Welcome to Accessible Law Helping you access the law, and the forms you need, for free.
The law can be confusing. The procedure to address legal issues can be even more confusing. Go to a court clerk's office, and help is limited because the clerks are not allowed to cross that line into "the unlicensed practice of law." The resource librarian in one's community may even feel similarly constrained. Attorneys, of course, need to make a living, so their websites do not give you all the information and tools you need to handle a matter on your own for free, as they would rather have you walk into their offices. Type key words into an internet browser, and the first sites likely to come up are ones that want money, not the ones that provide the best information.
This website was created out of concern for the innumerable people who have no choice but to represent themselves, which you, the reader, may be one of. Clearly, most people would prefer to not have to do it on their own. It is far easier and reassuring to have a lawyer working on a legal matter, just as it is to have a doctor address one’s medical problem. Ideally, we all would have the best legal and medical care. But reality is what it is. Hopefully, the information contained in this website will help. It is a work in progress. Doing-it-yourself in New York State is the focus. Limited information on resources in other states is available here.
The site begins with the Index below, which covers many legal topics. Included are links to federal government, state government, Legal Aid, Bar Association, and other websites that have already provided texts of the law, forms, and programs online for the public to use. There is no guarantee that any link will continue to be valid, so if you click on a link that we have not updated, please just input keywords in your browser to find the referenced website.
Some legal forms are self-explanatory, like the forms to legally change one's name or to give a power of attorney. Use of them is similar to filling out a motor vehicle or income tax form, something that the average person should be capable of.
Adversarial court actions are more complicated. There is a separate page containing an Index of Court Proceedings and a separate page containing an Index of Administrative Proceedings. There is also a separate page containing an Index of Alternatives to Litigation.
Whatever legal matter you are addressing, remember not to panic. Learning something new takes time and patience. Yes, there is much reading involved. Check out the Legal Research page.
So, on to doing it yourself:
Index of Legal Topics with Information and Resources
Abandoned Children Definition, Family Court Act §1012, Social Services Law §371 Child Protective Proceeding, Famiy Court Act §§1058, 1059 Under Age of One, Family Court Act §1055 Guardianship, Social Services Law §384-b Infant Protection Program, Social Services Law §372-g
Abandoned/Unclaimed Property NYS Abandoned Property Law Unclaimed Funds (NYS Office of the State Comptroller) NYS does not have any statutes that tell landlords what to do with valuable property left behind by tenants. If the tenant is being evicted, the landlord gets a warrant to remove all the property from the unit and place it at the curb, thereby cleaning out the unit. If the tenant leaves before being evicted, the landlord can bring a lawsuit for both past due rent, damage to the unit, and/or disposal of property left behind. If the tenant has disappeared, the landlord may be stuck having to store property. The landlord cannot necessarily assume that the property has been abandoned by the tenant. Therefore, a good practice is for leases to have provisions defining abandonment and what a landlord can do, including family or friends of the tenant to be contacted. Sample letter ex-tenant about abandoned property
Abortion See also Miscarriages Dobbs v. Jackson Women's Health Organization, __ U.S. __ (2022) (U.S. Supreme Court) Roe v. Wade, 410 U.S. 113 (1973) (Cornell Law School Legal Information Institute) Freedom of Access to Clinic Entrances Act (U.S. Department of Justice, Civil Rights Division) If/When/How organization: addresses reproductive justice. Amicus Brief: Self-Managed Care in June v. Gee (If/When/How) We Testify (an organization dedicated to the leadership and representation of people who've had abortions, increasing the spectrum of abortion storytellers in the public sphere, and shifting the way the media understands the context and complexity of accessing abortion care.) Offenses Against Reproductive Health Care Providers (U.S. Department of Justice) Criminalization of Pregnancy and Reproductive Health (National Association of Criminal Defense Lawyers) Global Self-Managed Abortion Laws (Law Atlas) The Southern Hospitals Report: Faith, Culture, and Abortion Bans in the U.S. South (Columbia Law School) Learning about evolutionary history: An organism's development (UC Museum of Paleontology, Berkeley) Women On Web (a Canadian non-profit organization, providing help and information on safe abortion and contraception).
