Public Advocate's Corner

Accessing Services: Applying for Earned Income Tax Credit

Tax season is upon us, and in these tough economic times it is important to do all you can to maximize tax savings. One way is to take advantage of the Earned Income Tax Credit (EITC), which helps those who qualify reduce their federal, state and city tax liability. It also may result in a tax refund, which means more money in your pocket.

The Internal Revenue Service (IRS) describes the EITC as "a refundable federal income tax credit for low to moderate income working individuals and families. Congress originally approved the tax credit legislation in 1975 in part to offset the burden of Social Security taxes and to provide an incentive to work. When the EITC exceeds the amount of taxes owed, it results in a tax refund to those who claim and qualify for the credit."

The IRS provides an EITC eligibility checklist, along with downloadable forms, publications, on line tools and related resources.

Betsy Gotbaum has prepared a user-friendly guide, The New York City Public Advocate’s Guide to the Earned Income Tax Credit and Free Tax Preparation Services. The city Department of Consumer Affairs Office of Financial Empowerment also provides information about the tax credit, along with a flyer about how EITC may or may not affect public benefits. On a city website, you'll find a chart of income eligibility for the 2008 tax year.

What requirements must I meet before I can apply for an EITC?

1.       MUST have earned some sort of income in 2008 through employment or self-employment;

2.       MUST file your taxes for income earned in 2008;

3.       MUST have a Social Security Number for yourself, your spouse (if filing jointly), and any qualifying dependents;

4.       MUST have been a U.S. citizen or resident alien for all of 2008, or a nonresident alien married to a U.S. citizen or resident alien filing a joint return;

5.       CANNOT have earned investment income greater than $2,950 for the 2008 tax year;

6.       CANNOT file as “married filing separately;”

7.       CANNOT be a qualifying child;

8.       CANNOT file Form 2555 or Form 2555-EZ.

      More Information: Online, the city provides 2009 Tax Season Tax Credit Fast Facts. Among the Tax Credit Fast Facts:

• Working families that earn less than $42,000 may be eligible for up to $6,500.
• Working individuals who earned less than $16,000 may be eligible for up to $600.
• Eligible filers must have investment income of less than $2,950.
• In most cases, claiming tax credits does not affect eligibility for such benefits as Food Stamps, Supplemental Security Income, Medicaid or subsidized housing. These credits are not considered income when determining eligibility for these programs, but they may be counted as a resource for some programs after a certain time frame.

The EITC is retroactive for three years, and a list of free Volunteer Income Tax Assistance sites, along with related information, is at

For help in finding a site near you, you also may call 311. If you have additional questions about EITC, please call my office at 212-669-7250.

Accessing Services: How to Enroll Your Child in Pre-Kindergarten Classes

If you're the parent of a 4-year-old child (or a 3-year-old who will turn four before December 31), now is the time to apply for admission to a city Pre-Kindergarten (Pre-K) program.

As described by the city Department of Education (DOE), Pre-K programs "provide a nurturing environment where children’s natural curiosity is used as a springboard to learn skills that are necessary for success in school. In Pre-Kindergarten, children learn how to share, take turns and work in groups. They also develop skills that form the foundation for reading, writing and mathematics."

While the application process for parents applying for Pre-K was very problematic last year, the program itself is free to parents and offers half-day, morning or afternoon, for two hours and 30 minutes, or full-day, for six hours and 20 minutes (although full-day slots are very competitive).

On the Department of Education website you can find important information about enrolling your child in Pre-K.

According to the DOE, children who live in NYC and have their fourth birthday between January 1 and December 31, 2009 are eligible to take part in city Pre-K programs. Parents/guardians of applicants must be New York City residents.

How to Apply? Parents and guardians may apply using an online directory and an online application.  If you're a first-time online applicant, however, you need to create a free account. In addition to English, you may apply in Arabic, Bengali, Chinese, Haitian Creole, Korean, Russian, Spanish and Urdu. Parents and guardians can also apply in person at a Community-based Organization (CBO) that runs a Pre-K program (full list here in pdf).

