Asian American Bar Association of New York
Pro Bono and Community Service Committee
Updated as of April 4, 2020
Please read:The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Due to the rapidly evolving nature of the COVID-19 crisis, readers are advised to check official government sources for the most up-to-date information on changes in policy and procedure since the information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser, and the contents of any third-party sites are not an endorsement by the AABANY or its members.
TESTING, EVALUATION, AND TREATMENT OF COVID-19
Regardless of one’s immigration status, a person is eligible for free COVID-19 testing, evaluation, and treatment.
If you are sick, stay home if possible. Contact your health care provider by telephone. If you do not have a health care provider and you are in New York City, call 311 or contact NYC Health + Hospitals directly at 844-692-4692.
You can also call the New York State COVID-19 hotline at 888-364-3065 to schedule testing.
Here is a simple fact-sheet that explains how you can get emergency Medicaid.
ANTI-ASIAN HARASSMENT AND VIOLENCE
Incidents of bias, discrimination, or hate crimes committed against Asian Americans Pacific Islanders (AAPI) have been on the rise during this COVOD-19 pandemic.
Under New York’s Hate Crime Law (Penal Law Article 485), a person commits a hate crime when “one of a specified set of offenses is committed targeting a victim because of a perception or belief about their race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation”, or when such “an act is committed as a result of that type of perception or belief.” They can target an individual, a group of individuals or public or private property. These crimes are narrowly defined and must be proved “beyond a reasonable doubt.”
Whereas “hate violence,” “bias-related incidents” can range from verbal harassment, phone or e-mail harassment, property damage, threats of assault, actual assault, and killings.
If immediate help is needed, call 911 to report an incident of hate/bias crime.
Incidents of bias, discrimination, or hate crimes can be reported to:
State-wide
Asian Pacific Policy and Planning Council (A3PCON) On-line Reporting Center
Governor’s Hate Crime Reporting Hotline (at New York State Division of Human Rights): 1-888-392-3644
New York State Attorney General Hotline: 1-800-771-7755
New York City
Call 311
NYPD Hate Crimes Task Force: 646-610-5267
hctf@nypd.org
Bronx County District Attorney’s Office
Crime Victims Assistance Unit: 718-590-2114
Immigrant Affairs Unit Hotline: 844-590-7226
Brooklyn (Kings Country) District Attorney’s Office
Victim Services Unit: 718-250-3820
Hate Crimes: 718-250-4949
Immigrant Fraud Unit Hotline: 718-250-3333
New York County (Manhattan) District Attorney’s Office
Hate Crimes 212-335-3100 (main number) 212-335-9500 (TTY)
Immigrant Affairs Unit Hotline: 212-335-3600
http://manhattanda.org/resources-victims-or-witnesses-hate-crimes
Queens County District Attorney’s Office
Immigrant Affairs Hotline: 718-286-6690
Richmond County’s (Staten Island) District Attorney’s Office: 718-876-6300
New York City Public Advocate: 212-669-7250
New York City Human Rights Commission: 718-722-3131
http://www1.nyc.gov/site/cchr/help/general-public.page
Outside of New York City
Nassau County District Attorney’s Office
Office of Immigrant Affairs: 516-571-7756
IMMIGRATION
USCIS Field Offices Closure
- From March 18 to April 1, 2020, the U.S. Citizenship and Immigration Services offices are closed to the public. They will reopen on May 4, 2020, unless public closures are further extended.
- USCIS will only provide emergency services for limited situations by appointment. To schedule an emergency appointment, please contact USCIS Contact Center
- If you have a scheduled fingerprint appointment, interview, or naturalization ceremony, USCIS will reschedule your appointments when USCIS resumes normal operations. A new notice with the new time, date and location of the interview will be sent to all applicants and petitioners being impacted.
- Individual with scheduled Infopass or other appointments must reschedule your appointments through USCIS Contact Center. Please check to see if your field office has been reopened before reaching out to the USCIS Contact Center.
- For the most up-to-date information, please go to https://www.uscis.gov/about-us/uscis-response-coronavirus-disease-2019-covid-19.
Suspension of Routine Visa Services at all U.S. Embassies and Consulates
- This will impact all immigrant and non-immigrant visa applicants in almost all countries around the world. Make sure you check the most up-to-date status of U.S. consulate offices before departing United States if you need to renew your visa.
- Services to U.S. citizens continue to be available.
