#Legal Aid

[reasonsforhope]

"California will begin paying for free legal help with immigration for undocumented farmworkers who are involved in state investigations of wage theft or other labor violations, Gov. Gavin Newsom’s office announced this week.

The $4.5 million pilot program will provide qualifying farmworkers with referrals for legal help with their immigration status. 

Roughly half of California’s farmworker population is believed to be undocumented. Fear of deportation and difficulties finding jobs can discourage workers from filing labor complaints or serving as witnesses in cases alleging unsafe work temperatures, wage theft, or employer retaliation for unionizing, officials said...

Respecting immigrant rights

Farmworkers in labor investigations who qualify for the new state program will receive a direct referral to legal services organizations that already offer immigration services, such as the Community Action Board of Santa Cruz County or the United Farm Workers Foundation, which spoke in support of the program. 

The free legal services workers could receive include case review, legal advice and representation by an attorney, according to Newsom’s office...

Deferred deportation

State officials said the pilot program aligns with a new Biden administration policy that makes it easier for undocumented workers who are victims of labor rights violations to request deferred action from deportation. Because the federal Department of Homeland Security can’t respond to all immigration violations, it exercises “prosecutorial discretion” to decide who to try to deport.

State officials said they won’t ask for workers’ immigration status, but noncitizens granted this deferred action may be eligible for work authorization.

This year, California labor department officials began supporting undocumented workers’ requests for prosecutorial discretion or deferred action from federal immigration officials, including when employers threaten workers with immigration enforcement to prevent workers from cooperating with state investigators. 

“The Department of Industrial Relations’ Labor Commissioner’s Office … was the first state agency to request deferred action from DHS for employees in an active investigation, and that request was successful,” Hickey said. “This is an important process for undocumented workers to be aware of.”"

-via CalMatters, July 21, 2023

[rhazberriquartz]

If you are LGBT+ and married. I suggest getting your power of attorney and wills started/finished now.

Rocket Lawyer

Most libraries will notarize them for free.

It's the one thing I've not seen folks talk about. This is important. Do it while you can.

Adding on: make sure your paperwork is all done in the same pen! It can void it if it's not!

Reblog the hell out of this.

[bursting-at-the-seems]

Housing Disability Discrimination Support

Hi everyone,

I'm reaching out to share my experience with my LL and to seek advice or support as I believe I am experiencing disability discrimination.

Questions:

Am I on the right track? Are they in violation?

What to I do next?

Can I represent myself? Do I need an attorney?

Is it time to file state and federal reports?

Know of an AZ attorney who can help?

Summary:

I've been facing significant issues with my landlord (LL) regarding delayed disability accommodations and incorrect billing. Despite requesting accommodations over three months ago, they has not resolved the issue. Additionally they have made billing errors, including unauthorized charges and fees that are connected to my accommodation request, and they have failed to communicate effectively. Additionally, their legal counsel has used ableist language and derailed conversations about accommodations, seemingly to discourage me from pursuing my rights; I also think they are misrepresenting the law. This situation has caused undue hardship, and I believe their actions may constitute harassment and discrimination under the Fair Housing Act (FHA), Americans with Disability Act, and Arizona Residential Landlord and Tenant Act (ARLTA). At this point I am prepared to take legal action if necessary and am seeking advice or support from others who may have faced similar issues.

Context:

- I and two roommates have lived here for 4 years. In December, my symptoms got worse, and I was diagnosed with chronic conditions. We have been in an ADA unit for 3 of the 4 years.

- I pay for a garage, one roommate pays for a carport, and the other utilizes the free parking option. There is no ADA parking on the shortest route to our ADA dwelling. Free ADA parking spaces are not accessible to me due to having to cross a parking lot and other spaces or walk through a handful of hallways.

- Many tenants complain of a lack of parking and often need to park far from dwellings, park illegally, in another’s paid spot, or leave the complex to park elsewhere.

- All dwellings aside from ADA units have top-loading washers. E-check payments can only have 2 fails before being revoked. During my flare of symptoms and unexpected medical costs, we had two fails. Our first two in 4 years.