Important Dates for Pre-K Applications

• Friday, March 6:  Application period begins.
• Friday, April 3:  Application period ends.
• Week of May 18: Families are offered assignments.
• May 18-May 29:  Families pre-register at schools.

Other information: Siblings of children who already attend the school where a Pre-K program is located are given first preference for admission to that Pre-K program. A sibling may be a brother or sister, half-brother, half-sister, stepbrother, stepsister, foster brother or foster sister who lives in the same household as the applicant. Other Pre-K admissions priorities are online.  

DOE advises that there is no guarantee that a child will be placed in a Pre-K program. If a child is placed in Pre-K, DOE further cautions that a child will not automatically move from Pre-K to kindergarten: All Pre-K students must apply for admission to a kindergarten. Additionally, placement in a Pre-K program in a given school is no guarantee that the child will be placed in kindergarten in the same school.

If you have trouble with the application process or need more information, please call my office at 212-669-7250.

Accessing Services: How to Set Up a Health Care Proxy

Everyone should take proactive steps to plan for health care needs. One way to make sure that your health care wishes are carried out, whatever your future may hold, is to sign a Health Care Proxy form. A Health Care Proxy is a trusted friend or family member who will make health care decisions for you in the case that you can't do so yourself. For example, in the case of an accident that results in the loss of consciousness, hospitals, doctors and other health care workers are required to honor your proxy's decisions as if they were your own.

Assigning a Health Care Proxy

Information about the Health Care Proxy system is on the city website. The state also provides detailed online information in English and in Spanish as well, including answers to frequently asked questions about Health Care Proxies. Online, you'll find Health Care Proxy instructions and a printable form as well as related information about living wills and "Do Not Resuscitate" orders.

You can choose how much authority to give your proxy, and you may authorize all health decisions or only specific ones. For example, you may instruct your proxy to disallow such things as the use of feeding tubes or other life-sustaining treatment. And in your Health Care Proxy form, you may state your wishes regarding organ and tissue donation. 

Even if you have signed a Health Care Proxy form, you retain the right to make your own health care decisions so long as you are able. Treatment may not be initiated, stopped, or withheld if you object. In such cases, your proxy has no power to override your instructions.

More Information

• A Health Care Proxy form has the force of law, but you need not retain a lawyer to appoint a proxy and fill out the required authorization form.
• Two adults age 18 or over, other than the proxy, must witness your signature on the authorization form.  And your proxy must be age 18 or over.
• According to information on the state website relating to Health Care Proxies, '"Health care' means any treatment, service or procedure to diagnose or treat your physical or mental condition."
• Your doctors will decide when you are unable to make your own health care decisions. Then your proxy takes over.
• Before formally appointing your proxy, discuss your wishes with him or her. After the form is signed and witnessed, give him or her a copy.

Other details are online, including The Health Care Proxy Law:  A Guidebook for Health Care Professionals. The guidebook includes a proxy form and information about the law for patients and members of their families. If you feel you still need help, please call my office at 212-669-7250.

Bronx Residents: Apply for Unemployment Benefits Today

The recession has cost New Yorkers in every borough jobs, and Bronx residents have been among the hardest hit. From November to December, the unemployment rate in the Bronx was higher than in any other borough: While the citywide rate rose from 6.3 percent to 7.3 percent, the Bronx unemployment rate jumped from 8.3 percent to 9.6 percent.

This has left 50,000 Bronx residents out of work, according to the office of the Bronx Borough President. However, as of this January, only 16,000 were receiving unemployment insurance. With additional support from President Obama’s stimulus package, New York is able to extend the unemployment benefits program —but Bronx residents first need to know they exist and apply for them.