Abuse See Child Abuse, Elder Welfare, and Partner Abuse See also Domestic Abuse on the Court Proceedings page.
Addiction NYS Office of Addiction Services & Support Alcoholics Anonymous Spenders Anonymous Opioid Settlement Tracker Track Opioid Settlement Funds in Your Community (KFF Health News)
Adirondack Park History of the Adirondack Park (Adirondack Park Agency) New York's Forest Preserve (NYS Department of Environmental Conservation) Protect the Adirondacks! v. NYS DEC et al. (NYS Court of Appeals 2021) Adirondacks Forever Wild
Adoption Adoption by an adult, Domestic Relations Law §110 Adoption of an adult, Domestic Relations Law §111 Adoption by step-parent, Domestic Relations Law §115-b Consent required, Domestic Relations Law §111, Social Services Law §384 Consent of father out-of-wedlock, Social Services Law §384 Consent of child over age 14, Domestic Relations Law §111 Waiting period for child under age 18, Domestic Relations Law §116 Foster parent preference, Social Services Law §§374, 383 Foreign-born orphans admitted with non-quota status, Domestic Relations Law §115-a, Social Services Law §371 Immigrant orphans, Domestic Relations Law §115-a, Social Services Law §371 Native American tribes, Social Services Law §39 Effect on inheritance, Domestic Relations Law §§110, 117 See also Adoption on the Court Proceedings page. The Lawyer's Guide to Agency Adoptions (NYS Unified Court System)
Adult Protective Services Generally, Social Services Law §473 Reporting of endangered adults, Social Services Law §473-b Confidentiality of records, Social Services Law §473-e Adult Protective Services - Autonomy Versus Protection (Rose Mary Bailly, Esq., Albany Law School Government Law Center)
Advertising Guides Concerning the Use of Endorsements and Testimonials in Advertising (Federal Trade Commission) Disclosures 101 for Social Media Influencers (Federal Trade Commission)
Ageism and Aging Generations Over Dinner: Promoting discussions among generations Preliminary Report of the New York State Master Plan for Aging (NYS Department of Health, Office of the Aging)
Agricultural Fairs Fairs (NYS Department of Agriculture & Markets) NY Fairs by Date (NYS Association of Agricultural Fairs)
Air Travel Fly Rights (US Department of Transportation) Airline Customer Service Dashboard (US Department of Transportation) Travel Health Notices (U.S. Centers for Disease Control and Prevention) Health Conditions that Advise Against Traveling (U.S. Centers for Disease Control and Prevention) TSA Free Helpline for Travelers with Disabilities (U.S. Transportation Security Administration) Security Screening Guidelines (U.S. Transportation Security Administration) Daily delayed and cancelled flights statistics (flightaware.com)
Airports Establishment of or Improvement to Privately-Owned Airports in New York State (NYS Deptartment of Transportation)
Alcohol New York State Liquor Authority NYCRR Title 9, Subtitle B: Rules of the State Liquor Authority Alcoholic Beverage Control Article 8: General Provisions.relating to sale of alcoholic beverages. Alcoholic Beverage Control Law Article 9: Local options as to sale of alcoholic beverages in municipality. General Obligations Law §11-100 addresses compensation for injury or damage caused by the intoxication of a person under the age of twenty-one years. General Obligations Law §11-101 addresses compensation for injury caused by the illegal sale of intoxicating liquor. See also Fetal Alcohol Spectrum Disorder
Permits Alcoholic Beverage Control Law Article 7: Special Permits Event Permits: One-Day Beer and Wine, Catering, All Night, Charitable Event Wine/Liquor Auction Transportation Permits: Trucking, Fleet Trucking, Fleet Company, Aircraft, Steamship Operating Permits: Tasting (Marketing), Broker, Negotiator Miscellaneous Permits: Warehouse, Alcohol, Banking, Bottling, Brewer Tasting, Drug Store, Minor Entertainer, Fire Insurance, Homemade Wine Tasting, Industrial Alcohol, Institute of Higher Education. Lienor, Manufacturer of Non-Beverage Products, Plenary Miscellaneous, Reconditioning, Sheriff, Taxicab, Bottling, Hotel Off-Premises, Plenary Miscellaneous-Storage Off Season, Sale of Wine at Retail (wholesale) and sale of wine at retail (winery), Alcoholic Beverage Education, Craft Beverage Tasting Event, Distributor's Alcohol (A,B,C,D), Home Wine Making Center, Retail Beer Function and Wine ProductsComparison of Distillery and Farm Distillery Licenses (NYS Liquor Authority, Empire State Development) Alcoholic Beverage Control Law &76-f: Roadside farm market license Craft Beverages (Albany Law School Rural Law Initiatives) Cocktail Safe organization website: addresses ingredients and techniques.