- This is a privately owned complex with more than 4 units, built in 2009. AZ has one-party consent recording laws. LL office has a history of not answering the phone.

Timeline:

April:

-Concern (confidential per agreement)

-During this concern I began learning about my rights with regards to my disabilities

-Concern resolved

-Accommodations requested

-documentation submitted (doctors note, state issued Handicap Card)

-Maintenance staff states it would be easy to provide top loading washer, could do it right away

May:

-Attorney pushback need new medical note (dr signature not seen), states ADA doesn’t apply, doesn’t understand nexus

-New Medical Note submitted

-Detailed explanation o f nexus over and above required

-Lawyer states LL Not obligated to pay for modifications

-Approves some modifications at my expense

-Approves reinstatement of my ability to make echeck payments, one additional chance only

-Does not approve transition to top loading washer or elevating washer per doctors note or accessible parking

-LL legal rep implies I should be grateful for the upgrade despite stating why it is not accessible for me

-LL legal rep states ADA has no relevance

-LL states they have other top loading machines available but don’t want to have to deal with/ store our front loading.

-LL legal rejects accessible washer and dryer accommodation and accessible parking does not offer alternative solution

-LL states they will have maintenance build block under washer to raise it despite LL legal rep decline (this has been provided)

-LL legal rep states keep paying for garage or use covered parking space, despite covered spot irrelevance as it is another tenants

June:

-payed June invoice via e-check since ability reinstated (documented)

-Lease on dwelling needs to be renewed at the end of month, in reviewing contract notice garage rent has increased by ~67%

-Called City of Gilbert to review ada parking codes, informed that if in an ADA unit FHA states that there must be an ada parking space on shortest route to dwelling. Recorded call.

-Emailed regarding lease renewal and ongoing parking discussion pushing back on increase and restating my request for accessible parking accommodation

-LL legal rep states there is no such thing as an ADA unit, despite the property management referring to it as it and it being a colloquially accepted term.

-LL rep states they do not see why I need accessible parking when I pay for a garage, and we have a covered spot and nothing LL needs to do. That the city is incorrect.

-Push back on this, reexplain that I would give up my garage if g tr here was a free accessible parking option and once again that the covered spot belongs to another tenant.

- nearing lease deadline, reached out asking if we can sign bur leave the garage terms out until resolved or have an extension without fee

-Followed up again with no response onexpiring lease options, highlighting unresolved disability accommodations initially requested in April (over 3 months without resolution).

- LL acknowledged the need for review and suggested a month-to-month (MTM) option at no extra cost until disputes over increased garage rent and the request for accessible parking are resolved.(Documented)

- Received recurring payment reminder, states billing amounts may change based on account balance, account balance is controlled by LL

- while not required as auto pay established, checked ledger around 10pm on 6/30 and saw an amount of $99.76. (Documented)

July:

- In July 1 discovered LL increased the bill and auto-billed $2,943.81, including fees previously agreed not to charge (MTM fee and disputed garage cost).

- Called LLtwice, no response.

- Visited the leasing office with roommate 1; charges were adjusted but a refund was refused. LL assistant manager (am) asserted that only a credit for the following month could be issued, leaving us without $500 in our budget. LLAM said, “It’s not fair but that’s how it is.” Suggested we stop check if we needed another solution. The conversation was recorded.

- Emailed LL with an update.

- Called the bank and was informed of a $30 fee for stopping the check.

- Called LL and spoke with LLAM she stated LL would not cover the canceled check fee. Reminded LLAM this issue arose due to LL oversight and they should bear the fees. -Discussed an alternative solution of letting the check bounce, which LLAM confirmed would not incur a fee and would allow continued e-check payments per the accommodation terms, without a late fee. This call was witnessed by another resident.

- Emailed LL to summarize the call and communicated that we would not return from our holiday until July 7 and would make the payment once there was confirmation that the check had not gone through.

- LL acknowledged the situation, mentioned a grace period for late fees but incorrectly stated that we chose to make an overpayment.

-July 4 Leasing office closed.

-July 8 Received notice that the check was rejected by SanTan upon our return from holiday, attempted payment but was unable to do so online, called the office but was unable to connect with staff.