The Bronx Borough President released a helpful Unemployment Benefits Fact Sheet for Bronx residents. The Fact Sheet outlines eligibility requirements and application procedures in a clear, concise (and bilingual) format. For example, to qualify for unemployment insurance, you must have:

• Worked in at least two calendar quarters, two three month periods, over the last five calendar quarters
• Earned at least $1,600 over one quarter (approx. $125 a week), the quarter in which you earn the most is your high quarter
• Earned at least 1.5 times your high quarter earnings over the last five quarters

If you, or anyone you know, is eligible but has yet to apply, refer to this fact sheet, or simply contact the New York State unemployment office online or by phone at 1-888-209-8124.

We all need to do our part to help our fellow New Yorkers get through this crisis. Please help spread the word.

Accessing Services: Fighting Bedbugs

New York’s bedbug problem is worsening: Nearly 10,000 bedbug complaints were called in to the city in 2008, reflecting a 33 percent increase over the previous year, according to an article this week in the Daily News. This figure doesn’t even include New Yorkers who hired a private exterminator to deal with their bedbug problem!

About Bedbugs
According to the city Department of Health and Mental Hygiene's (DOHMH) bedbug fact sheet, adult bedbugs are flat, rust-colored and about the size of an apple seed, though after they bite their bodies may swell and become bright red. They live in mattresses and other furniture, but they may travel on clothes or in luggage.  Bedbugs are not known to spread disease, but they leave itchy red welts on the skin. They also can live for months without food and water. They frequently come out at night, and they may travel from apartment to apartment through small cracks and crevices in floors and walls. The city Department of Education has a "bedbug protocol" in case a suspected bedbug is sighted on a child or otherwise seen in school.

What should I do if I discover bedbugs in my home? 

If you live in public housing, contact the Centralized Call Center at (718) 707-7771. The New York City Housing Authority (NYCHA) provides useful online bedbug information, including what you should expect when an exterminator arrives.

 

DOHMH recommends that home owners hire licensed exterminators for the job. Be aware that the pest control company should make follow-up visits to ensure the pests are gone. The city also offers tips for choosing and working with a pest control company.  

More information:
Ridding your home of bedbugs is no job for amateurs. DOHMH warns that you should  “be very cautious about using pesticides yourself.”  If you decide to go the do-it-yourself route, DOHMH suggests the following precautions:

• Only use pesticides clearly labeled for bedbug extermination. Never use a cockroach spray, ant spray or any other pesticide that does not list bedbugs on the label.
• Follow label instructions exactly.
• Never spray pesticides on top of mattresses or sofas or in areas where children or pets are present.
• Never purchase or use a product without a manufacturer’s label, and never buy pesticides from street vendors.
• Avoid using 'insecticide bombs' and 'foggers' in your home. These products can spread hazardous chemicals throughout your home and are not likely to be effective against bedbugs.

If you still need help, please call the Office of the Public Advocate at 212-669-7250.

Accessing Services: Applying for Unemployment Insurance Benefits

The economic downturn has forced many New Yorkers to look for new jobs and the unemployment rate is now at 7.4 percent. That reflects the highest level in nearly five years, and some forecast unemployment getting worse before it gets better. Fortunately, New York State provides an unemployment insurance program, a program intended to buttress city-administered services like Food Stamps, Cash Assistance and one-time emergency grants for extra help.

What You Should Know

Unemployment benefits are administered by the State Department of Labor (DOL). 
New York City provides information about the program here. According to DOL, "the unemployment insurance program provides benefits to individuals who have sufficient employment to establish a claim, have lost employment through no fault of their own, are ready, willing and able to work and are actively seeking work."

How to File a Claim

You can file a claim for unemployment insurance benefits if you have worked in New York State within the last 18 months, as long as you meet the qualifying conditions. Visit the DOL’s Before You Apply For Unemployment: Frequently Asked Questions website to determine whether you qualify because not all employment qualifies for benefits. For example, if you quit your job or were fired for such things as excessive absenteeism or insubordination, you may not qualify for unemployment insurance. There is detailed information online about filing unemployment insurance claims electronically.

