Legal issues during COVID-19

Courts are only hearing certain types of cases at this time. Some cases are being heard in-person, some are being heard virtually, and some cases may be rescheduled.

If you have questions about a case already in court, call the courthouse where the case is located. You can find the phone number for any court using the Court Locator on NYCourts.gov.

If you aren’t able to get through to the courthouse or you need additional information, you can call the Coronavirus Court Hotline at 1-833-503-0447

If you have an emergency, you can still start a new case in court, for example, you can file for an order of protection, you can file for a violation of a custody order if the other parent is not returning your child, or anything else you need a judge to look at right away. If you don't know if your case is considered an emergency, you should contact the court or an attorney.

You may be able to find updates about courts in New York State at NYcourts.gov

These links provide more information about what kinds of cases the New York City courts are still open to hear:

• Criminal court
• Family court
• Housing court
• Immigration court
• Supreme court
• Civil court

Your virtual court appearance may be held online or by phone. Your court meeting notice will list how you will be expected to appear.

Learn more about appearing in court virtually and how to prepare for your meeting on this NY State Court page. 

The Electronic Document Delivery System securely delivers documents to court. During the Covid-19 pandemic you may also be able to e-file documents.

Learn how to submit court papers virtually on the NY State Court page for electronic document delivery. 

New York Eviction Moratorium

There is an eviction moratorium in place until January 15th, 2022 in New York state. 

You can submit a hardship declaration to your landlord, to the court or to a Sheriff, to immediately stop an eviction, to stop an eviction case or prevent an eviction case from being filed against you.

If you already submitted a declaration, you do not need to resubmit a new declaration.

Your landlord has a right to challenge your hardship declaration in court.

Read more about your rights and options if you are facing eviction on TenantHelpNY.

You can call these hotlines for more about tenants rights or to get a referral for legal assistance:

Statewide hotline: 833-503-0447, open 24/7. They will soon be able to answer questions in all languages with interpreters. This is a referral line only -- hotline workers aren’t able to answer specific legal questions, but they will be able to direct you to the courts, clerks offices and other resources in your region. If you don’t get through the first time, keep trying!

In NYC, you can also call Housing Court Answers, 9am-5pm, Monday-Friday: (212) 962-4795 or (718) 557-1379. Calls are answered directly in Spanish, English and French, and interpreters are used for all other languages through the LanguageLine translation service.

In the Capital District and in Upstate NY, you can call United Tenants of Albany's Housing Hotline, 9am-5pm Monday-Friday at (518) 436-8997, ext. 3 for referrals and guidance about your housing questions. For speakers of languages other than English, interpreting services are available through LanguageLine.

Find free legal services near you using the Find a Lawyer search on LawHelpNY.

If you need repairs in your apartment, contact your landlord right away. Your landlord must make sure that your apartment is safe and habitable.

If you live outside of New York City, you can contact your local housing authority or call the statewide hotline, 833-503-0447 for referrals and assistance.

If you live in New York City and your landlord does not make necessary repairs, you can call 311 for assistance.

You can also use the JustFix app for information and assistance with taking your landlord to court for emergency repairs. Emergency repairs include: no gas; no heat or hot water; lead-based paint; toilet not working; tenant harassment. 

If you have lost your job or been furloughed, you are not eligible for federal paid sick leave or federal paid family leave, as you may know. You should apply for unemployment insurance benefits.

Here are some things you should know about applying for Unemployment Insurance benefits:

• New York State is waiving the 7-Day waiting period for Unemployment Insurance benefits for people who are out of work due to Coronavirus (COVID-19) closures or quarantines.
• If you are filing a new unemployment insurance claim, the day you should file is based on the first letter of your last name. Find out what day to apply here.
• After you complete your form online, you may need to call the Telephone Claims Center at (888) 209-8124
• The Telephone Claims Center is open from 8 a.m. to 7:30 p.m. Monday through Friday and on Saturday and Sunday from 7:30 a.m. to 8 p.m. 
• You may need to call multiple times to get through to an agent - don't give up!
• Get more information about Unemployment from NY Department of Labor

The federal CARES Act was signed into law March 27, 2020.

The Act provides enhanced Unemployment Insurance (UI) benefits and Pandemic Unemployment Assistance (PUA) for New Yorkers. Here’s what you need to know.

