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FAQs
Find detailed answers to questions clients frequently ask, such as how to apply for SSDI, qualify for free legal services, or receive assistance with disability benefits in New York State.
Agricultural Worker Project
Who is eligible for help through the Agricultural Worker Project?
The Agricultural Worker Project serves farmworkers across New York State who need legal help with employment issues, housing, and wage claims.
What kinds of issues does AWP help with?
Services include fighting wage theft, addressing unsafe working conditions, securing housing, employment discrimination, and other civil legal matters.
Do you travel to labor camps in NY?
Yes—the AWP staff travels to labor camps all across NY state, providing bilingual legal education materials and legal representation.
How do I apply for assistance?
You can call our HelpLine, apply online, or attend one of our outreach events:
You can also contact the Agricultural Worker Project (AWP) for free:
- Toll-free from the United States: 1.800.804.8575
- Toll-free from Mexico: 1.800.248.2429
- Toll-free from Jamaica: 001.877.248.2429
- Via WhatsApp/cell phone: 845.422.6624
Is this service available in rural areas?
Yes—we operate across Central New York and conduct off-site clinics in rural and agricultural communities to ensure access to legal help.
Disability
What types of disability help does LASMNY provide?
We support clients applying for social security disability assistance, SSI and SSDI benefits, and related civil legal issues like housing and family law.
Can you help me apply for SSDI or SSI?
Yes—we guide you through how to apply for SSDI, what is SSDI, the difference between SSI and SSDI, and how to access SSDI benefits, SSI benefits, or social security disability housing assistance.
What should I do if my SSDI claim was denied?
You can work with an SSDI attorney or disability lawyer to appeal your claim and increase your chances of winning disability with a lawyer.
How do I start getting free disability legal help?
You can apply online or call us directly for support in applying for SSDI, SSI, and even SSDI back pay or back-dated claims.
Domestic Violence
What legal help does LASMNY offer for victims of domestic violence?
We assist with orders of protection, custody, divorce, and related family law issues—all provided by compassionate domestic violence lawyer advocates.
Can I get free legal representation if I'm experiencing intimate partner abuse?
Our team offers family law legal representation at no cost, helping you secure safety and legal rights during a crisis. If we are unable to represent you due to a conflict or lack of capacity, the family court will assign a free lawyer to represent you if you cannot afford to hire a lawyer.
How do I start getting help if I’m facing domestic violence?
You can apply online through our website or call our help line to speak directly with a domestic violence lawyer who understands your situation.
Do you help with related housing issues or eviction?
Absolutely—victims may also get support with eviction or housing authority issues as part of our holistic approach to safety and stability.
Where do you provide these services?
We serve clients across Central New York in Broome, Cayuga, Chenango, Cortland, Delaware, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego and Otsego counties.
Elder Law
Who qualifies for free elder law help?
If you’re age 60 or older and reside in one of the 13 Central New York counties LASMNY serves—or have low income and limited resources—you may qualify for free elder law assistance.
What legal issues can LASMNY help with?
Our services include help with wills and estate planning, health care proxies, powers of attorney, Medicaid planning, housing problems, elder abuse or neglect, consumer issues, and family-related legal concerns.
Does income or asset level affect eligibility?
Yes—but if your case is referred by your local Office for Aging (OFA), income and resource limits do not apply; otherwise, you’ll need a low-income status to qualify.
How do I get started with elder law services?
If you're in OFA-funded counties (Broome, Herkimer, etc.), contact your local Office for Aging and ask for legal help. If they can’t assist, you can apply online, call LASMNY’s HelpLine, or visit one of our offices.
What areas does LASMNY serve?
We provide elder law services to seniors age 60 + in Broome, Cayuga, Chenango, Cortland, Delaware, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego and Otsego counties, with additional coverage for qualifying low-income seniors in five others.
What is an estate?
Your estate includes all of your assets and liabilities at the time of your death. This can include real estate, personal possessions, bank accounts, investments, and any debts you may have.
What is estate planning?
Estate planning is the process of preparing to manage your estate after your death, or to manage your assets in the event you become ill or incapacitated. It's a way to put your wishes in writing and give legal authority to your loved ones to act on your behalf if you're unable to do so yourself.
What are the three basic documents for estate planning?
The three basic documents are: a Last Will and Testament, a Health Care Proxy, and a Power of Attorney.
What is a Last Will and Testament?
A Last Will and Testament, or simply a Will, is a document that specifies how you want your possessions to be distributed after you pass away. It also allows you to designate an Executor, who is in charge of carrying out the wishes outlined in your Will.