• By Phone: To apply for benefits, contact DOL's Telephone Claims Center toll-free at 1-888-209–8124. This service is available Monday through Friday, 8 a.m. to 5 p.m. 

• Online: You may apply for benefits online by going here. Note that the hours of operation for applying for UI benefits using the Benefits Online Page are 7:30am to 7:30pm Monday through Thursday, 7:30am to 5:00pm Friday, all day Saturday, and Sunday until 7:00pm. Access NYC provides basic information about applying for unemployment benefits here. You also may click here for a link to the DOL’s How to Apply website.

When Should I File A Claim?

According to DOL, your claim should be filed in the first week that you have become unemployed. “Your first week is an unpaid waiting week is commonly referred to as the “waiting period”. A delay may cost you benefits."  DOL also provides an on line list of what information you should have available when you apply, including, for example, "the names and addresses of all employers for whom you've worked within the last 18 months, including those employers in another state."

Other Information

• DOL expects that an additional 13 weeks of federally-funded emergency benefits or Emergency Unemployment Compensation will be available February 22, 2009.

• Don't be tricked into paying for help in filing for unemployment insurance. Some organizations claim to be affiliated with DOL that they can help speed claims, but this is not the case. DOL clearly states that "[t]he State Labor Department does not want our customers to be fooled by these claims … using a paid service to file your claim will not ensure faster handling."

• Many of your questions may be answered on line on DOL's Before You Apply for Unemployment: Frequently Asked Questions page.

If you're having trouble with your unemployment insurance claim, please call my office at 212-669-7250.

Accessing Services: How to Avoid Credit Card Scams

In today’s world, credit cards are a great convenience, but they can cause some major financial problems if they fall into the hands of criminals.  

Government agencies, merchants and consumer groups continually try to find ways to thwart credit card theft. The NYC Department of Consumer Affairs (DCA) Office of Financial Empowerment offers basic information about credit card fraud and what to do if you're a victim. To access this information, click here. DCA also provides common-sense tips for victims of identity theft.

According to DCA, "Federal and state law requires that electronically issued credit card receipts redact the credit card expiration date and all but the last five numbers of the credit card." Federal law also limits your liability to $50 in case of theft, though many banks waive even the $50, as well as any fraudulent charges made with your card. (You may be asked to sign an affidavit saying that the charges are not yours).

How Fraud Happens:
In what is known as "skimming", someone can make a duplicate imprint of your card and sell the number to third parties to make internet or telephone purchases. Some imprint your information on a blank card, and some try random groups of numbers until they find one that matches an account in good standing.

Protect Yourself:

•  Do not give your account number over the phone unless you initiate the call and know that the company is reputable. Never provide credit card info when, for example, someone calls you and says there has been a "computer problem" that requires you to verify credit card information. Legitimate companies don't do this. Similarly, don't be fooled by callers who claim to be "fraud investigators" who need the security code on the back of your card. If in doubt, call the toll-free number on the back of your card and ask if there is a problem with your account. 

• Never respond to e-mails that request credit card verification. And never respond to e-mails that direct you to a website to verify credit card information, even if the site looks legitimate (again, a legitimate site will not do this). This known as "phishing."

• Protect the number on your card.  A cross-cut paper shredder is a good investment, and shredding any documents with your credit card number before recycling is a good habit.

• Don't write your personal identification number (PIN) on your card or even on a paper in your wallet, since your wallet could get stolen. Instead, keep a list of all account numbers and expiration dates in a secure place, along with the telephone numbers of issuing banks. Some consumer advocates recommend that you carry credit cards separately -- and that you never carry more credit cards than you need.

• Regularly check your credit card transaction record online rather than waiting until you receive your monthly statement. This will quickly apprise you of any unauthorized charges. And report suspicious activity to your credit card company immediately. Most have toll-free numbers.