You may also be protected by paid sick leave and family leave laws.

• Read the Fact Sheet on Workplace Rights and COVID-19 by the New York Legal Assistance Group (NYLAG) for a summary of city, state and federal laws that may protect you.

Federal laws

The federal Families First Coronavirus Response Act provides:

• Paid Sick Leave of up to 2 weeks depending on the size of your employer. 
• Paid Family Leave including 12 weeks of paid leave for employees who are unable to work or telework (work from home) because their children's schools or childcare providers are closed.

If your workplace closed or if you have been furloughed, you should apply for Unemployment Insurance Benefits (link to NY DOL) because you are not eligible for federal paid sick leave and federal paid family leave.
 

The Empire Justice Center has more answers about the federal and state laws about paid sick and family leave.

State laws

Under New York State's Paid Sick Leave law some employers must provide 5 to 14 days of job-protected, paid sick leave to employees who need to take leave.

In addition, New York State has a Paid Family Leave law.

Local laws

New York City's Paid Safe and Sick Leave Law and Westchester County's Earned Sick Leave Law may provide additional rights, especially if you are a domestic worker.

More support

National Center for Law and Economic Justice have put together a resource to help you understand the government programs that are available to help you make ends meet. Get the fact sheet here.

The New York State Bar Association has created an Unemployment Insurance Relief page that can help you if

• You need to file a claim
• You have already filed a claim
• Your claim was denied

Here are some more helpful resources about applying for unemployment benefits

• Watch this video with the most recent answers to questions about unemployment benefits from New York Legal Assistance Group
• Read about Unemployment Insurance Benefits and Pandemic Unemployment Assistance from LawNY
• Read this PDF of step-by-step instructions for how to file for unemployment online

I need to talk to someone for help and I live in New York City

During the COVID-19 crisis, the VOLS Unemployed Workers Project provides much needed support and guidance to New Yorkers.

Trained attorneys are available to answer questions about the various unemployment programs’ eligibility requirements, payment amounts and will help you navigate the process of filing for benefits.

You may be eligible for free attorney representation if you are denied benefits. Here is how to get help:

• Call VOLS Unemployed Workers project at 347-521-5720
• Complete the online interest form to request contact from a VOLS representative
• Read more information and answers to frequently asked questions about unemployment on the VOLS website

You may also be able to receive help from the Access to Benefits Helpline from the Legal Aid Society

The Access to Benefits (A2B) Helpline 888-663-6880 will be open Monday through Friday from 10:00 a.m. to 3:00 p.m.

A2B staff can assist NYC residents with employment and unemployment benefits matters, issues related to Medicaid/health law, SNAP, public assistance, disability, and other benefits and issues related to COVID-19.

I need to talk to someone for help and I do not live in New York City

You can also find help in your county using our Find a Lawyer search.

If you can't find help near you, you may be able to connect with a volunteer attorney through the New York State Bar Association.

If you are having trouble paying bills or mortgage payments, you can read this helpful resource from Consumer Financial Protection Bureau about protecting yourself financially.

There are many protections being put in place for you - read about adjustments that are being made to many of the bills and fees you may be paying in this online PDF FAQ for consumers from Legal Services NYC.

What about student loans?

If you are having trouble paying your student loan bills, please note that an Executive Order directed the Department of Education suspend principal and interest payments on federally-held student loans until September 30, 2021.  Read more here.

How do I manage my money?

New York Legal Assistance Group has put together some helpful tips on financial planning during a crisis.

The Brooklyn Bar Association Volunteer Lawyers Project has put together a list of useful consumer and homeowner information.

I think I have been targeted by a scammer.

Scammers look for opportunities to take advantage of the vulnerable, especially during times of emergencies or natural disasters. 

Read more about how to be aware of scams here.

More resources about benefits available now:

• You may be eligible for help with you internet bill. You can read more in this resource from Empire Justice Center here.

Shelters and domestic violence programs are still open and can help. If you need help right now, call 911 for the police.