-July 9 Attempted payment again and found additional fees despite agreements from LL,LLAM

- Received a threatening eviction notice on the door with no prior communication from the leasing office.

-Emailed LL all the above, proving that we did not choose to make this payment; it resulted from LL error in not updating the system per the agreement to not charge for MTM or the disputed garage fee. The auto payment was triggered by LL incorrect managing of account balance despite stating we would not be charged fees and late payment was due to LLAM not following through with commitments on being able to make e-check payment and no fees.

-July Three calls to the office from various residents of 1086 went unanswered.

- Sent an email to LL seeking resolution.

- Follow-up emails from LL and LLAM stating they will get back to us

- Conversation with LL over the phone, who inaccurately asserted that the overpayment was our mistake and held us responsible for all fees. Clarified that the June 30 and July 1 amounts were both incorrect, and the automated payments were managed by LL. Call recorded.

- Left a voicemail for LL corporate office

- Paid July rent, excluding disputed fees and deducting $10 for the cashier check charge that was only needed to be obtained due to LL Error. LL spoke to other roommates incorrectly stating they didn’t understand why I chose to over pay. Roommate 2 states, auto payment controlled by them, and we had checked which we should not have needed to do -no one is checking their Spotify auto payments - recorded

- Submitted formal complaint for delayed accommodation and billing error highlighting the above information

- LL said was not needed as they had been communicating and that the billing and requests are a separate issue - says accepted partial payment as curtesy

- LL legal rep responds to earlier email, not formal complaint, and again rejects accessible parking accommodation, says not needed despite documentation, to keep paying or use other tenants spot, no other option provided, states rate increase is not discriminatory, says this is the last of the matter.

-LL states we are to sign lease by Aug 1, no reinstatement of epayment, offered to cover $80 of fees and we are responsible for over $250

-LL sends this in three separate emails

- Forwards Formal complaint to senior LL corporate staff, LL legal rep, and LL. States that billing errors and the 3 month delay in accommodation are inherently linked as the LL said no fee to extend while we sort through accommodation, then failed to ensure their billing was correct and put burden on me.

Key Points:

Untimely Resolution of Accommodation Request: Over three months have passed since the initial request for disability accommodations, an excessive and legally questionable delay under the Fair Housing Act.

Potential Delay Tactics: It appears that LL may have deliberately delayed the accommodation process, which coincided with our lease renewal period. This delay tactic is concerning as it suggests an attempt to force us out of the premises, especially given the sudden notice of five days provided after their billing mistake.

Legal Counsel's Conduct: LL legal counsel has repeatedly used ableist language and derailed conversations about accommodations by fixating on irrelevant information and nitpicking colloquial language. This appears to be an intentional strategy to wear out disabled tenants and discourage them from pursuing their rightful accommodations.

Legal Implications: Potential disability discrimination due to unresolved accommodation requests and mishandling of billing.

Definition of Harassment in Housing Context: Harassment in a housing context includes actions that create a hostile living environment, repeated and unreasonable demands, or failure to make necessary accommodations, particularly when these actions are taken against someone because of their membership in a protected class (such as individuals with disabilities).

Legal Case Summary:

LL actions constitute a blatant disregard for Arizona state law and federal housing regulations. Under the Arizona Residential Landlord and Tenant Act (ARLTA), landlords are required to maintain fit and habitable premises and make all repairs necessary to keep the premises in a livable condition (A.R.S. § 33-1324). LL repeated billing errors and failure to address accommodations contravene these obligations. Furthermore, under the Fair Housing Act (FHA), it is illegal to discriminate against individuals with disabilities, including failing to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling. The excessive delay of over three months in addressing my accommodation request is unreasonable and likely a violation of the FHA. Additionally, the rent increase after the accommodation request, the assertion that paying for accessible parking is the only option, followed by an increase in garage rent (the accessible parking option), and the mishandling of July rent with associated fees and penalties, are all linked and indicative of a pattern of discriminatory and retaliatory behavior by LL. These actions, taken together, create a hostile living environment and impose undue financial and emotional stress potentially constituting harassment. Federal guidelines and best practices indicate that accommodation requests should be acknowledged within 3-5 business days, an interactive process should begin immediately and be completed within 1-2 weeks, and simple modifications should be addressed within a few weeks. The delay of over three months in resolving the request for accessible parking is excessive and fails to meet these standards. Timeline above illustrates LL failure to uphold agreed-upon lease terms and accommodate disability needs regarding accessible parking. Their actions have led to undue financial burden and threats of eviction, potentially violating both the FHA and state law. SanTan's conduct could be construed as harassment and discrimination, subjecting them to significant legal liability.

