Micah Legal Aid

Volunteer TrainingMarch 1, 2008

Welcome !

Introductions Clinic

Vision and purpose Hours: First Tuesdays, 6:30pm to 9:30pm & Third

Saturdays, 10:00am to 1:00pm Collaboration with LAF

Funding restrictions Priorities

Languages

Conflict-checking

Malpractice insurance

Commitment

How MLA will work

Call ahead or walk in Receptionist as first-level screener

Interview with attorney Get second phone number & best times to reach Double-check immigration status Confirm income amounts Interview

Advise, refer, or set up intake appt for LAF Advise and refer on the spot, or through follow-up Always record advice given, and check in with advisory

attorney

Interviewing clients

Cross-cultural interviewing Limited resources, limited education Diverse client base Different expectations

Interviewing victims of domestic violence Language – referring to the abuser Asking questions – follow up

e.g. Have you ever been forced to do anything sexually? Has it ever scared you when he’s punished the children?

Clients with multiple problems Multiple legal problems Multiple non-legal problems

ASK: What do you want to happen? What do you want us to do? How can we help you? Why did you come today? Etc.

Common non-legal issues

Health insurance AllKids, free clinics, help with prescriptions

Financial education Emergency food, clothes, furniture Job training or employment services Rental assistance Counseling and/or shelters

Legal Areas

DV/divorce/custody Housing Employment or unemployment Consumer

Auto repossession Utilities Foreclosures

Family Law

Domestic Violence Not just hitting – see power and control wheel Difficulty in leaving

Safety plan Attending to clt’s emotional needs

Affirm, encourage, respect – she is the expert in her own life.

Family Law

LAF handles: Orders of Protection Divorce

Custody Division of marital property Child support & maintenance

Custody

Family Law

Ask about: Abuse Children

Primary caretaker? For custody, many factors addressed in statute; who has

been primary caretaker carries weight Client’s feelings regarding visitation

Court VERY hesitant to deny a parent contact w/ kids. Standard: best interests of child – usually abuse restricts

visitation Supervised visitation Therapeutic visitation Conditional visitation

Family Law

Ask about: Property (under either spouse’s name)

Including retirement and 401Ks If acquired during marriage, generally considered

marital property, to be divided. Debts (under either spouse’s name)

Same as property. Client’s and spouse’s employment

Family Law

Ask about: Child support

Statutory amounts: 1 child – 20% of net income; 2 children – 28%; 3 children – 32%; 4 children – 40%.

Wages can be garnished if obligor is employed. Arrearage can be sought even after child reaches

majority. If out of state order, must register the order in IL. Seeking child support advice and enforcement:

Illinois Child Support Enforcement Office, IV-D program Cook County State’s Attorney’s Office.

Family Law

Orders of Protection Purpose Types:

Emergency Orders Plenary Orders

Obtaining an OP Relief offered

Stay away No contact

Custody Property/Possession

Family Law

Where to send clients: If there is abuse, intake at LAF If there is no abuse, no kids, no property or

debts, LAF’s Pro Se Divorce Clinic & CARPLS If there is no abuse but there are kids or

property or debt, CVLS, CLC, Kent Legal Clinic or Loyola Legal Clinic

Child support only: IV-D program

Family Law

Client has extensive abuse history. Unmarried and unemployed, she is receiving state assistance. She lives apart from her abuser, who is also the father of her child. He comes and picks the child up once a week or every other week. She seeks child support. What to ask? How to advise? What else does

she need?

Housing Law

Private LL/T relationship – just two parties Contractual lease arrangement T is responsible for market rent State LL/T laws and local ordinances apply, e.g.

RLTO in Chicago. Refer to LCBH. Advise only if comfortable with

eviction law (see eviction benchbook on www.illinoislegaladvocate.org)

Housing Law

Public Traditional public housing

Governed by CHA – Chicago Housing Authority “the projects” Rent – flat or income based (30% of “adjusted

income” or 10% of gross income (whichever is greater)).

Termination from public housing can only occur for good cause, e.g. nonpayment of rent, failure to recertify, report updates income, report changes in family composition.

Housing Law

Public Section 8 Housing Choice Vouchers

Subsidy attached to T, i.e. mobility. T gets moving papers: one year/bad housing conditions Administered by CHAC, Inc.

Three party relationship: LL/T/CHAC enter into Housing Assistance Payments (HAP) contract.

All holders are bound to their Family Obligations. If violated, holder risks losing their subsidy.

Terminations of assistance – most occur bc of violations of Family Obligations.

Appeals process.

Housing Law

Public Section 8 Project-based buildings

Subsidy is attached to the building. Tenants don’t have same mobility. Once out, out for good.

No local governing body for these buildings – individual entities with own leases and policies.

Housing Law

1st question: Subsidy? If yes, likely an intake appointment at LAF If no, advise & refer

Termination of assistance (Housing choice vouchers - CHAC)? Be aware client has 30 days in which to file informal

hearing request Termination of tenancy (Traditional public

housing - CHA) or other complaint? Be aware client has limited time to file a grievance

(time period varies based on reason)

Housing Law

Legal Issues: Conditions – both private and public

Repair and deduct Cost of repair to unit <$500 or ½ monthly rent (whichever

is greater) T sends written notice to LL that unless LL repairs within

14 days, T will repair unit and deduct costs of repair from rent.