Call a domestic violence hotline, for help with safety planning, finding shelter, support, and treatment for injuries

• The New York State 24-hour Domestic & Sexual Violence Hotline 1-800-942-6906
• The U.S. National Domestic Violence Hotline 1-800-799-SAFE(7233)
• NYC residents can call the NYC Family Justice Centers for help with safety planning, applying for benefits, legal help, and more.
• Find more information on these issues on Brooklyn Volunteer Lawyers Project's Family Law Resources page

There are many online resources for finding shelters, support and treatment

• Visit New York State Coalition Against Domestic Violence to learn more about services
• Read about how to make a safety plan from TheHotline.org
• Read this article about the impact COVID-19 may have on intimate partner violence survivors from TheHotline.org
• Find many more related resources from FuturesWithoutViolence.org

You have the right to ask the court for a “Temporary Order of Protection”

An Order of Protection is a legal document issued by a judge to protect you or your children from an abuser.

Orders of Protection can order someone to “stay away” or have no contact with you or your children, and can limit the person's communications with you.

Orders of Protection are considered “essential” matters by the court. This means, you can "petition" (or ask) the court for an order of protection. A Temporary Order of Protection is valid for a shorter period of time, usually until the next court appearance. 

Your attorney or advocate can "petition" (or ask) the court for a Temporary Order of Protection or you can do it yourself.

If you need to do it yourself, you can reach the court by calling the Coronavirus Telephone Hotline at 1-833-503-0447.

If you are in NYC you can get information about getting an emergency order of protection by calling 646-386-5299 from 9 a.m. to 5 p.m.

Court forms for filing an Orders of Protection can be found on NYcourts.gov

What if I already have a Temporary Order of Protection?

If you  already have a Temporary Order of Protection that is valid as of March 19, 2020, it will remain in effect until the court is able to hear the matter. 

So, even if your Order has now expired, you can still call the police and have it enforced.

The court is postponing hearings on existing Temporary Orders of Protection.

If you had a hearing scheduled, you may have a new court date.

Call the courthouse where your case is being heard to find out if the case has been postponed.

• Find contact information for any court in New York state using the Court Locator on NYCourts.gov

Read this resource by Legal Assistance of Western New York (LawNY) about custody, visitation and child support during the COVID-19 crisis.

This article from Empire Justice Center has answers to many questions you may have if you are paying child support, lost your job, file a joint tax return, or currently owe child support. This article also discusses how stimulus checks may be affected by child support.

If you are living in NYC, find more information on these issues on Brooklyn Volunteer Lawyers Project's Family Law Resources page.

Under the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 and the American Rescue Plan Act of 2021, FEMA will provide financial assistance for Covid-19-related funeral expenses incurred after January 20, 2020.

This resource from FEMA describes who is eligible for their assistance as well as how to apply for assistance for Covid-19 related funeral expenses.

When a person dies (the “Decedent”) with less than $50,000 of personal property, the Decedent’s estate is considered a small estate and the Surrogate’s Court proceeding that is used is called a Voluntary Administration. This proceeding is used whether or not the Decedent executed a Last Will and Testament during his or her lifetime. Personal property includes bank and retirement accounts, cars, stocks, bonds and anything of value that has the Decedent’s name alone, with no joint owner and no beneficiary designation. It does not include real property like houses, land, and buildings.

Click here to learn more about Surrogates' Court and get forms

How can I get help with my family member's small estate?

• You can get matched with a volunteer lawyer by the New York State Bar Association
• If you live in New York City, you can also get matched with a volunteer lawyer by the Brooklyn Bar Association Volunteer Lawyers Project 

Read this helpful resource from Consumer Financial Protection Bureau about protecting yourself financially during COVID-19.

There are also services available from HUD to help you avoid foreclosure at any time. 

We are sorry you didn't find what you're looking for yet. Here are some good resources that have answers to some issues we aren't yet covering on this page

• Latest information by legal issue area from New York Legal Assistance Group - you can find information here about wage garnishments, mediciad, immigration, health insurance, special education, taxes, veteran issues, and more.
• Frequently asked questions and resources from Empire Justice Center - you can find information here about social security, scams and fraud, stimulus checks, child support, nursing homes, and more.
• The Legal Aid Society has also published information on various legal issues you may be facing during COVID-19 and information on the courts.

You can also chat with one of our LiveHelp volunteers, Monday through Friday from 9 a.m. to 9 p.m. Click here to start chatting!