leaving her husband and becoming independent was a long one. “In the early part of our marriage, I stayed home with our children, but as they got older, I began attending community college.” Patricia did well in school and eventually received full scholarships to pay for a graduate degree. In 2014, she set her sights on finishing her PhD and set-up a research project that would allow her to write her dissertation. She moved to Albany to begin the project, but within a matter of days, she ended up in the hospital because of an autoimmune disease. Having no other option, she moved back to Long Island.

In 2016, Patricia was finally feeling better and working again. And began preparations to officially leave her husband and started looking for a place to live. A few months later, she found a residence in Albany County and secured a job with a community organization in Hudson, New York.

By 2017, the divorce was finalized, but as part of the agreement, she felt railroaded into holding a mortgage. And because of a miscommunication, she won’t get any payments for the mortgage until June of 2019. With no other way to pay for housing, Patricia decided to withdraw money from her IRA. This decision was based on advice from the family attorney, but unfortunately, he didn’t relay the tax liability of this move.

After purchasing the new home and submitting her tax return, she began receiving notices from New York State Department of Taxation and Finance (DTF). Due to a high amount of unpaid taxes, they were threatening to take away her driver’s license. “I was very worried. Because if I don’t have a license, I can’t drive or work.”

Patricia had assumed that when she handed over her tax returns, her husband was filing them, but that wasn’t the case.   Then, when they received no tax return from Patricia, New York State’s Department of Taxation and Finance prepared their own substitute for her, resulting in tax assessments. The situation was compounded by the tax and penalties incurred from taking money out of her IRA. Patricia says, “I eventually learned that I owed $20k to the federal government and $10k to the state in taxes – because the IRA withdrawal was seen as income for the year.” She explains, “No one told me that I’d owe taxes for taking out this money.”

Patricia says that, in a panic, she turned to Google and contacted the Legal Aid Society of Northeastern New York (LASNNY). “I was put in touch with Krzysztof Wendland,” she says. “He helped me in a miracle sort of way. Krzys set up a payment plan with NY State and the IRS and I feel like I owe him my entire life. If I hadn’t had Krzys’s help, I might very well be in jail right now.”

Krzys explains, “Ms. Carson was a client of our Low Income Taxpayer Clinic (LITC).  We represent clients who face issues with the IRS, and NYS DTF if there is a corresponding issue.” While working on Patricia’s case, Krzys was able to replace the substitute for return, correct Patricia’s debt, and negotiate affordable installment agreements with the IRS and NYS DTF. These agreements brought Patricia into compliance with her tax obligations and she was no longer subject to collection actions such as wage garnishments and bank levies, and placed the driver’s license suspensions on hold.

Most importantly Krzys also represented Patricia in a NYS Conciliation Conference in order to fully cancel the driver’s license suspension.  This allowed her to keep driving to work and to shop for groceries, essential parts of her new life, without the threat of her driver’s license being suspended even if life events prevent Patricia from maintaining her installment agreements.  Krzys explains, “The NYS DTF suspends driver’s licenses of taxpayers who owe more than $10,000 and, until recently, had no hardship exclusions from this program.” Fortunately, the 2020 NYS budget has now changed the driver’s license suspension law and allows for exclusion from the program for taxpayers on public assistance or who are experiencing economic hardships.

Thanks to Krzys and the Legal Aid Society of Northeastern New York, a heavy load has been lifted from her shoulders and Patricia is embracing her new life. She works as a part time sociology professor at Hudson Valley Community College as well as a CDC-trained diabetes prevention lifestyle coach. She’s also working on a memoir/self-help book that she says is geared toward other women who are feeling stuck in tough situations.

“Both of my jobs are wonderful – they connect me with people and that’s great because I love people.” Patricia continues, “Most importantly, I’m back on my feet again. I’m not making a ton of money, but I’m working and making on-time payments to the IRS and to the state.”

Nyjah Pringle, a permanently disabled 24-year-old, was enrolled at the University of Albany when illness interfered with her studies. Nyjah, who suffers from sickle cell anemia and other chronic health issues, was hospitalized and ultimately fell into a coma. “I became very sick and needed to withdraw from school for medical reasons,” Nyjah says.

Unfortunately, Nyjah didn’t complete the withdrawal process in time, so she was still responsible for the semester’s tuition, room, and board. According to Nyjah, that’s where her troubles began. She recounts, “While I was in the hospital, the University sent bills to my old dorm address. I didn’t find out about any of this until I woke up from the coma.” SUNY eventually sued Nyjah for the outstanding balance and a $5,000 default judgment was placed against her.

Nyjah sought help from Legal Aid Hudson Valley and Legal Aid NYC, but because Nyjah lives out of the service area and the venue being in Albany County, it was a struggle to find representation. Eventually Nyjah received assistance from the Legal Aid Society of Northeastern New York, primarily, the Closing the Gap program. With this assistance, she was able to represent herself in court against the State of New York.