Aliens See Immigration or Outerspace.
Alzheimer's Disease Alzheimer's disease is a degenerative brain disease and the most common form of dementia. Alzheimer's Association
Amusement Parks NYS Civil Rights Law Article 4: Equal Rights in Places of Public Accomodation and Amusement NYS Labor Law Article 27: Carnival, Fair and Amusement Park Safety National Amusement Park Historical Association
Animal Welfare See also Environment - Wildlife See also Pets File a Complaint about a Pet Dealer (NYS Department of Agriculture & Markets) Concerns about the care or welfare of livestock and poultry should be directed to your local law enforcement or SPCA . Issues of noise, odor, sanitation, and animal cruelty are regulated at the municipal level, but see NYS Sound Agricultural Practices.
Annulment of Marriage Domestic Relations Law §§7, 140-146
Anthropology American Anthropological Association
Antiquities Act (federal law) Antiquities Act (U.S. Department of the Interior) About the Antiquities Act (National Park Service) Monuments Protected Under the Antiquities Act (National Parks Conservation Association)
Appraisers Appraisers Association of America: Established in 1949, the national association of personal property appraisers who focus on fine and decorative arts.
Arbitration Many contracts mandate arbitration for resolving disputes. Always check the fine print in the contract. NYS CPLR §7515: Mandatory arbitration provisions - when prohibited Federal Arbitration Act (Cornell University Legal Information Institute) American Arbitration Association Arbitration and mediation resources (FORUM) FairShake: a free service that automates the process for filing consumer disputes through the American Arbitration Association.
Artificial Insemination Legitimacy of children, Domestic Relations Law §73 See also Surrogacy
Assessments -- See Real Property Taxes
Attorneys (a/k/a lawyers) Has your former attorney moved on, and you do not know where to find him/her? Have you discovered that much of the contact data online is outdated? Attorneys licensed in New York State must report any change in their contact information to the Unified Court System within ten days of the change. Go to: Attorney Search by Name
The Attorney-Client Relationship: New York State Rules of Professional Conduct (NYS Unified Court System). Applies to all attorneys licensed to practice in New York State. Statement of Client's Rights and Responsibilities (New York State Courts) Procedures for Attorneys in Domestic Relations Matters is found in 22 NYCRR Part 1400. Considerations in Attorney Fees Attorney-Client Fee Dispute Resolution Program (NYS Courts) Letters of Engagement 22 NYCRR Part 1215 (NYS Courts) Letters of Engagement (New York State Bar Association) Sample Form: Non-Attorney Client Relationship
Ethics: Legal Ethics and Professional Responsibility Research (Pace Law School Library) Attorney Grievance Committee (NYS Unified Court System) How to Complain About Lawyers and Judges in New York City (NYC Bar Association) Disclosure of deceased client’s file (NYS Bar Association Opinion 970 6/21/13) Complaint filed in federal court alleging that confidentiality of grievances is violation of First Amendment
The Profession: Above the Law: takes a behind-the-scenes look at the world of law (Breaking Media). Bitter Lawyer: Entertainment and humor for legal professionals and the people who tolerate them (Bitter Empire). Interest on Lawyer Account Fund (IOLA) Continuing Legal Education - CLE (NYS Unified Court System) Legal Mentor Network: Matches law students and newly licensed attorneys with mentors. "An Open Letter to Potential Law Students: Know the Truth" (ABA Journal, August 13, 2018, authored by Nicole Black and Heather Morse) "Minorities, Merit, and Misrecognition in the Globalized Profession" (Fordham Law Review Vol. 80: Issue 6, 2012, authored by Hilary Sommerlad) "Practicing Law Without an Office Address: How the Bona Fide Office Requirement Affects Virtual Law Practice" (University of Dayton Law Review Vol. 36:1, authored by Stephanie L. Kimbro, M.A., J.D.)See also Bar Associations
Auctions and Auctioneers NYS General Business Law Article 3
Automobiles - See Motor Vehicles
Bad Checks General Obligations Law §11-104 sets forth the procedure for demanding a person make good on a bad check or be liable for additional damages, taking into consideration several factors.
