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Neighborhood Legal Services, Inc. |
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Neighborhood Legal Services, Inc. |
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Rental Arrears
© 1997-2005 by Neighborhood Legal
Services, Inc.
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Can the Department of Social Services pay my rent arrears if I am being evicted?
Yes. If you are receiving or applying for public assistance, the Department of Social Services (DSS) can pay your back rent, mortgage or taxes. Even if you do not want public assistance, you can get rent arrears if your income is less than 125% of the federal poverty guidelines. The best way to be sure is to apply.
How do I apply for assistance with rental arrears?
Go to the Housing Unit of DSS located on the first floor of the Rath Building, 95 Franklin Street, Buffalo.
What do I have to show to have my back rent paid?
You must show that you are being evicted because you owe rental arrears. DSS requires court papers or written documentation from your landlord stating that he will evict you if you do not pay the rent and a month-by-month breakdown of the arrears.
How much money should I get?
If DSS finds that you are eligible for assistance, you must get enough money to prevent the eviction. There is no limit to the number of months of back rent DSS can pay, however, if you are receiving SSI benefits, there is a limit. DSS may pay for the full monthly amount of your back rent, even if it is higher than the monthly rent allowance DSS usually gives.
Can the DSS make me pay them back?
If you are on public assistance, DSS may recoup the amount it paid to stop your eviction. If you are an applicant for public assistance, they may recoup part of the money.
If you are not eligible for public assistance because your income is too high, DSS may ask you to sign a repayment agreement. The agreement says that you will repay the money within 12 months. Be sure to ask whether you are eligible for public assistance, even if you are not applying for a cash grant. If you are eligible to go on public assistance, you do not have to sign a repayment agreement.
How often can I receive assistance with my back rent?
You can only receive an emergency payment for your back rent once in five years.
What happens if DSS will not pay my back rent?
If DSS refuses to pay your back rent, and your landlord is threatening to evict you, call our office immediately. We will review DSS's decision with you. We will tell you how to challenge the decision. We may agree to take your case.
If you have to be in Court before you talk to us, be sure to go to Court on your scheduled date. Get there by 9:30 a.m. Listen for an announcement about the Lawyer of the Morning Program. Talk to a representative from the Lawyer in the Morning Program before you tell the Court Clerk you are there. The services provided from the Lawyer in the Morning Program are free and may be of help to you.
