HOUSING HIGHLIGHTS
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HOUSING HIGHLIGHTS |
Newsletter of the Housing Unit |
HEAP
HEAP stands for the Home Energy Assistance Program. This is a program that helps low-income families pay for home heating.
Who is eligible for HEAP?
In order to get HEAP, you must either be responsible for paying your own heating bills out of your grant or pay for heat as part of your rent. You do not have to deal directly with a utility company or other energy supplier. But there are exceptions. If you live in subsidized housing, you will not get HEAP unless you pay your own heating bills directly to the utility company. Other exceptions may include:
If you are denied HEAP because of your living arrangement, call our office immediately.
Does the fact that I get public assistance mean that I will automatically receive HEAP?
No. Households that contain a “vulnerable” member (for example: (a) a child under six years of age, or (b) an individual 60 years of age or older, or (c) an individual with a disability)
will get HEAP automatically. If there is no “vunerable” household member, you must apply for HEAP, even if you are receiving public assistance.
What if I only get Food Stamps?
You probably qualify for HEAP if your household has a “vulnerable” member or if you received benefits last year. You should receive a form by January 31 about your HEAP eligibility. Be sure to complete and return the form. If you don’t get the mailer, you have to apply for HEAP.
What if I do not receive benefits from any program?
You can apply for HEAP benefits in person at the 1st floor of the Rath Building, 158 Pearl Street. If you receive public assistance or food stamps, you will not have to be interviewed, so you can go to the HEAP office between 8:30 a.m. - 4:30 p.m.. However, if your service is being terminated, or you do not get public assistance or food stamps, you should get to the Rath Building as early as possible.
How much will I get from HEAP?
The size of your HEAP benefit will depend on the type of heat you use and whether you pay your heating costs directly to a utility company or pay for heat as part of your rent. Since the amounts change from year-to-year, call our office if you have a question about the amount.
Who will receive the HEAP check?
Usually, the check will be paid directly to the utility company. However, if your heat is included in your rent, the check will usually be sent to you. There are, however, exceptions.
What if I have questions about HEAP?
Call the HEAP Office of the Erie County Department of Social Services at 858-7644. If your questions are not answered there, feel free to call us.
Also, you may call us immediately if you are denied HEAP or have questions about the amount you received. We will review your case and tell you how to challenge the decision, or we may agree to take your case. You must request a Fair Hearing within 60 days of the decision. Notify New York State Office of Temporary and Disability Assistance (NYSOTDA) by telephone, fax, or mail that you want a Fair Hearing. You can write on the back of your notice the reason for requesting the hearing. If you phone, get the name of the person you speak to. If you write, send your letter by certified mail and keep a copy. The correct address is:
New York State Office of Temporary and Disability Assistance (OTDA)
Office of Administrative Hearings
P.O. Box 1930
Albany, New York 12201-1930
Telephone No.: 1-800-342-3334 or (716) 852-4868
Fax No: (518) 473-6735 (you must have form from Albany)
LAWYER IN THE MORNING PROGRAM
Neighborhood Legal Services, Inc. (NLS), the Erie County Bar Association , the Volunteer Lawyers Project (VLP), and the Legal Aid Bureau provide representation to low income tenants facing evictions in Buffalo City Court. Neighborhood Legal Services and the Volunteer Lawyers Project have successfully staffed the Attorney of the Morning Program in Buffalo City Court since 1990. The Legal Aid Bureau began in …………..
The primary goals of the Attorney of the Morning Program are (1) to enhance family stability and reduce the incidence of homelessness by raising legal defenses and negotiating settlements that allow tenants to remain in their homes or allow sufficient time to obtain suitable/affordable housing, (2) to allow tenants to retain federal housing subsidies; and (3) to require landlords to bring substandard housing into compliance
Prior to the initiation of the Attorney of the Morning Program in Buffalo City Court, the Court estimated that 90 percent of un-represented tenants were evicted without being granted more than 72 hours allocated by law to move their possessions and locate new housing. According to Volunteer Lawyers Project statistics in cases where tenants obtained representation through the Attorney of the Morning Program, 19% had the eviction case against them dismissed , 26% entered into agreements with their landlord to continue the tenancies, and 48% obtained some benefit such as more time to re-locate or a reduction in the amount of money awarded against them.
The more time a low income family has to move, the greater the chance that the family will be able to locate safe and affordable housing. The opportunity to obtain legal representation in an eviction proceeding can mean the difference between being homeless or being home for many low income families.
The Attorney of the Morning Program is located in Buffalo City Court and is staffed by law students, paralegals and attorneys.
After a client is screened and interviewed their case is analyzed for legal defenses, and an attempt is made to negotiate an agreement between the parties. If this is unsuccessful, the attorney of the morning prepares for legal argument and the relevant defenses are raised before the court.
The court in an eviction proceeding may also entertain claims related to the condition of the property involved. A court may rebate rent if conditions exist that are dangerous to the health and safety of the tenant family.
Without legal representation in eviction proceedings, the likelihood that a low income family will become homeless is great.
As a result of the success of the Attorney of the Morning Program, the incidence of homelessness is reduced. Tenants more often win their case or settlement agreements are entered into that allow tenancies to continue or provide the families with ample time to move. Federally subsidized tenancies are protected and low income families are able to continue to live in quality affordable housing.
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