More Resources:

Apart from information you may find on DCA's Office of Financial Empowerment website, a great deal of substantive material relating to credit card fraud is available online. For example, the FBI provides a list of tips regarding credit card fraud and how to prevent it. The Federal Trade Commission also provides many tips on how to avoid fraud. Consumer-oriented groups such as ScamBusters.org, unaffiliated with government agencies, provide useful information on how to thwart credit card fraudsters.

Finally, you may want to check out the not-for-profit National Consumers League Fraud Center.  And, of course, you may call my office at 212-669-7250.

Accessing Services: How to Lower Your Electric Bill and Save Energy

Many New Yorkers, in our current economic situation, are looking for ways to save money and cut costs. By picking up a few simple habits and switching some of your appliances, you can save money on your electric bill - and help the environment - this winter.

Did you know…? New Yorkers require nearly 10 percent more energy in their homes than the national average. In 2006, New Yorkers spent 41percent more on energy than they did in 1992. If your refrigerator is over ten years old, it may contribute to half of your electric bill. And every degree you raise your thermostat above 68 increases your bill by 3 percent.

Resources to Lower Your Bill
New York State provides an Energy Smart Communities Coordinator in every borough to help bring energy initiatives to you and your neighborhood. New York State Smart Energy Loan Program provides an application and list of offices for a reduced loan regarding the purchase of energy efficient products in the home.

Low income individuals might be available for state provided reduction measures, such as lighting and refrigerator replacements. If you’re having a dispute with your utilities provider, the New York State Public Service Commission offers a Dispute Resolution program.

Simple Habits to Save Energy in Your Home
Follow the steps below and you can do your part to save energy and reduce your bill at the same time:

-          Use caulk or weather stripping to seal air that is escaping your home. It will cost less to heat or cool your space.

-          Set your thermostat to 60 degrees when you are not home (health permitting).

-          Keep your vents clean. Dust and other materials blocking these airways will make you turn up the heat higher.

-          Insulate your hot-water pipes that pass through unheated spaces. For steam pipes, use non-foam insulation, as foam can melt.

-          You can also encourage your landlord or management company to install energy efficient appliances.

-          Place a reflector between the wall and your radiator to prevent heat from escaping into exterior walls.

-          Use ceiling fans to circulate warm air.

-          When buying energy products like water heaters or air-conditioners, look for the energy star label on the side of the machine. You will find these products will use a lot less energy.

-          Florescent light bulbs use ¼ as much energy as your standard bulb but last ten times longer. You can find them at these retailers.

-          Turn off the lights during the day or when you leave a room.

-          Turn your TV or your computer off when you are not using it.

Accessing City Services: How to Get Help for a Victim of Domestic Violence

Domestic violence is a continuing problem for many individuals and families in our city. In New York City, police responded to 229,354 domestic violence incidents in 2007 – around over 600 incidents per day – and the NYPD’s Domestic Violence Unit conducted 76,602 home visits.

Since being elected Public Advocate, Betsy Gotbaum has worked hard to protect the rights of domestic violence victims. She has worked to eliminate obstacles and delays in securing orders of protection and housing assistance for domestic violence victims; called on the State Legislature to share domestic violence data with the Administration for Children’s Services; and exposed the city’s failure to address domestic violence among teens.

Get Help Now
If you need to remove yourself or your children from a situation involving domestic violence, call the New York City Domestic Violence Hotline (1-800-621-4673). You can also try the National Domestic Violence Hotline at 1-800-799-SAFE (1-800-799-7233).  If you are in immediate danger, the NYPD will respond to calls for help to make arrests, as well as provide referrals and follow-up visits to victims of violence in a family or household. Note under the expanded NYPD definition, a family or household now includes not only people who are legally married or related by blood, but also persons who currently or previously lived in a family-type relationship (including same sex couples).

Once you have removed yourself from the environment, you can find an emergency shelter by calling the Domestic Violence Hotline. To ensure your safety and comfort, the hotline keeps shelter locations confidential for you -- there are phone options for those who speak Spanish or are hearing impaired. Safe Horizon also provides emergency assistance and relief when you call 1-800-621-HOPE (1-800-621-4673).