International Students (F/M/J) in the United States
- Many schools closed their campus as a response to the COVID-19 situation. This preventive measure, however, impacts international students’ immigration status in the United States. If your school:
- Temporarily closes and does not offer online courses or other alternate learning procedures, the students should remain in active status in SEVIS so long as the students intend to resume their course of study when classes resume.
- Temporarily stops in-person classes but implements online or other alternate learning procedures and the international students remains in the United States, international students are temporarily allowed to participate in on-line programs and considered to be remaining in a full course of study. Students shall remain in active status. This temporary provision is only in effect for the duration of the emergency.
- Temporarily stops in-person classes but implement online or other alternate learning procedures and the nonimmigrant student departs the United States, international students shall still be considered as remaining in active status under this circumstance. However, before you depart the United States, the student should check their current visa is still valid/will expire very soon. Given the situation that the United States temporarily suspended all routine visa services in almost all countries, you might not be able to obtain a visa appointment if you depart the United States and your visa is about to expire. If you plan to stay outside the United States for longer than 5 months, check DHS website to see if you need to obtain a new visa.
- The DSO/ISSO office in your school should be responsible to inform any necessary changes in SEVP system on behalf of all international students. Advise all international students to double check with your DSO officer to make sure your immigration status is good.
International Students and OPT
- For college students in graduate year and planned to apply for OPT work authorization after graduation, it may be advisable to stay and not leave the United States. A Form I-765 should be filed when you are in the United States. International travel with a pending Form I-765 might cause additional requests for evidence. For more information about applying for OPT work authorization, please visit uscis.gov/opt
- If you have a pending cap year H1B application with change of status, it is not advisable to engage in any international travel
Non-immigrant workers in the United States
- As a general rule, H visa holders are not allowed to change their working locations without pre-approval by USCIS and are not allowed to be engaged in remote work. However, under the COVID19 situation, H employees are allowed to work remotely, if, the employee’s home is within a normal commuting distance from the place of employment as defined in the associated Labor Condition Application (LCA).
- The local commuting area is generally within the same MPA area, and/or within 50 miles of the place of employment as defined in the associated LCA.
- However, during this period, without pre-approval from Department of Labor and USCIS, employers are not allowed to mandatorily reduce an H employee’s working hours and salaries.
- For more information about nonimmigrant visa-workers in the United States, please visit https://www.seyfarth.com/news-insights/essential-covid-19-immigration-planning-for-us-employers.html#paragraph1, and https://www.fisherphillips.com/faqs
Information about ICE
- During a White House brief, the COVID-19 Task Force officially announced that ICE will not target any hospitals, health clinics, and coronavirus test centers.
- Immigration and Customs Enforcement announced that it would stop making arrests, except for those that are considered “mission critical,” until after the coronavirus crisis had passed.
- For more information, please visit: https://www.ice.gov/covid19
COURT CLOSINGS
New York State Courts
- Most courthouses remain open at this time, but all non-essential functions of the courts have been postponed until further notice.
- Particularly, residential evictions, court-ordered auctions, and residential foreclosure proceedings have been suspended.
- Essential functions include, but are not limited to:
- Supreme Court, Civil Term: Mental Hygiene Law applications, civil commitments, guardianships
- Housing matters: Landlord lockouts, serious housing code violations, and repair orders
- Criminal Court: Criminal arraignments, requests for orders of protection, driver’s license suspension lifts and emergency applications. All arraignments will be conducted virtually
- Family Court: Child protection proceedings, juvenile delinquency proceedings, family offenses, and support orders. Cases will be heard virtually
- All courts: Judges may determine that other individual matters are “essential.”
- For more information, visit nycourts.gov or call the Coronavirus Telephone Hotline at (833) 503-0447. See also https://www.nycourts.gov/whatsnew/pdf/Updated-Protocol-AttachmentA3.pdf)
Federal Courts
- Southern District of New York:
- Essential functions will continue. Counsel may apply to appear by telephone at arraignments or bail hearings, which applications may be granted at the discretion of the presiding judge. Bail interviews will be performed telephonically. Probation officers will also continue to conduct field work. In-court appearances in civil matters are limited strictly to emergency matters and should be conducted by teleconference.
- For more information, visit www.nysd.uscourts.gov/covid-19-coronavirus or call: (212) 805-0005. See also https://nysd.uscourts.gov/sites/default/files/2020-03/COVID%20Memorandum%20-%20FINAL.pdf
- Eastern District of New York:
- Judges, in their discretion, may continue to hold hearings, conferences, and bench trials. Initial appearances and arraignments will continue to take place in the ordinary course, or where practicable or necessary, be conducted remotely. Detention and bail review proceedings will be scheduled with the approval of the assigned District Judge or Duty Magistrate Judge.