What happens if I die without a Will?
If you pass away without a Will, the law decides how your things will be distributed among your next of kin.
Can I change my Will after it's signed?
You can replace your Will with a new one or sign a "codicil," which is an amendment. However, you cannot write on the Will or remove the staple once it's signed, as either action will invalidate the document.
What happens to my Will after I die?
Your Executor must present the original Will to the surrogate's court, which will validate it. The court will also handle any claims for liabilities against the estate. Once the Will is validated and all liabilities are addressed, your Executor will distribute everything as the document directs.
What is a Health Care Proxy?
A Health Care Proxy is a document that allows you to name a proxy, who can make medical decisions for you if you become incapacitated and are unable to communicate your wishes.
What happens if I don't have a Health Care Proxy?
If you don't have a Health Care Proxy and a major medical decision is needed when you are incapacitated, doctors will typically ask your spouse or, if you're unmarried or your spouse is unavailable, your children about your wishes.
What is a Power of Attorney?
A Power of Attorney is a document that gives an agent the authority to manage your financial affairs as if they were you. This document doesn't take away your own authority; it simply gives someone else the ability to handle your affairs as well.
What happens if I don't have a Power of Attorney?
Without a Power of Attorney, no one will be authorized to handle your financial affairs if you become sick or incapacitated. Having one can be helpful for tasks like paying bills or writing checks if you're laid up for a long time.
What can an agent do?
An agent must honor your wishes as long as you can communicate them, even if they disagree. If you are unable to communicate, they must act in what they believe is your best interest and keep records of their actions.
What happens to a Power of Attorney after I die?
A Power of Attorney is no longer valid after your death, as it only allows someone to manage your affairs while you are alive. You need a Will and an Executor to manage your affairs after you pass away.
Evictions
Can LASMNY help me if I’m facing eviction or landlord issues?
Yes—you’ll get free legal help from an eviction lawyer if you’re at risk of losing your home.
What can a lawyer do to help me stay in my housing?
Our housing attorney team can assist with defense strategies, filing objections, and negotiating with landlords to stop an unlawful detainer eviction.
Do you help with housing authority or tenant rights?
Absolutely—we help clients challenge housing authority actions and enforce the implied warranty of habitability in their rentals.
How do I get started if I’m at risk of eviction?
You can apply online, call our help line, or meet with a local tenant eviction lawyer to discuss your options and start building a defense.
Are there resources to help me with housing stability?
We connect clients to foreclosure assistance grants, rental assistance programs, and other services to help you remain housed.
Foreclosure
What help do you offer for people facing foreclosure?
We provide free legal assistance to homeowners threatened with foreclosure, helping with negotiations, loan modifications, and court representation.
Can you help me qualify for foreclosure assistance grants?
Yes—we help you apply for available grants and counsel you through affordability and fairness programs.
Do you offer representation in foreclosure court proceedings?
We support clients in court by negotiating with lenders, filing defenses, and ensuring your rights are upheld throughout the process.
What should I do first if I receive a foreclosure notice?
Contact us right away—call our help line or apply online so we can review your case quickly and begin defending your home.
Are there eligibility requirements for free help?
Typically, help is available to low- and moderate-income homeowners; we’ll review your financial situation to determine if you qualify.
Manufactured Home Park Evictions
What qualifies as a mobile home park in New York?
A property is a mobile home park if:
- There are at least three mobile/manufactured homes
- The homes are used for year-round living (not seasonal)
- The homes are on adjoining land that is privately owned
Which tenants are covered by mobile home park rules?
You are a tenant covered by these rules if:
- You own your mobile home and rent the lot; or
- You rent both the mobile home and the lot from the park.
You are not a tenant under this law (regular LL/T rules apply) if:
- You rent a home from someone else, and that person rents the lot from the park.
Can I be evicted for not paying fees other than rent (like utilities or pet fees)?
No. In a non-payment eviction, only unpaid rent can be the reason. Utility bills, late fees, or pet fees do not count.
What notice must the Park give before starting an eviction for unpaid rent?
A 30-day written notice (called a “predicate notice”) must be given. The notice must:
- Clearly state the amount of unpaid rent (no extra fees).
- Be delivered in person, to someone at your home, or left at your door AND mailed (regular + certified mail).
- Give you 30 days to pay or move out.
If I am paying my rent, what other reasons can the Park ask me to leave?