Action Needed from LL:

Immediate correction of billing errors, waiver of unauthorized fees, reinstatement of e-check payment ability, resolution of the accommodation request, and execution of the lease agreement. LL must address communication shortcomings and ensure compliance with the FHA and the Arizona Residential Landlord and Tenant Act to prevent further legal consequences, including potential lawsuits for discrimination, harassment, and breach of contract.Failure to comply to result in legal action seeking damages, including punitive damages, for the distress and financial losses incurred due to LL unlawful practices. We are prepared to pursue all available remedies under state and federal law to protect rights and ensure fair treatment.

Any advice, support, suggestions on the above much appreciated!

[fisarmonical]

James Lorenz, founder and first director of California Rural Legal Assistance, smoking a pipe. He was head of the Department of Employment Development for six months in 1975.

[neu-apostolisch]

image description: A post from the Muslim Justice League and the Asian American Legal Defense and Education Fund that reads:

If you are Arab, Muslim, or perceive to be or just visibly supporting Palestine - you are likely experiencing increased violence and harassment in this moment. Please contact our partners at AALDEF to report incidents - even if you don't want to pursue legal action they can support you.

AALDEF contact information: 212-966-5932 and info@aaldef.org

The Asian American Legal Defense and Education Fund (AALDEF) stands in solidarity with Palestinian, Arab, and Muslim communities. With the rise in Islamophobic and anti-Palestinian violence, we are painfully reminded of the post-9/11 era, which ushered in acute Islamophobia, xenophobia, discrimination, and violence targeted at our communities. We offer ourselves as a legal resource for those who are facing harm and violence based on their religion and/or polirics. If you or your loved ones are targeted because of your support for Palestine or have experienced Islamophobic attacks or discrimination, please reach out to us so we can help assess the resources you need.

Legal issue areas that we can help with include:

Islamophobic and anti-Palestinian violence or discrimination

Bullying or discrimination in schools

Employment discrimination/retaliation

(End id.)

[untitledesquire]

I’m a Tenant Defense Attorney, and wanted to share some tips that I think are the most important things for tenants to know/do regardless of jurisdiction (insert generic “this is not legal advice” disclaimer here):

Important disclaimer, I practice is Massachusetts and our laws may differ from your. I am going to give general advice applicable to most situations, but please defer to subject matter experts in your own state.

1) Communicate with your landlord exclusively in writing. In a lawsuit you will need to demonstrate your attempts to give notice of bad conditions and issues to them, and it’s very easy for them to lie if there’s no written record.

2) If you have a verbal conversation with a landlord either write a contemporaneous dated note or send them an email summarizing your conversation.

3) Take photographs of all bad conditions, with the date stamped on it, and preferable take multiples over whatever period of time they exist (take one dated photo every week for example). You will want as much evidence of timeline as possible.

4) Don’t trust your landlord when they say they are trying to fix something. Even if they aren’t intentionally lying, their interests are generally very different than yours. Stay on their necks for as long as the issue exists.

5) Call your local board of Health or Code Enforcement office if your landlord fails to make repairs. Their reports are excellent evidence.

6) If you are a low income individual call your local legal aid organization. Every state has a LSC funded organization, and you can search them at https://www.lsc.gov/about-lsc/what-legal-aid/i-need-legal-help?address=

7) Don’t be afraid to ask for help or organize with other tenants. You are strongest together and no one deserves to lose their home.

8) Even if you like your landlord, don’t trust them to have your best interest at heart. I know it sounds cynical, but your survival/housing is a business to them and they will evict you if given the chance to make more money off of another tenant. Contact a lawyer or any organizations that can advise you, and know your rights before agreeing to anything or engaging with your landlord.