- For more information, visit https://www.nyed.uscourts.gov/.
HOUSING
Eviction Moratorium
Effective March 20, 2020, there shall be no evictions of any tenant, residential or commercial, or foreclosure of any property, for a period of 90 days, or until June 20, 2020, by Executive Order No. 202.8 of the Governor.All eviction proceedings and pending eviction orders have been suspended until further notice by the Chief Administrative Judge of New York.
This means that during this health crisis, there will be no evictions. If you had a pending eviction case those proceedings have been temporarily adjourned. The moratorium applies to both residential tenants (in all types of housing) and commercial tenants.
In NYC, emergency courtrooms in every borough’s Housing Court will be open to deal with emergency cases involving illegal lockouts, serious housing code violations, post-eviction cases, vacate orders and repair orders.
What if a sheriff’s or marshal’s lockout notice or warrant has already been issued? The moratorium applies to all pre-existing orders. They have been suspended and you cannot be evicted.In NYC, all city marshals have been notified that they cannot execute any pre-existing warrants. If they attempt to violate this, please report this activity by calling the City’s Department of Investigation (DOI) Bureau of City Marshals at (212) 825-5953.
I have an upcoming court date for my eviction case, what should I do? Any court dates for eviction cases will be postponed, and the court will mail you a notice with your new court date. Currently, cases are being adjourned for a minimum of 45 days.
I am a tenant and I have an upcoming court date for emergency repairs, what should I do? Your court date stands, and you will have a hearing.
What if I can’t pay my rent? You are still legally obligated to pay rent. The moratorium just means that your landlord can’t sue you for nonpayment right now, but once the moratorium is lifted, they will be allowed to.
If you entered into an agreement in court prior to the moratorium that required you to pay rent by a certain date and you can no longer make that payment, your landlord cannot call the marshal/sheriff/law enforcement agency to evict you as long as the moratorium is in effect. Once the moratorium is lifted, they will be able to move forward with eviction.
Landlords can still send you letters and rent demands for any rent they claim you owe during this time.
For those struggling to make ends meet, NYC Human Resources Administration can offer some help through the “One Shot Deal.” This emergency assistance program can provide qualifying New Yorkers with a one-time payment they can put toward rent.
What if my landlord locks me out illegally? Self-help evictions are illegal. You can call the police and explain that the landlord is engaging in an illegal eviction; this is a criminal misdemeanor. You may also file an illegal lockout case in housing court to seek emergency relief from a judge to be let back into your unit. Illegal lockout and emergency repair cases are considered “essential applications” which can still be filed in housing court.
Can my landlord try to vacate my unit? All tenants are entitled to due process; only a judge who issues a court order can evict you. If you recently received a notice of eviction, that by itself is not enough for your landlord to evict you; a landlord must get an order from the court to legally evict a tenant, even if their lease has expired or they are behind on rent. If your landlord shows up at your door and claims you’ve been evicted or tries to change the locks, shut off utilities, or physically remove your belongings, you can call the police and explain that your landlord is engaging in an illegal eviction.
Vacate orders are issued when an apartment is dangerous or illegal, and only city agencies can issue them. Landlords are not legally empowered to directly issue vacate orders.
How do I get needed repairs from my landlord if courts are closed? In NYC, you can still go to housing court for emergency repairs. All other options to get repairs are still available, for instance by calling 311, applying to DHCR for a rent reduction, etc. However, please keep in mind that with closures increasing throughout the City and State, enforcement agencies may be working with limited staff, and it may take longer to get repairs or inspections.
Emergency repairs for NYC tenants include heat and hot water cases, vacates, access for heat and hot water, and other major emergencies, lead cases with the Department of Health and Mental Hygiene and/or violations for lead remediation.
What happens when the moratorium ends? Cases will restart, evictions will be scheduled and new cases may be filed.