Good cause is required to evict tenants in mobile home parks. Not paying rent is the most common cause. Others include:
- Illegal use of the property: No notice is required. The Park can go straight to court.
- Violation of safety laws: No notice is required, but there must be a danger to other tenants.
- Lease/rule violation: A 10-day notice to fix the violation is required. Then, a 30-day notice to move out if the issue is not fixed (or Park says you are a repeat violator).
- Change in land use: A 2-year notice is required before an eviction case can begin. The court may award a stipend to you if you own the home, and it must be paid before you can be evicted.
When can the Park evict based on illegal use?
If the property is being used for any illegal purpose or business, then the Park can try to evict you.
- Important Note: In an illegal use case, the park does not have to give you any predicate notice at all. The Park can start an eviction proceeding in court without serving a predicate notice.
When can the Park evict based on breaking the law?
If you have violated some law or ordinance that is dangerous to other people’s safety and welfare, the park can try to evict you. The law can be a federal, state, or local law or ordinance.
- Important Note: In the event of a safety law violation, the Park may start an eviction proceeding in court without serving a predicate notice.
When can the Park evict for breaking a lease or rule?
If you or another occupant has violated a lease term or other rule or regulation of the Park, the Park can try to evict you after giving you a chance to correct the violation.
The Park has to give you a written 10-day notice to cure:
- The Notice must specify which lease term, rule, or regulation was violated.
- The Notice must specify that you have 10 days to correct the violation from the date of receipt.
- If you fail to correct the violation OR you are a persistent violator—which means that you repeatedly violate the term or rule—then the Park has to give you a 30-day notice to move out.
If you do not correct the violation within 10 days of receiving the cure notice and you do not move out within 30 days of getting the move-out notice, then the Park can start an eviction case against you in court.
What if the Park is going out of business?
If the park owner wants to change the use of the land, such that it is no longer used for renting mobile homes, the Park has to give a notice of the proposed change to both owners of the mobile homes who rent lots and tenants who rent both the mobile homes and lots.
The change in use notice has to be formally served on you in the following manner:
- Someone hands the Notice to you;
- Someone who lives or works at your mobile home is given the Notice, like a family member or babysitter; or
- The Notice is left on your door and mailed to you using both regular mail and certified/registered mail.
A park can start an eviction case against you in court only after two years from the day the notice was served on you.
Important Note: if you own the mobile home and rent the lot, and the park wants to change the use of the land, then the park has to pay a stipend to you based on a court order. A court would calculate the amount of the stipend, which can be up to $15,000.
What happens if the Park wants to evict me?
In New York State, tenants can legally be evicted only through a warrant of eviction issued by a court. If a landlord tries to evict you without first getting a warrant from a court, that is a crime, and you should call the police.
- A park can start an eviction case against you in a court in the city, town, or village where the Park is located.
- The Park must file a Notice of Petition and a Petition with the court to start an eviction case against you.
- The park has to have you formally served with the court papers in the following manner:
- Someone hands the Notice to you;
- Someone who lives or works at your mobile home is given the Notice, like a family member or babysitter; or
- The Notice is left on your door and mailed to you using both regular mail and certified/registered mail.
You have to be served at least 10 days before the first court appearance, and you cannot be served more than 17 days before the first court appearance. This is called the “10-17 days rule.”
If someone personally gave the notice to you or someone who lives or works at your home, then the day you are served is used to determine whether you were served at 10 days, but not more than 17 days, before the first court appearance.
If the court papers were left at your home and mailed using regular and certified mail, then the park has to file proof of service with the court within three days.
This proof of service is usually in the form of an “Affidavit of Service.” The day the Affidavit of Service is filed with the court is used to determine whether you were served at 10 days, but not more than 17 days, before the first court appearance.
If you are served with court papers, call our Housing Preservation Line at (315) 793-7083!
Who are the parties in an eviction case?
The caption lists the names of the parties involved:
1. Petitioner: The person or entity bringing the eviction case—usually the landlord or park owner.
- Tip: Check if this is the actual owner of your manufactured home park.
2. Respondent(s): The person or people being evicted—you and possibly others who live in your home.
- Tip: If someone who pays rent isn’t listed, you can ask the judge to dismiss the case.
What does a Notice of Petition include?
This document tells you:
- The date and time of your first court appearance
- The court’s address and the address of your home
- What the park is asking for (e.g., eviction, money owed)
- You have the right to respond, either in person or in writing, up until the first court appearance
What does a Petition include?