If you need medical assistance, be sure to ask the 311 operator to direct you to a hospital with a Domestic Violence Coordinator in your borough.

Next Steps

The New York City Family Justice Center offers a wide variety of services, including counseling, meetings with prosecutors, and instructions on applying for financial and job assistance and housing assistance (note that the Housing Stability Plus information on this website has changed). These services are provided in many languages, and there is a room designated for children to play nearby.

With the help of legal representation, you may also have the option of bringing your case to a court specifically for domestic violence cases, with the same judge hearing your case at all stages of the process. You can find out more about legal options here.

Other organizations that can help you with steps along the way include the following:

·        New York State Coalition Against Domestic Violence

·        Center Against Domestic Violence (Brooklyn)

·        Violence Intervention Program

·        Connect Family Violence Program

Remember that in times of need, a phone call or website visit may be all that you need to start getting help. If you or someone you know might need any of these services, don’t hesitate to call New York City Domestic Violence Hotline (1-800-621-4673) or my office (212-669-7200).

The following websites were cited above and include important information regarding domestic violence:

www.ndvh.org

http://www.nyc.gov/html/ocdv/html/services/police.shtml

http://www.nyc.gov/html/dhs/html/atrisk/dv.shtml

http://www.safehorizon.org/

http://www.nyc.gov/html/ocdv/html/services/healthcare.shtml

http://www.nyc.gov/html/ocdv/html/fjc/fjc.shtml

http://www.nyc.gov/html/ocdv/html/services/assistance.shtml

http://www.nyc.gov/html/ocdv/html/services/housing_permanent.shtml

http://www.nyc.gov/html/ocdv/html/services/courts.shtml

http://www.nyscadv.org/

http://www.centeragainstdv.org/

http://www.connectnyc.org/

Accessing City Services: How to Get Help Quitting Smoking

If your list of New Years resolutions includes finally kicking that habit, you’re not alone. Thousands of New Yorkers attempt to quit smoking every year… and succeed... with the help of city resources.

The risks associated with smoking have been well documented. Smoking releases over four thousand chemicals into your body, damaging your heart and lungs. The habit over time can weaken your immune system, dull your senses and greatly increase your risk of cancer.

But don’t worry, help is out there. For free coaching and support, call the New York State Smokers' Quitline at 1-866-NY-QUITS (1-866-697-8487). If you prefer to use the internet, try this online guide to quitting. For those who need help in person, New York State provides smoking cessation clinics run by the city Health and Hospitals Corporation.These publications and websites list helpful ways to quit, such as replacing smoking with another activity (like drinking water or chewing gum). If you think that slowly decreasing your nicotine intake will help, you may be eligible for free smoking cessation patches, gum or lozenges from New York State.

Don’t forget why you’ve quit:

• Your Health: By quitting smoking, you reduce your risk of heart attack or stroke, emphysema or bronchitis, heart disease and cancers of the larynx, esophagus, lung, bladder, kidney and cervix.
• Your Friends and Family: As you know, second-hand smoke creates an unhealthy environment for those around you.
• Your Wallet: There is no better time to save the cash you would be spending on cigarettes and put it to better use. According to the "Tobacco Trivia" feature on the New York State Smokers’ Quit Site New York City, it costs tobacco companies about 5 cents to produce a pack of cigarettes. That same pack may cost as much as $10.25 in New York City.  

For More Information:

• Smoking Fact Sheet for Downloading
• The New York State Smokers’ Quite Site  
• Action on Smoking and Health, a national anti-smoking and nonsmokers' rights organization.
• The National Alliance for Tobacco Cessation reports that, each year, 70 percent of smokers say they want to quit and 5 percent quit long term. It also says that it takes 8 to 11 attempts to quit smoking for good.

The websites cited have multiple links to other stop-smoking sites. If you need further assistance, call 311 or call my office at 212-669-7250. Good luck!