[tonyburgessblog]

A Memorial Day Public Service Announcement

It is Memorial Day in America. That means there will be a 3-day weekend for most folks including those who work in our courts. As a courtesy remember the judge doesn’t come into Tuesday so don’t do anything to get yourself into trouble.

[fromgreecetoanarchy]

🛑 Helping the fight against rapists in court

📍 This campaign aims to raise the costs for the trail regarding a rape incident in Athens, Greece, supporting the survivor in her legal fight. The costs are huge (~10,000 euros), so every contribution is valuable.

📍 The rape happened in the neighborhood of Vyronas (Athens) on New Year's Eve 2021, in a safe environment for the survivor, in a friends' house. After the incident, the survivor’s abuse has been perpetuated ever since, with the attempt of the incident’s cover-up. Once again it is confirmed that rape is the only crime for which the victim is responsible. The survivor is constantly questioned, reliving in this way her/his abuse again and again.

📍 And when she/he finally manages to gather the strength to confront her/his rapist in a courtroom, the judicial system (investigators, prosecutors, judges, juries) tends to defend the rapists, instead of protecting the survivors, financially draining them with extreme court fees.

📍 Every financial contribution, to this campaign is our participation in supporting the legal battle of the survivor, and it is therefore equivalent to being there for her in her battle for justice.

⭕️ In this way, we disrupt the culture of indifference, silence and eventually complicity in the next rape.

👉 https://gogetfunding.com/%ce%b3%ce%b9%ce%b1-%ce%b4%ce%b9%ce%ba%ce%b1%cf%83%cf%84%ce%b9%ce%ba%ce%ac-%ce%ad%ce%be%ce%bf%ce%b4%ce%b1-%ce%b5%cf%80%ce%b9%ce%b6%cf%8e%cf%83%ce%b1%cf%82-%ce%b2%ce%b9%ce%b1%cf%83%ce%bc%ce%bf%cf%8d/

[the-garbanzo-annex-jr]

The European Union is formulating a new program to protect Palestinian claims in parts of the West Bank fully controlled by Israel, known as Area C, according to a confidential document reported by Israeli television.

The six-page document from June 2022, titled “European Joint Development Programme for Area C,” says that the EU “aims at defending the right of Palestinians living in Area C and preserving Area C as part of a future Palestinian State in line with the Oslo Accords.”

It also lays out practical steps such as mapping out land in Area C, according to Israel’s Channel 13 news, which broke the story on Monday.

The EU document discusses the need to provide legal aid to Palestinians in Israeli courts to protect their claims, and to monitor Israeli archaeological digs in Area C, which it sees as a tool Israel uses to tighten and justify its control over the West Bank.

Ultimately, the EU would like to see Area C combined with Areas A and B, with no distinction between them, according to the report.

[beautifulsnake2162020]

I GOT ACCEPTED IN MY SCHOOL'S LEGAL AID!

^ME RIGHT NOW

[cloudstrychnine]

Help us stay housed for my birthday and sue for trans rights!!

My fiance's job assignment ends Friday, I haven't been able to find work my disabled body can do, and we still owe LAST MONTH'S RENT. We're both middle aged and transgender, we do not have families we can lean on. We have Cashapp, Venmo, and a survival GoFundMe. I'll be making a separate GFM for any legal fees, transportation, and other expenses after getting in touch with legal aid.

Two years ago our transphobic landlord illegally evicted us. We were homeless and despite pandemic programs like hotel vouchers being available the only help the state would offer was to direct us to a Christian mission the state has partnered with. We did contact the mission but we were turned away because they told us "we're a church" and would have forced the trans women into men's dorms.

Every single program set up to help people during the pandemic failed us. Even turning to unemployment when my job illegally recorded my medical leave of absence (I was literally dying, hospitalized with acute pancreatitis after covid) as a voluntary termination on my part, they lost paperwork and I wasn't provided accommodations for my disabilities.

Yet our landlords claimed over $6000 in PPP two years ago and had it forgiven.