Bail (State) The law pertaining to bail is found in Criminal Procedure Law §510.10. Bail Reform Changes Explained (Brennan Center for Justice) Highlights of the 2019 Bail Reform Law (Vera Institute of Justice) New York’s Bail Reform Law: Major Components and Implications (Center for Court Innovation)
Banking Federal Deposit Insurance Corporation (FDIC) 12 U.S.C. Chapter 26: Disposition of Abandoned Money Orders and Traveler's Checks
Bankruptcy Bankruptcy Basics
Bar Associations New York State Bar Association Women's Bar Association of the State of New York National Conference of Women's Bar Associations American Bar Association
Bill of Sale A document that transfers ownership of personal property/goods from one to another. Bill of Sale form
Births Birth Certificates (NYS Office of Vital Records) Birth Certificates (NYC Department of Health) Fetal Death & Still Birth Certificates (NYS Office of Vital Records)
Boats NYCRR Title 9, Subtitle I, Chapter V, Subchapter A: Motorboats
Building See also Construction - Buildings Laws and Regulations for the Division of Building Standards and Codes (NYS Department of State) Building Code of the State of New York (ICC Digital Codes) Check with your municipality for any additional requirements (for example, some municipalities require that electricians and plumbers be licensed). NYS Multiple Dwelling Law NYS Multiple Residence Law
Business See also Starting and Operating a Business Business Contracts from SEC Filings (onecle, Inc.) Women, Business and the Law 2021 (World Bank Group)
Campgrounds NYS Public Health Law §225 includes Sanitary Code. NYCRR §7-26: Potable Water (NYS Department of Health) NYCRR §7-211: Recreational Safety (NYS Department of Health) NYCRR §7-3: Campgrounds (NYS Department of Health) NYCRR §7-5.8: Campgrounds and Campsites (NYS Department of Health) Requirements for Children's Camps in New York State (NYS Department of Health) Town of Franklin Local Law
Cannabis (a/k/a Marijuana) Cannabis Law Article 1: Legislative Findings and Intent, Definitions Cannabis Law Article 3: Medical Cannabis Cannabis Law Article 4: Adult-Use Cannabis Cannabis Law Article 5: Cannabinoid Hemp and Hemp Extract Cannabis Law Article 6: General Provisions Requesting Expungement & Destruction of Certain Marijuana Conviction Records (NYS Division of Criminal Justice Services) Cannabis Law §127 prevents discrimination due to cannabis use on the state level, but one can still be discriminated against under federal law. For example, an employee no longer has to worry about cannabis use being a bar to employment in New York State unless one is a federal employee or his/her employment is subject to a federal law or regulation such as with transporation. NYS Office of Cannabis Management NYS Cannabis Licensing Search and Verify Licenses Penal Law Article 222: Cannabis. There are still crimes involving cannabis as set forth in this Article. Penal Law §222.05 decriminalizes personal use and possession up to certain amounts. Penal Law §222.15 permits cultivation and home possession of cannabis. Specifically, individuals are limited to growing three immature and three mature plants at any one time, up to twelve plants per household. The law further provides that home growth cannot occur until the Office of Cannabis Management has enacted regulations governing home cultivation, which shall be no later than six months from the law's enactment for medical use and eighteen months from the law's enactment for recrational use. The law was enacted on March 31, 2021. See also Marijuana.