Withhold rent T sends written notice to LL that unless LL repairs within

14 days, T will withhold from rent an amount that reasonably reflects reduced value of unit.

Housing Law

Legal issues: Conditions – both private and public

Termination of lease T sends written notice to LL that unless LL repairs within

14 days, T terminates lease. 30 days to leave unit after notice.

Affirmative litigation T may sue LL for damages (if very serious); request

injunction enjoining LL to repair unit; and/or recover damages as counterclaim in eviction action.

Other remedies/assistance 311: Chicago’s non emergency hotline – for no heat, rotten

porch, sanitation issues. LAF or LCBH

Housing Law

More Legal Issues: Lockout

Takes many forms Police must investigate LL may be fined $200 to $500 per day and T may sue for

damages. Proper court process

EVICTION Nonpayment of rent

5-day notice & 5 days to cure Violation of lease agreement

10-day notice & 10 days to cure

Housing Law

More Legal Issues: Foreclosure based Eviction

Right to notice and hearing before order of possession is entered against T.

Proper notice – if T is named as D in foreclosure action, or named as “unknown owners” and they receive summons. If not, tenancy survives foreclosure and judicial sale

From time foreclosure action is filed, T has approx 7 months up to a year to get out of apt and find new one.

Advise clt to find new place ASAP. If Section 8 voucher holders, notify CHAC of foreclosure

action immediately to get moving papers.

Housing Law

Homeownership Mortgage foreclosure

Predatory lending and servicing Mortgage rescue fraud

Ask whether clients would be able to afford their home, or have a significant amount of equity

Employment Law

Unemployment Insurance Claims Claims adjudicator (appeal) Reconsideration (appeal still in place) Referee Hearing [LAF involvement begins] Board of Review Circuit Court, called Administrative Review

Action

Employment Law

No UI if: Voluntary Leave

Did client quit? Was the cause attributable to the employer? A reasonable attempt to resolve the problem with the

employer? Misconduct

Reasonable rule or policy Client deliberately and willfully violated it Violation was after a warning or caused harm

Employment Law

Employment Discrimination Race, sex, age, religion, disability, etc. Know Statute of Limitations! Advice: File complaint with appropriate agency.

If receive finding of substantial evidence from agency, LAF may represent (intake appointment)

Retaliatory Discharge Wage claims

Advice: file complaint with Ill. Dept. of Labor, Wage Claims Division (unless Migrant worker)

Consumer Law

Auto repossession Scenario: The client has gone to a dealership and bought

a car (sometimes it comes with a warranty. Sometimes she buys it “as is”). Subsequently, the car breaks down, or he can no longer afford to make payments. She returns the car or it gets repossessed. The dealership then sells the car, usually for a lot less than it’s worth, and sues the client for the deficiency.

Advice? When clt has bought car “as is” and now car has broken down When clt has a warranty but the dealership will not honor it When clt can no longer afford to keep up with loan payments

Consumer Law

Energy bills/companies Scenario: The client has an unusually high utility bill and/or

has received a shutoff notice. She may just not be able to afford to pay. He may have signed up for a service that he thought would help cut down the cost of his utilities but got slammed with a higher bill instead.

Advice? When clt’s bill is unusually high When clt has received shutoff notice/already lost service When clt cannot afford to pay When clt has signed up for service that leads to higher bills

Consumer Law

Shoddy contractor work Scenario: The client hires a contractor to do some

home repairs/improvement. The contractor starts the work but does not finish or does not do the job that was promised. The contractor may refuse to finish or fix their mistake without the client paying them more money. Sometimes, the contractor will sue the client for not paying what they contracted for.

Advice? If, after reviewing the contract, the client’s version of

events holds up, then we can set them up for an appointment at LAF.

Consumer Law

Hospital Collections Scenario: The client is uninsured but needs

medical services. He then gets slammed with a bill from the hospital that he cannot afford to pay. He may then get sued.

Advice? When the client gets the bill but before they get sued When the client is being sued

Public Benefits

LAF’s Public Benefits Hotline: (888) 893-5327

More information: www.illinoislegaladvocate.org

Resources at MLA

Internet access Illinois Legal Aid online

www.illinoislegaladvocate.org www.illinoislegalaid.org

Social service referrals Self-help materials Legal service agency referrals

Legal Service Agency Referrals Lawyer’s Committee for

Better Housing (312) 347-7600

Legal Aid Bureau (312) 738-9200 Family law

Chicago Volunteer Legal Services (312) 332-1624 wide spectrum

Chicago Legal Clinic (773) 371-1762 all, sliding fee scale

Access Living (312) 640-2100

CARPLS (312) 738-9200 Help Desk, 30th Floor,

Daley Center Cabrini Green Legal Aid

(312) 266-1345 housing, family,

expungement, criminal LAF’s Public Benefits

Hotline Equip for Equality (312)

341-0022