The Closing the Gap program is funded by the Legal Services Corporation (“LSC”) Pro Bono Innovation Fund. Its aim is to close the urban/rural service gap in northeastern upstate New York through innovative uses of technology and cross program collaborations. Closing the Gap’s primary goal is to aid unrepresented litigants in consumer debt and housing matters.

Nyjah says, “I represented myself, but I received a lot of help from Melody Harkness [LASNNY program coordinator for Closing the Gap]. Instead of going on Wikipedia or YouTube, like most people my age do, I was able to get real legal advice.” At her court date this past August, Nyjah was able to provide pertinent records to support her case. Even more importantly, the advice she received from the Closing the Gap program helped her keep those health records private and off the public record.

Despite the long shot, Nyjah won the case against the Attorney General and SUNY Albany and settled for a $500 payment. LASNNY Development and Communications Director Deanne L. Grimaldi says, “This isn’t a case that someone would have taken, but through the Closing the Gap program we were able to assist.” Melody Harkness was thrilled with the case’s outcome, saying, “Ms. Pringle was so diligent, and her faith was so strong. The judgment ultimately went in her favor despite being told over and over again that she had a ‘loser case.’”

Nyjah says the experience has inspired her to keep fighting for disability rights and encourage others to work with LASNNY and the Closing the Gap program. She says, “I’m just so happy that this ordeal is over and that I can focus on my health now.” Nyjah is currently in the hospital, but someday hopes to re-enroll in school and finish her studies. She says, “I want to earn that degree. I want to hang it on the wall for my mom.”

(Pictured L to R: Shruti Joshi – LASNNY Staff Attorney, Donna Connors, Donald Connors.  In front: Butters & Betty White)

By Megan Harrington

Donna Connors and her husband, Donald, purchased their Columbia County home back in 2004 when Donna says, “Banks were giving away mortgages like hot dogs at a baseball game.” Their modest $225,000 home sits on 5 acres of property, just outside the city of Hudson and at first; their monthly payment was a reasonable $1,300. However, they soon saw their payment spike under an adjustable-rate mortgage. During this same time period, their small business began losing money due to the downturn in the economy and the Connors found themselves unable to keep up with their mortgage payments. Donna explains, “The most lucrative areas of our business were major kitchen and bath renovations and water treatment. When the economy started heading down the toilet, most of our customers (as well as ourselves) were mainly concerned with keeping their homes and the focus became repairing instead of renovating or upgrading.” She continues, “At the same time, our mortgage payments doubled. It was the perfect storm. Legal aid was the lifeline that saved us, and I am certain, many others too.”

Donna and Donald first contacted a local housing agency where they discussed their options. From there, they were referred to the Legal Aid Society of Northern New York (LASNNY). Donna says, “We visited the LASNNY office and met with Shruti Joshi, a staff attorney.” Joshi was assigned to the Connors’ case and immediately got to work. Donna says, “Shruti was so professional and it was so easy to work with her.”

Joshi says, “The Connors reached out to us in early 2017 because they had fallen behind in payments due to loss of income. They had already been declined for a loan modification, but they were given vague boilerplate reasons for the denial.” Joshi says that fortunately when she got involved, the Connors were still in settlement conferences. She explains, “It’s required under law that both parties [lender and homeowner] negotiate under good faith to try and avoid foreclosure.” In an effort to reach a deal, Joshi went over the modification denial in more detail and she was able
to point out to the bank why their initial responses were incorrect.

Thanks to Joshi’s diligence, the Connors were granted a loan modification and their new payment is much more affordable. Joshi says, “The bank eventually came back with an offer and now the Connors have a lower monthly payment and a lower interest rate.” She continues, “Donna and Donald’s life really turned around at this point and things started looking up.”

Donna couldn’t agree more. She says, “After we received the modification, we were able to reconstruct our lives and move forward.” With their load lightened, Donald was able to secure a new job as a full time plumber and Donna began running her own home business, a doggie daycare. Donna says, “Our property has great fencing and a big yard – it’s ideal for the daycare as well as the therapy dogs that we raise.”

By staying in their home/at their property, the Connors have been able to keep their dogs – something that might not have been possible if they lost their home and had to look for a rental. The pets are a part of the Connors family, but they also benefit the local community – Donna takes the therapy dogs for visits at a nearby assisted care home and youth detention center.

The Connors’ story has a happy ending, thanks in part to Joshi’s hard work and Donna and Donald’s willingness to seek help. Joshi says, “Homeowners don’t always understand legal jargon…the Connors could have just ‘Okay, we’re headed for foreclosure, there’s nothing we can do,’ but instead we were able to help them understand their options.”

Geri Pomerantz, managing attorney of Legal Aid’s foreclosure prevention project, reiterates the importance of having legal help. She says, “Donna’s case demonstrates the difference that having an attorney—especially a highly competent, tenacious, and dedicated attorney like Shruti Joshi—can make for a homeowner in a residential mortgage foreclosure action.”