Capacity Capacity is a functional assessment regarding a particular decision or task. Guardianship proceedings address a person's capacity to meet personal needs and manage finances and property. If a person is making bad choices, but understands the harm, that person is not incapacitated. People are allowed to make bad choices, to be eccentric, to gamble, etc. Compare Competency
Caregiving NYS Office for the Aging. Locate the one in your county. Non-Emergency Medical Transporation (Centers for Medicare & Medicaid Services) Eldercare Locator (U.S. Administration on Aging) Caregiver Support Services (VNS Health fka Visiting Nurse Service of NY, a non-profit) National Volunteer Caregiving Network
Cars - See Motor Vehicles
Catskills Catskills Regional Trails Program
Cemeteries
Formation and Management Public Cemetery Regulations (NYS Department of State, Division of Cemeteries) Not-for-Profit Incorporation Instructions(NYS Department of State) Responsibilities of Officers, Directors and Trustees of Cemetery Corporations (NYS Department of State) Treasurer's Manual (NYS Department of State) Winter Burials (NYS Department of State) Rights of Cemetery Lot Owners (NYS Department of State) Cemetery Prices, Charges, Rules, and Regulations (NYS Department of State) Instructions for Filing Cemetery Complaint Form (NYS Department of State) Green/Natural Burial Cemeteries Green Burial Council Greensprings Natural Cemetery Association Pet Cemeteries Operation of Pet Cemeteries and Pet Crematoriums (2016) (NYS Department of State) Finding a Cemetery Find a Cemetery in New York State (NYS Department of State) Find a Veterans Cemetery (National Cemetery Association) Abandoned Cemeteries and Municipal Responsibilities (NYS Tug Hill Commission) Associations New York State Association of Cemeteries International Cemetery, Cremation and Funeral Association (ICCFA)
Census (Federal) U.S. Department of Commerce Bureau of the Census American Fact Finder (United States Census Bureau)
Decennial Census Why a Census? (United States Census Bureau) The Census counts people, not homes. Guidelines keep people from being counted twice. To begin with, the responders answer the census questionnaire as to the status of a household on the same date (Since 1930, April 1st of the census year). Second, the responders are instructed to count all people, including babies, who live and sleep in that household most of the time. As the Census Bureau also conducts counts in institutions and other places, responders are instructed to not count anyone living away either at college or in the Armed Forces, nor anyone in a nursing home, jail, prison, detention facility, even if they will return to live there after they leave college, the nursing home, the military, jail, etc. (Children away at boarding schools, however, are counted in the household.) The questionnaire also asks to count people, who have no permanent address, but who are staying in the household on that date. "Most of the time": The state in which a person resides and the specific location within that state is determined in accordance with the concept of “usual residence,” which is defined by the Census Bureau as the place where a person lives and sleeps most of the time. This is not always the same as a person's legal residence, voting residence, or where he/she prefers to be counted. People who are "snowbirds" or have more than one home, have to determine where they live "most of the time." People away from their usual residence on Census Day, such as on a vacation or a business trip, visiting, traveling outside the U.S., or working elsewhere (for example, as a truck driver or traveling salesperson) are counted at the residence where they live and sleep most of the time. 2010 Census Short Form (United States Census Bureau) 2010 Census Interactive Form (United States Census Bureau) 2000 Census Long Form (United States Census Bureau) The American Housing Survey (AHS) The largest regular national housing sample survey, conducted every other year. It gathers information on the number and characteristics of housing units as well as the households that occupy those units. It is sponsored by the U.S. Department of Housing and Urban Development (HUD) and carried out by the Census Bureau. Its publication is required by federal law. The American Community Survey (ACS)
Certificate of Occupancy A document issued by a code enforcer to the owner of premises attesting that the premises were built and maintained according to the provisions of building or zoning ordinances, such as those that govern the number of fire exits or the safety of electrical wiring. In New York State, many buildings were erected before there were such ordinances, and if so, the local code enforcer will provide a letter stating such. NYS Building Code §1001.2: Certificate of Occupancy Certificate of Occupancy (NYC Buildings) Town Certificate of Occupancy Letter allowing for the lack of a Certificate of Occupancy on the original building.
Certifying of Documents A process of verifying the authenticity of a copy of an original document. Certification of Copy by attorney or clerk. May require an embossed seal.
