How to Qualify for Legal Aid
Eligibility for legal aid and legal services in Suffolk County NY is primarily based on income level, as well as the type of case you need assistance with. The income limit (the "HUD Section 8" income limit) changes periodically, but currently is $67,050. Legal Aid will not handle cases where the other side is represented by an attorney, unless the case fits into the categories below .
If you are eligible for legal aid and need an attorney, the following types of cases can qualify for free legal help: SSI/SSD, Public Assistance (Cash), Food Stamps, Medicaid, Supplemental Security Income, and other forms of public or subsidized housing.
In order to apply for legal assistance, you need to go through a prequalification process with the Suffolk County Legal Aide Society office. If you think you may qualify, do not delay in taking action. Legal Aid Services cannot provide attorney representation to all who walk through its doors. Services are prioritized for the most vulnerable clients and families.
Best Resources for Free Legal Advice
Over the years the legal aid society has assisted tens of thousands of people who cannot afford a private attorney. New York City residents can contact the legal aid society in Manhattan by calling 212-426-3000. A Suffolk County legal aid office may be reached at 631-853-5255, or you can reach the Queens legal aid office at 718-292-5756. These legal aid offices are not income based.
The Long Island based New York Legal Assistance Group (NYLAG) is a nonprofit legal services organization with several office locations that is largely supported by the United Way of Long Island. Like the Legal Aid Society mentioned above, NYLAG assists those in need throughout all five boroughs of New York. NYLAG specialty practice areas include civil, family, and criminal legal assistance services to income-qualifying clients. It also provides a consumer protection unit, a housing unit, an immigrant unit, and a tax unit.
Other Long Island organizations that provide free legal advice include the Nassau and Suffolk county Bar Associations, the New York State Bar Association, the New York State Courts Access to Justice program, and the Volunteer Lawyers Project of the Association.
Legal Services of New York also serves clients living outside of New York City, but within Suffolk County, at no charge. It also provides a statewide helpline information service. The Legal Aid Society of Suffolk County provides legal services to clients living in the Town of Brookhaven and to all towns and villages located within Suffolk County. Long Island pro bono groups, such as the Volunteer Lawyers for the Arts, may also provide Suffolk County residents with legal services.
Various Areas of the Law Covered
The array of legal issues that can be addressed through these free services is vast. In the field of housing, clients may have cases involving eviction, rent non-payment, or decent and affordable housing. These cases may stem from attempts to recover security deposits or get back rent overpayments. The senior population may seek help in cases involving landlord disputes, subsidy loss or termination, or abuse of elderly tenants. If the housing issue involves government benefit eligibility, such as a Section 8 subsidized housing program, for example, it may also be subject to review by the benefit decision and review unit.
For family law cases, clients may need assistance for divorce, child custody issues, adoption, grandparents’ rights, supervised visitation and guardianship. Related to children, youth and family legal matters, senior advocates can assist with administrative hearings and appeals, and foster care issues and youth aging out of care.
Immigration cases are frequently handled in response to the need for citizenship, adjustment of status based upon employment or family sponsorship, and obtaining green cards. Legal aid providers may help with visa applications through VAWA (Violence Against Women’s Act) or T visas for victims of trafficking.
Foreclosure defense work is a growing area of need, as is identity theft, elder fraud and scams. Many civil legal needs are common across economic lines, and being able to access these services is important for the health of all Long Island residents.
Procedure to Get Free Legal Advice
To determine if you are eligible to receive free legal services, and to submit an application for assistance, you should contact the legal service provider directly. The individual closest to you may not have the specific skills needed to assist you with your problem. Applicants are respectfully requested to follow the application process as closely as possible.
1. Eligibility Requirements
You are eligible for free legal aid if you can answer yes to any of the following questions:
• Are you a minor?
• Are you a victim of domestic violence, in imminent danger of being a victim of domestic violence, or are you in fear of such danger?