I'm contacting the ACLU, Transgender Law Center, a local tenant law group, the state bar association, and a few politicians. We need to fight for ourselves and ALL the trans people this state refuses to acknowledge. There are federal funds specifically set aside for LGBTQ+ people and my state has not accepted these funds because the politicians in charge claim we don't have a large enough trans and queer population. This is false, by the way, my state has one of the highest trans populations in the US and that's with extreme under-counting!

[comlawyers]

Find the best commercial or business lawyer to help you today

Discover the perfect lawyer for your needs from our extensive network of over 250 partner lawyers spanning Quebec and Ontario! Fill the form at https://comparelawyers.ca/. Free and no obligation!

[yeiyeisj]

Supreme Court: 60 hour pro bono legal service aid now required for lawyers

Lawyers will now be required to render 60 hours of pro bono legal service for every three years after the Supreme Court (SC) en banc approved the rules on unified legal aid service (ULAS). Under the ULAS Rules, indigent Filipinos who have no financial capacity to afford legal services will be eligible to get the aid. It will be free, with other necessary expenses to be charged to a specialized…

[orphancookie69]

Now Entering My Legal Aid Era!

So I have been in Real Estate for at least 5 years, and in many states real estate transactions involve a lawyer. In cali, they do not (yet). But the understanding of law and paperwork makes this a very legal like job.

This year alone I have helped family members with trust disputes, creating living trusts, reverse mortgages, and now divorce. I somehow became this (surprisingly competent) legal aid. I have made posts about the trust disputes-the new living trust and reverse are after actions of that (and still in progress). This post is going to be about Divorce.

My Background:

It is interesting to come from a background of divorce from the generation above me. A stark contrast from the generation above that of my parents that both of my parents (as I knew my parents to be when I was young) are still together. I would later find out that I am adopted and there is more of a mix of marriage and divorces in the paternal (biological) side of the family. I just recently lost my grandfather, who was married to my grandmother for nearly 60 years. This shaped my view of marriage, mixed with my old school sense of "one and done".

But my parents were married for about 10 years. Before the end of the first marriage, my mom had switched gears. I was too young to help with her first divorce but I know that she just finished it before entering marriage #2. Second marriage lasted a similar amount of time as the second one. She has since met someone else and they are interested in getting married in the medium to long term future. For the fact that this is her second go around with Divorce, she's having issues.

She used to be in Real Estate, but it has been many years and is now a flight attendant. Me being in real estate, I can do weird paperwork. So I took over and took my time in assessing where she was at in comparison to where she wanted to be. We tried to hire a lawyer to help us, but she refused to help us and was really rude.

Divorce 101:

So there are 3 basic steps to divorce: File, Serve, and Submit. You file the request to divorce with the court. While there can be nuances to the types of responses or whether or not there are kids/assets-the other party is served and can choose to/not to contest it. Once step 1 is done, you go over the bulk of the paperwork with the partner, and file something stated you have done your due diligence as a couple. Once that is done you submit everything and hope it goes through.

This particular divorce is no kids, no assets, and not contested. This should be the simplest divorce ever.

So we attempting file once, and it comes back with remarks on how to fix it. We made the corrections and then I filed again. I tried to call to get clarification on the second round of corrections and they are open by phone for 1 HOUR A DAY during the week. It took me almost the whole hour to get them on the phone. I tried emailing them but that did not go through? I was advised to go in person or submit my stuff online.

I tried to make time to go in person, but when I went it was CLOSED. For indian people day? Like no notice. So I made another day to go and then they told me because I was not named, they would not speak to me. Literally if I had a lawyers education-my life in that moment would be so much easier. So I just dropped it off. Hoping for good things in round 3 but the things they said were wrong, I couldn't find anywhere on the documents.

Also, this has made me way more wary of divorce. Like I wasn't the biggest fan of it before but damn. Like we are supposed to have one of the better systems and any time I interact with it, it sucks worse and worse.

While everyone else seems to be entering their "bad bitch era" or "spooky ho season" here I am kicking ass and taking names, courthouse style. My sister has joked that I should become a lawyer, and my reply was, "Legally Brunette" coming soon to you in theater's! I thought it was a funny, completion of things if you will, given where I have been, where I am at, and where I am possibly going in life!