Housing Court Legal Update April 24, 2020

If your landlord is refusing to provide essential repairs to your apartment or you are experiencing landlord  harassment, you can now file a Housing Part Proceeding (HP Proceeding) through a new Emergency HP Action tool created by JustFix.nyc. Go to the online tool.

If you are a NYCHA tenant and your household has lost income, you may qualify for NYCHA’s rent hardship program and should apply now. You can self-certify without submitting documents and residents do not have to wait as they did in the past. Call (718)707-7771 or click here  for more information.

Your Federal Cares Act Recovery Rebate

Local 237 Legal Service Plan Update - April 20, 2020

As part of the CARES Act economic stimulus legislation, you may be entitled to a Recovery Rebate.

The Rebate is a one-time payment from the government and goes to individuals depending on their reported income.  The Rebate is an advanced tax credit and does not have to be paid back.

The Rebate goes to individuals who made less than $99,001; to married couples who made less than $198,001; and, to heads of households who made less than $136,501.  The government will look to your 2019 income, if you filed tax returns, or to 2018, and use your adjusted gross income.

To receive the Rebate, you must have a social security number (SSN) and not have been claimed as a dependent on someone else’s taxes.  If you filed your 2019 or 2018 taxes, you will automatically receive your Rebate.  Additionally, if you receive Social Security benefits, Social Security Income, Railroad Retirement benefits or if you are a veteran or their beneficiary receiving VA compensation or Pension benefits, you will automatically receive the Rebate.

The Rebate amount is $1,200 for a single person with no children with income of $75,000 or less.  Married couples with no children and with $150,000 or less will receive $2,400.  Heads of Household with $112,500 of income or less will get $1,200.00.  Each additional dependent child under the age of 17 adds an extra $500 to the Rebate.  Additionally, the Rebate amount is reduced by $5 for every $100 of income over the income levels.

It is not clear when you will receive your Rebate.  However, if you provided bank information on your 2019 (or 2018) tax returns, the money will be directly deposited into your account.  Some people have already received their Rebates but most have not.

The New York State Attorney General has announced that your Recovery Rebate is exempt from debt collection actions.  However, the Rebate is not exempt from child support arrears collection.

URGENT UPDATE FROM IRS ON STIMULUS CHECKS

The IRS issued a special alert regarding getting the additional $500 per dependent on your Recovery Rebate checks.  If you are a recipient of Social Security Retirement, survivor or disability benefits (SSDI), Railroad Retirement benefits, Supplemental Security Income (SSI) or Veterans Affairs beneficts and did not file a tax return in 2018 or 2019 and have dependent children, you must complete the IRS’s special Non-Filer tool  by Wednesday, April 22 (tomorrow), at noon Eastern time to claim an additional $500 per dependent child. 

These benefits recipients will automatically receive their $1,200 payment without additional action, however an extra step is needed to quickly add $500 per eligible child to that payment. Otherwise, your payment at this time will be $1,200 and, by law, the additional $500 per eligible child amount would be paid in association with a return filing for tax year 2020.

If you are one of the recipients of benefits listed above and have a qualifying child and did not file a 2018 or 2019 tax return, you should visit the Non-Filers: Enter Payment Info Here tool. on IRS.gov by noon Eastern time, Wednesday, April 22.

Per the IRS alert, once the $1,200 payment has been issued, you will not be eligible to use the Non-Filer tool to add eligible children.  Your payment will be $1,200 and, by law, the additional $500 per eligible child amount would be paid in association with a return filing for tax year 2020.

SSI and VA beneficiaries have some additional time beyond April 22 to add their children since their $1,200 automatic payments will be made at a later date, but all beneficiaries are encouraged to use the non-filer tool as soon as possible.

Please review the IRS’s special alert for more information: https://www.irs.gov/newsroom/ssa-rrb-recipients-with-eligible-children-need-to-act-by-wednesday-to-quickly-add-money-to-their-automatic-economic-impact-payment-irs-asks-for-help-in-the-plus-500-push

Info. on NYS Debt Relief and Student Loan Assistance

DEBTS OWED TO THE STATE OF NEW YORK
The New York State Attorney General’s Office has created a form for those requesting a suspension of debt collection where a person owes debts to the State of New York that have been referred to the AG’s Office for collection. The relief is specifically for people who have been financially impacted by COVID-19 and can include the suspension of interest and collection fees.

This does not apply to medical or student loan debts owed to the State of New York.  Collection of those debts has been suspended.  On-line form.

Remember – the debt collection of various debts owed to the State of New York is suspended not forgiven and in the future collection on those debts will commence again.

STUDENT LOAN ASSISTANCE
A great first step for anyone seeking student loan assistance is the NYC Financial Empowerment Centers. Any NYC resident can meet with a financial counselor to understand their loans, enroll in an IDR plan, or even rehabilitate or consolidate out of default.  

Counseling is still available, though it is now online.   Make an appointment.

Someone seeking assistance can also call 311 to get connected to a counselor near them.