MA - HOUSING RESOURCES MAY 8

 

BEING HOMELESS DOES NOT MEAN BEING INCAPACITATED

Matter of Fritz G., 2018 NY Slip Op 05592, Decided on August 1, 2018, Appellate Division, Second Department:

"The petitioner is the mother of Fritz G., who allegedly suffers from schizophrenia and bipolar disorder. The petitioner commenced this proceeding pursuant to Mental Hygiene Law article 81 seeking to be appointed as the guardian of the person and property of Fritz G. She alleged that Fritz G. was not compliant with his medications and that, as a result, he lived on the street and did not take care of himself. After a hearing, the Supreme Court, inter alia, granted that branch of the petition which was to have the petitioner appointed as the guardian of the person of Fritz G., and appointed the petitioner as the guardian of Fritz G.'s person. Fritz G. appeals.

The Supreme Court may appoint a guardian for a person if the court determines that the appointment is necessary to provide for the person's personal needs or to manage his or her property and financial affairs, and the person either agrees to the appointment or is incapacitated (see Mental Hygiene Law § 81.02[a]; Matter of Harold W.S. [Mark P.—Lauralyn W.], 134 AD3d 724, 724-725). In determining whether the appointment of a guardian is necessary, the court must consider the report of a court evaluator as well as the sufficiency and reliability of resources that may be available to provide for personal needs or property management absent the appointment of a guardian (see Mental Hygiene Law § 81.02[a]). A determination of incapacity must be based on clear and convincing evidence and must consist of a determination that a person is likely to suffer harm because he or she is unable to provide for personal needs or property management and cannot adequately understand and appreciate the nature and consequences of such inability (see Mental Hygiene Law § 81.02[b]). Moreover, a guardian should be appointed only as a last resort, where no available resources or other alternative will adequately protect the alleged incapacitated person (see Matter of Harold W.S. [Mark P.—Lauralyn W.], 134 AD3d at 725; Matter of Albert S., 286 AD2d 684, 684; Matter of Maher, 207 AD2d 133, 140).

Here, the evidence at the hearing consisted only of the petitioner's testimony regarding Fritz G.'s mental illness, and a cursory report and testimony of the court evaluator, who had only one brief conversation with Fritz G. by telephone. This evidence failed to establish that Fritz G. was incapacitated. Moreover, the Supreme Court failed to consider less restrictive options than appointment of a guardian. Accordingly, that branch of the petition which was to have the petitioner appointed as the guardian of the person of Fritz G. should have been denied. Nevertheless, it was clear from the petitioner's testimony that Fritz G. is in need of assistance, and the parties' attorneys specifically mentioned the possibility of assisted outpatient treatment to address those needs. The petitioner's failure to establish, on this record, the necessity of Mental Hygiene Law article 81 guardianship does not preclude her from seeking any appropriate assistance for Fritz G. (see e.g. Mental Hygiene Law § 9.60)."

HOUSING AND HOMELESS PREVENTION IN NASSAU COUNTY

From the Nassau County website:

"Shelter placements and assistance with emergency housing needs are provided at the Department of Social Services (DSS) under the auspices of the Nassau County Office of Housing and Community Development (OHCD).

Eligible individuals and families can, on an emergency, temporary basis be assisted with shelter and other items of need to help them meet their emergency and move as quickly as possible to a stable self-sufficient role in the community.

Housing Programs & Requirements
If a family or individual is threatened with eviction or foreclosure, assistance may be available to save the current housing. These emergency programs are:

• Emergency Assistance to Adults
• Emergency Assistance to Families
• Emergency Safety Net Assistance

These programs were designed to meet one-time non-recurrent emergency situations.

These benefits do have specific eligibility requirements, and each case receives the attention of a worker with specialized knowledge in this area. Applications for eligibility should be made as soon as the potential problem becomes known.

Following approval of eligibility by DSS, OHCD will proceed with providing for emergency housing assistance."


See https://www.nassaucountyny.gov/1921/Housing-Homeless-Prevention

HOMELESS IN NASSAU

Whether it's due to eviction, foreclosure, divorce, etc.:

"If a person is experiencing a housing crisis in Nassau County, he or she should go to the Nassau County Department of Social Services (DSS), at 60 Charles Lindbergh Blvd. in Uniondale, Monday thru Friday, between the hours of 8:00 am – 4:00 pm. A DSS emergency services unit worker will assess the individual’s needs. The person may have to wait some time before they receive their referral for an emergency housing placement.

If a person experiences a housing crisis after 5:00 pm during the week, anytime during the weekend, or during a Holiday please call the DSS Emergency Night Services Unit at (516) 573-8626."

From http://www.the-inn.org/programs/if-you-are-homeless.html

HOMELESS IN NASSAU

Some information I found from various websites when I recently counseled a tenant who was not only facing eviction but lacked any financial means to obtain new premises. This list is not meant to be all inclusive but for those faced with eviction and in need of immediate housing assistance, please note the following:

1. "If a person is experiencing a housing crisis in Nassau County, he or she should go to the Nassau County Department of Social Services (DSS), at 60 Charles Lindbergh Blvd. in Uniondale, Monday thru Friday, between the hours of 8:00 am – 4:00 pm. A DSS emergency services unit worker will assess the individual’s needs. The person may have to wait some time before they receive their referral for an emergency housing placement. Shelter placements and assistance with emergency housing needs are provided at the Department of Social Services (DSS) under the auspices of the Nassau County Office of Housing and Community Development (OHCD). Eligible individuals and families can, on an emergency, temporary basis be assisted with shelter and other items of need to help them meet their emergency and move as quickly as possible to a stable self-sufficient role in the community. If a family or individual is threatened with eviction or foreclosure, assistance may be available to save the current housing. These programs are: Emergency Assistance to Families, Emergency Assistance to Adults and Emergency Safety Net Assistance. These programs were designed to meet one-time non-recurrent emergency situations. These benefits do have specific eligibility requirements, and each case receives the attention of a worker with specialized knowledge in this area. Applications for eligibility should be made as soon as the potential problem becomes known. Following approval of eligibility by DSS, OHCD will proceed with providing for emergency housing assistance."

2. "The INN’s emergency shelters provide housing and supportive services for guests experiencing the trauma of homelessness. The INN has three emergency shelters in Nassau County—two family shelters and one shelter for single men. The INN shelters are open all year long and staffed 24 hours a day, 7 days a week. Additional services provided to the shelters include educational workshops for the guests on activities of daily living, parenting, employment, nutrition, etc. The INN also has a housing specialist to assists families in locating and securing appropriate and affordable housing. For further information please contact The INN's main office, at (516) 486-8506"

3. "Bethany House provides safe, supportive, emergency housing for women and their dependent children, and a comprehensive range of additional programs and resources. Each shelter has a social worker to assist guests with crisis intervention and prevention, goal identification and achievement, and overcoming barriers that led to homelessness. The social worker also assists the guests in identifying and developing support systems and services to prevent the future of homelessness. Support staff helps guests to adjust to communal living; ensure a safe, stable, dignified environment; and provide information and referrals. Bethany House, 102 Whitehouse Avenue, Roosevelt, NY 11575 (516) 868-6866"

4. "Other programs that provide a temporary place to stay (usually three days to two weeks), generally in dormitory-style facilities with very little privacy, for people who have no permanent housing. Also included are programs that provide motel vouchers for people who are homeless.

See http://211longisland.communityos.org/taxonomy/taxonomy_overview.taf?taxonomy_id=525848"