This tells the mobile home park’s side of the story, including:
- Their claim to be the owner or landlord
- That you are their tenant
- A description of your home in the manufactured home park
- The reason for the eviction (e.g., non-payment, lease violation, illegal activity)
- What they want from the court (eviction, back rent, etc.)
Do I need to go to court?
What can I do at the first court appearance?
- Someone who lives with you wasn’t listed as a Respondent
- You weren’t served court papers correctly
- Required notice (like a Notice to Pay Rent or Notice to Cure) was never served, or was done improperly
- If it’s about non-payment, you can challenge the amount owed and raise repair issues (like infestations)
- If it’s a lease violation, you can show you fixed the issue or that the notice wasn’t specific
- You’ve moved out already
You can ask for a two-week adjournment, request a hearing, or a jury trial.
If you have not spoken with a lawyer yet, tell the judge you want an adjournment to try to get a lawyer and call LASMNY at (315) 793-7083.
What if I don’t have a defense but need more time to move?
You can ask the judge to hold off on evicting you.
You’ll need to explain why you need more time:
- You have had no luck finding housing (show phone call logs, emails, applications, etc.).
- You have medical conditions that make moving harder (provide proof to the extent possible).
- You have children in local schools who will be hurt by moving abruptly.
What is a warrant of eviction?
If the judge rules for the Park, the judge will sign a warrant of eviction. If the tenant is behind on rent, the judge may also sign a monetary judgment.
After the judge signs the warrant, a sheriff’s deputy, city marshal, or constable will serve the warrant. Hand delivery is not required.
The amount of notice a tenant receives before execution varies. The warrant will state the earliest date it can be executed.
How much time do I have after getting a warrant?
It depends on why the eviction was granted and whether you own your manufactured home:
- Most evictions: Usually, 90 days’ notice
- Health/safety risk evictions: 30 days’ notice
- Non-payment of rent evictions: 30 days’ notice
- BUT If you rent both the home and the lot: as little as 72 hours' notice
What if the Park tries to evict me without going to court?
That is illegal. Only a court-issued warrant can result in a legal eviction. Call the police if the landlord tries to remove you without it. You can also file a complaint with the New York Attorney General.
Security Deposits
What is a security deposit?
A security deposit is a sum of money you pay to your landlord when you move in. This deposit can be used to cover damages beyond normal wear and tear, unpaid rent, utility bills that you were responsible for, and any moving or storage costs for your belongings if you leave them behind. If there are no damages or money owed when you move out, you should receive your deposit back.
How much can my security deposit be?
It can’t be more than one month’s rent. Even if your credit isn’t perfect, landlords can’t ask for more.
Example: If your rent is $1000/month, the maximum security deposit can only be $1000. Even with a $200 pet deposit, the total maximum amount owed is still only $1000, not $1200.
When can a landlord keep all or part of it?
Your landlord can keep part or all of it if you didn’t pay rent, damaged the apartment (beyond normal wear and tear), left behind unpaid utility bills, or they had to pay to move or store your belongings.
Can I inspect the apartment before I move in?
Yes! After you sign the lease and before you move in, your landlord must offer you a chance to walk through the apartment together, make a written list of any existing damage, and sign the list together to avoid confusion later.
What happens with the deposit when I move out?
When should I get my deposit back?
Your landlord is required to return your full deposit or provide a written explanation of any deductions within 14 days of your move-out date. If they choose to withhold any amount, they must return the remaining balance. If your landlord doesn't meet this deadline, they lose the right to keep any portion of your deposit.
What if my landlord won’t return the deposit?
Try to work things out directly. You can also file a complaint with the New York Attorney General (online or by mail) if your landlord does not return the deposit or charges more than one month’s rent.
For issues like damage or rent owed, go to Small Claims Court.
What is Small Claims Court?
It’s a local court where you can sue for money (up to $5,000 in City Court or $3,000 in Town/Village Court). You don’t need a lawyer.
What can I win in court?
You can get all or part of your deposit back. If your landlord knowingly broke the law, you might get up to two times the deposit.
How do I prove my landlord wrongly kept my deposit?
Bring as much evidence as possible: lease copies, photos/videos, inspection reports, messages with your landlord, receipts, and witnesses. Your landlord must prove that what they kept was reasonable, but you should show why it wasn’t.
What if I lose in court?
If the judge agrees with your landlord, you may get nothing back or be ordered to pay more money if they prove you owe it.
Can I appeal the decision if I lose?
Yes. File within 30 days. Appeals are complicated, and you should reach out for legal help. Call our Housing Preservation Line at (315) 793-7083.