Charities See also Not-For-Profits NYS Department of Law Charities Bureau: Can investigate complaints that involve 1) wrongdoing by charitable corporations, trusts or other nonprofit organizations; 2) fraudulent or misleading solicitation and improper expenditure of money for charitable purposes; and 3) improper activities of executors, administrators, trustees and personal representatives responsible for honoring pledges or bequests to a charity. Charity Watch, an independent charity watchdog. Charity Navigator, a site on which to search charities. Give.org, BBB Wise Giving Alliance (Better Business Bureau). Conflicts of Interest Policies Under the Not-for-Profit Corporation Law (NYS Attorney General's Office) Independent Sector: a national membership organization that brings together a diverse community of changemakers at nonprofits, foundations,, and corporate giving programs working to strengthen civil society and ensure all people in the United States thrive. Robin Hood Foundation (Addresses poverty in NYC)
Child Abuse Susan B. Anthony Center, University of Rochester
Child Custody Child Custody Outcomes in Cases Involving Parental Alienation and Abuse Allegations, by Joan S. Meier et al., 2019 (SSRN) Slide Presentation: Family Court Outcomes in Custody Cases involving Abuse and Alienation, presented by Joan S. Meier (National Council on Family Relations) See also Child Welfare
Child Marriage Unchained at Last (nonprofit organization)
Child Performers and Models NYS Arts and Cultural Affairs Law Article 35: Child Performers and Models NYS Labor Law Article 4-A: Employment and Education of Child Performers NYS Labor Law Article 4: Employment of Minors Child Performer Frequently Asked Questions (NYS Department of Labor) Child Model Frequently Asked Questions (NYS Department of Labor)
Children Form: Parental Appointment of Your Child's Caregiver for 30 days or less (NYS Unified Court System) Form: Parental Appointment of Your Child's Caregiver for 12 months or less (NYS Unified Court System) Children's Village, a non-profit that works with families. Big Brothers, Big Sisters of NYC, a non-profit that pairs children with mentors. Red Hook Initiative, a non-profit that helps and empowers children in Brooklyn. Bigs & Littles NYC Mentoring Program, a non-profit providing one-to-one mentoring to children. NYS Permanent Judicial Commission on Justice for Children
Chidren with Incarcerated Parents NY Correction Law §72-C: Placement of Individuals with Children (effective 12/23/2021) NYS Social Services Law §384-b You don't have to stop being a parent while you're incarcerated (NYS Office of Children & Family Services) You don't have to stop being a parent while you're in a residential treatment facility (NYS Office of Children & Family Services) 11-OCFS-ADM-07 Incarcerated Parents and Parents in Residential Drug Treatment considerations for TPR (NYS Office of Children & Family Services) A Developmental Perspective on Children with Incarcerated Parents, by Julie Poehlmann-Tynan and Kristin Turney, Child Development Perspectives (2020). See Us, Support Us, a non-profit supporting children of incarcerated parents. Osborne NY, a non-profit. You're Not Alone (Sesame Street) Children of Promise, NYC, a non-profit that offers support and mentoring to children of incarcerated parents. If You Are Arrested, Call Someone Immediately! If You Are Sent to Jail or Prison, Make Plans and Arrangements for Your Child! (NYS Unified Court System)See also Surrogacy
Child Support See Family Matters on Court Proceedings page. Child Support Handbook for Custodial Parents (NYC Human Resources Administration Department of Social Services) Family Court Act §413, Domestic Relations Law §240. FCA §413(1)(d) provides relief when a child support award would reduce the non-custodial's income below the poverty level.