For the most current status of New York Housing Court, go to http://www.nycourts.gov/courts/nyc/housing/index.shtml
To check if your case has been assigned a future date, check eCourts regularly at https://iapps.courts.state.ny.us/webcivilLocal/LCMain
For more information and resources about landlord and tenant matters, go to http://housingcourtanswers.org/contact-us/ or call 212-962-4795 Mon-Fri, 9-5 pm
Rent Arrears and Public Assistance: If your work schedule was reduced as a result of the coronavirus and you are unable to pay your rent, you can apply for a Cash Assistance special grant to receive benefits for emergencies. Call (718) 557-1399 to schedule a telephone intake interview, or go to https://access.nyc.gov/ to get more information on what type of assistance you may be eligible, regardless of immigration status
NYCHA Residents Any NYCHA resident experiencing a loss of income can request an Interim Re-certification for any decrease in income that will last more than 2 months. To apply, go to https://selfserve.nycha.info/ Residents with questions or concerns should contact NYCHA’s Customer Contact Center at (718) 707-7771. For more information, please visit https://www1.nyc.gov/site/nycha/index.page
UNEMPLOYMENT INSURANCE
In New York State, if you have been laid off or had good cause to quit your job, meet other eligibility criteria, you can apply for unemployment insurance (https://labor.ny.gov/ui/how_to_file_claim.shtm). Here are the instructions to apply. (https://www.labor.ny.gov/ui/pdfs/Unemployment-Filing-Instructions.pdf)
The following information was culled from the New York State Department of Labor and the guidance was posted on March 31, 2020 and subject to change.
On March 27, 2020, federal legislation was signed to provide additional Unemployment Insurance (“UI”) assistance to workers impacted by COVID-19.
This new law provides:
• Pandemic Unemployment Assistance – Extended eligibility for individuals who have traditionally been ineligible for UI benefits (e.g., self-employed workers, independent contractors);
• Pandemic Unemployment Compensation – An additional $600 per week, on top of regular benefits, to all UI recipients; and,
• Pandemic Emergency Unemployment Compensation – An additional 13 weeks of UI benefits, beyond the regular 26 weeks already provided, for a total of 39 weeks of coverage.
Here you can find Frequently Asked Questions about Unemployment Insurance During the Coronavirus Emergency (https://labor.ny.gov/ui/pdfs/ui-covid-faq.pdf).
Notably, the new law provides unemployment insurance to self-employed individuals. Here you can find guidance on how self-employed individuals can file for Unemployment Insurance (https://labor.ny.gov/ui/pdfs/self-employed-ui-guide.pdf).
PAID LEAVE
Federal government passed the Families First Coronavirus Response Act (FFCRA or Act) which requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. The Department of Labor’s (Department) Wage and Hour Division (WHD) administers and enforces this new law, which will be in effect through December 31, 2020.
https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave
New York State has also passed a law that requires some employers to provide at least five days of job protected, paid sick leave to employees who need to take leave because they or their minor dependent child are under a mandatory or precautionary order of quarantine or isolation due to COVID-19. The amount of paid sick leave an employer is required to provide depends on the number of employees they have and the employer’s net annual income.
https://paidfamilyleave.ny.gov/COVID19
In addition, on April 2, 2020, New York State have passed comprehensive packages of sick pay and family leave laws, but it will not take effect until January 1, 2021. Here is a fact sheet on New York State’s Paid Sick Leave Law. https://www.abetterbalance.org/resources/fact-sheet-new-york-states-paid-sick-leave-law/
New York City also has its own Earned Safe and Sick Time Act. If you work for a business with 5 or more employees, you may earn up to 40 hours of paid sick time. You will earn 1 hour for every 30 hours worked. Here are some answers to Frequently Asked Questions on New York City’s Paid Sick Time Law.
If you have workplace questions or problems, you may contact:
Labor Bureau of New York State Attorney General: 212-416-8000.
A Better Balance (ABB): 1-833-NEED-ABB (1-833-633-3222)
Gender Equality Law Center: 1-888-833-4363
SMALL BUSINESS FINANCIAL ASSISTANCE
On March 27, 2020, the CARES Act was passed and provides $376 billion in relief for workers and small businesses. In addition to traditional federal funding programs, the CARES Act established the several new temporary programs to assist small businesses through the U.S. Small Business Administration (SBA):
EIDL (Economic Injury Disaster Loan)
Small business owners with less than 500 employees (including sole proprietorships, independent contractors, and self-employed persons) are eligible to apply for up to $10,000 to provide economic relief to businesses that are currently experiencing a temporary loss of revenue. This loan advance will not have to be repaid.
To apply directly for a COVID-19 Economic Injury Disaster Loan and loan advance, click here.