• Do you qualify as a low income person? (Note: low income is generally determined by your family / household income and number of individuals in your household).
2. Application Process
To apply, each applicant must:
• Contact a service provider directly:
• For Family cases, call Legal Services at 1-877-574-8529
• For Guardianship cases, go to a local Legal Services Office
• Visit any local courthouse that offers free legal services
• Fill out an application form and provide it to the service provider.
• Show proof of income:
3. Completing the Application Form
• It is important to take the time to completely fill out and sidebar any important information or questions that are not addressed. A complete record of all clients who contact us is maintained so that clients have the opportunity to be assisted in the future.
• Sometimes, the client does not appear to be eligible upon first contact, but after an interview or reevaluation, the client may be found to be eligible. Therefore, it is very important to allow the agency to determine whether the client is eligible for free legal services.
• Provide alternate household income documentation. If you receive income from the following sources, provide as much of the following documentation as possible since they will assist in verifying additional sources of income:
• If you cannot produce housing income verification you must do the following:
• When you visit a local courthouse that provides legal services, be courteous. Just because you’ve been referred to a service provider does not mean that you will be awarded free legal services without first submitting yourself to an eligibility determination. Each case is based on urgency and its merits.
4. Case Contact
Once a case is assigned, the client must be notified, in writing, of an attorney’s or paralegal’s name. The client must be notified of a specific date by which to expect a return call from the attorney or paralegal. Since court cases have deadlines, such as time limits to file an answer, this procedure is meant to avoid potential pre-judgment situations.
Advantages of Free Legal Services
One of the most obvious benefits of free legal services is monetary. If you can acquire a reputable lawyer who will represent you for free (or at a reduced rate) you will obviously make a financial gain. This is especially true if you are not in a position to pay a legal fee and are seeking to be represented in a lawsuit or other legal matter. However, cost is not the only thing you should think about when you are seeking legal representation without the ability to pay.
An important factor to consider is your ability to navigate the legal system effectively with the help of someone experienced in the field . You may qualify for free legal services if you meet a certain income requirement, and some charity groups and/or law schools offer legal representation as well. Having an attorney to represent you, whether they are a public defender or a private attorney doing pro bono work, is often a great advantage. It has been proven that having representation in the courtroom often yields significant wins, even if the representation is free. The legal system is a complicated process, where the ability to work the system is just as valuable as having access to the resources, such as money, talent, and time.
Limitations and Concerns
While access to pro bono and free legal services in Suffolk County, NY is invaluable, one potential limitation to accessing these services is that there is often a waiting list for successful applicants, particularly in family law and immigration matters. Also, not all free legal clinics are accepting new clients and you may find that the clinic you’ve heard about only offers a limited scope of services or clinics and offices in particular areas of the county. And there is the matter of coverage limitations, with some organizations only offering assistance to civilians and not to military members, veterans, or their families.
Positive Results
According to Marissa, a single mother of two who was facing eviction: Even the simple services offered by attorneys have helped secure my day-care spots. I had given up all hope of finding a place for my children in a full-day, year-round pre-K program, and now, they have been enrolled.
Frank, a retired Long Island Railroad employee who never needed legal help previously, praised the help he received in obtaining a pension that had been denied. There were many steps in this process and we hit roadblocks all along the way. So when I found out there were free attorneys who can help seniors, it was a relief. I felt like the attorneys were in my corner all the way through – it was life-changing.
Greg , a Great Neck resident who needed an uncontested divorce: This program exceeded my expectations…everything turned out so well. The attorney made sure I understood everything and followed up with me.
Marcia, a Huntington Station resident who needed a product defect lawsuit filed on her behalf. My free attorney pro bono attorney explained my issue to a judge and got great results. I received a settlement in the form of a coupon for a replacement product.
Vic, a Huntington resident who was introduced to his volunteer attorney at a senior center where an attorney volunteers periodically: I came in looking for some help with my will. We ended up spending three hours together and covered many more things than just that will – it was very rewarding for both of us.