For more information, go to https://www.sba.gov/funding-programs/loans/coronavirus-relief-options/economic-injury-disaster-loan-emergency-advance
Paycheck Protection Program (PPL)
This loan provides up to $10 million as a direct incentive for small businesses to keep their workers on the payroll. The loan will be forgiven, meaning you do not have to pay it back, if employees are kept on the payroll for eight weeks and the money is used to for payroll, rent, interest on mortgages, or utilities, although there may be a requirement that at least 75% of the forgiven amount must have been used for payroll. To apply, contact your existing bank and ask if they are a SBA lending institution. If so, they can walk you thorugh the application. If your existing bank does not participate, contact a traditional SBA bank or a local SBA resource partner (go to https://www.sba.gov/local-assistance/find/?q=new%20york&pageNumber=1).
For more detailed information, including a list of documents you need to gather to provide to the bank in support of your application, go to https://www.sba.gov/funding-programs/loans/coronavirus-relief-options/paycheck-protection-program-ppp
SBA Express Bridge Loans
This loan enables small businesses who currently have a business relationship with an SBA express lender to access up to $25,000 quickly. To see if your business is eligible, go to https://www.sba.gov/document/support–express-bridge-loan-pilot-program-guide
For additional federal programs, go to www.sba.gov
NYC Small Business Continuity Loan
Small businesses located in NYC with fewer than 100 employees and whose revenue has decreased by at least 25% due to the coronavirus crisis are eligible to apply for an interest-free loan of up to $75,000. For more instructions on how to apply, go to https://www1.nyc.gov/site/sbs/businesses/covid19-business-outreach.page
MENTAL HEALTH RESOURCES
If you are struggling with anxiety or stress, counseling is available at
New York State’s COVID-19 Emotional Support Helpline at 1-844-863-9314
All calls are anonymous and free
If you are having trouble coping, speak with a counselor 24/7 by phone, text, or chat confidential and free counseling in over 200 different languages in New York City. Call 1-888-692-9355 (NYC-WELL), or text “WELL” to 65173, or go to https://nycwell.cityofnewyork.us/en
If you experience significant changes in your energy level, eating patterns, or sleeping patterns, difficulty concentrating on normal tasks, prolonged and overwhelming worry and hopelessness, or thoughts of self-injury or suicide, get help immediately at 1- 800-273-TALK (8255) or text Got5 to 741741, or call 911. Help is available.
Tips for parents, including parents of children with pre-existing anxiety disorders, caregivers of older adults, first responders and mental health providers are available at:
NYS Office of Mental Health
https://omh.ny.gov/omhweb/guidance/covid-19-managing-stress-anxiety.pdf
Center for Disease Control (CDC)
https://www.cdc.gov/coronavirus/2019-ncov/prepare/managing-stress- anxiety.html
Office of Mental Health New York State Guidance Documents
https://omh.ny.gov/omhweb/guidance/
National Alliance on Mental Illness
Mental Hygiene Law – Admissions Process
https://omh.ny.gov/omhweb/forensic/manual/html/mhl_admissions.htm
Substance Abuse and Mental Health Services Administration
https://www.samhsa.gov/find-help/national-helpline
FAMILY AND DOMESTIC VIOLENCE RESOURCES
New York State will help relocate survivors of domestic violence who are currently in danger due to coronavirus. The state hotline is 1-800-942-6906.
For additional resources, please visit
New York State Domestic Violence Hotlines
https://opdv.ny.gov/help/dvhotlines.html
NYC Domestic Violence Support
https://www1.nyc.gov/site/hra/help/domestic-violence-support.page
NYC Family Justice Center
https://www1.nyc.gov/site/ocdv/get-help/covid-19-update.page
Safe Horizon
FREE MEALS
Beginning April 3, 2020, free “Grab and Go” meals are available for all New Yorkers, adults and children alike, at local schools.
- Meals Hubs will operate for children and families from 7:30 am to 11:30 a.m., and for adults from 11:30 a.m. to 1:30 p.m., Mondays through Fridays.
- No registration, ID, or documentation required.
- All three meals a day may be picked up at the same time.
- Parents and guardians may pick up meals for their children.
- To locate a meal location near you, go to: https://www.opt-osfns.org/schoolfoodny/meals/default.aspx
Effective March 16, 2020, all senior centers in NYC have closed and shifted to meal deliveries or grab-and-go meals. Older adults who need food delivery or supplies can call the Department of Aging at 212-244-6469 to arrange delivery.
NEW YORK CITY AGENCIES
All New York City agencies have experienced either suspension or reduction in services and office hours. For a complete and updated list of City agency service updates, go to: https://www1.nyc.gov/nyc-resources/city-agency-service-updates.page