Child Welfare
Churches See Religious Corporations for formation and requirements under NYS Law. NYS Real Property Tax Law §420-a exempts churches from property and school taxes. NYS Real Property Tax Law §&sext420-a(8), 490 allows imposition of ad valorem levies and special assessment charges against church real property for certain items, such as water districts, sewer districts, and sidewalks. NYS Religious Corporations Law §16: Property of extinct churches. See also Clergymen
Citizenship Sample Citizenship Test (Smithsonian) Citizenship Loan Program available in New York City (Hebrew Free Loan Society) See also Immigration
Civil Disobedience: The deliberate refusal to obey governmental demands or commands, especially as a nonviolent and usually collective means, to protest a morally unjust wrong, to force concessions from the government, and/or to initiate change for a vital social purpose. See also Protests Civil Disobedience by Alan M. Schwartz, McGill Law Journal Vol. 16, No. 3 (1968). Protest and Civil Disobedience Defense Practicum (Cornell Law Schoool)
Civil Rights See also Privacy See also Women's Rights U.S. Civil Rights Trail (travel website) Four hundred years after enslaved Africans were first brought to Virginia, most Americans still don't know the full story of slavery, by Mary Elliott and Jazmine Hughes, the New York Times, August 19, 2019. Where Is My Land, a non-profit that helps Black Americans locate stolen lands. A Lesson on Critical Race Theory (American Bar Association)
Federal level: U.S. Department of Justice, Civil Rights Division U.S. Equal Employment Opportunity Commission Collateral Consequences: The Crossroads of Punishment, Redemption, and the Effects on Communities (U.S. Commission on Civil Rights)
State level: New York State Attorney General's Office, Civil Rights Bureau New York State Division of Human Rights
Municipal level: New York City Commission on Human Rights Stop & Frisk Watch (New York City only) (Android - English & Spanish, iPhone, free) (New York Civil Liberties Union): This app is designed to make sure that the NYC police have stopped their stop-and-frisk quota system. It allows a neighborhood bystander to record a questionable stop-and-frisk with just a flick of the finger. One quick shake of the phone, and the recording stops. A survey pops up after the recording is done, which can be used to text additional details about the stop. The entire report is designed to be easily forwarded to the New York Civil Liberties Union. Stop & Frisk Watch can also be used to auto-alert everyone in a community who is monitoring police stops. And there’s a “Know your rights” section for people unsure about what police can and cannot do during a stop-and-frisk. City of Albany Commission on Human Rights Suffolk County Human Rights Commission
Additional Resources: Committee to Protect Journalists (nonprofit) The Marginalized website: TheMarginalized.com was started in 2009 as a way to connect our daily experiences with those of people we place in margins of our lives.See also Discrimination See also Racism
Class Actions A lawsuit filed or defended by an individual or small group acting on behalf of a large group, "a class action suit." The Civil Practice Law and Rules (CPLR) Article 9 governs class actions in New York State. Online search of pending class action suits. Consumer Class Actions in New York (2001) (NYC Bar Association, Committee on Consumer Affairs) New York State Class Actions in 2006 (NY Courts) New York State Class Actions in 2008 (NYS Bar Association) Summary of NYS Class Actions (2012) (NY Courts) New York State Class Actions: A Welcome Sea Change (NY Courts)
Clergymen Definition, Domestic Relations Law §11 Duty regarding marriage licenses, Domestic Relations Law §13-b Performance of marriage ceremony in violation of law, Domestic Relations Law §§17, 18
Climate Change - See Environment
Code Enforcement Individual Water Supply Wells - Fact Sheet #6 (NYS Department of Health)
Collaborative Law Uniform Collaborative Law Rules and Uniform Collaborative Law Act, revised 2010 (Uniform Law Commission)
Collateral Consequences of Criminal Conduct Collateral (indirect) consequences are civil consequences of criminal conduct. They may include: revocation of parole; loss of a license; loss of a job; deportation; disqualification for doing business with or being employed by the government; expulsion from military service or the National Guard; property seizure; loss of a pension; banning from travel to Canada; and ineligibility to possess a firearm. For further information, see Criminal - Collateral Consequences on the Court Proceedings page.
College See also Student Loans Land-grant colleges and universities (1862, 1890, and 1994) (United States Department of Agriculture). Land-grant colleges and universities are designated by Congress as having a relationship with the Federal government through the U.S. Department of Agriculture (USDA), and with a mandate to provide practical education in the agricultural and mechanical arts, and has since expanded to associated disciplines. On Point for College: An organization that helps first-generation college students with miscellaneous costs. Share Meals: An organization dedicated to ensuring all college students are food secure. Swipe Out Hunger: An organization that partners with colleges to end student hunger. The Nest at Nassau Community College
Competency The ability to do something successfully or efficiently. Every person is presumed competent unless adjudicated otherwise. Alzheimer's & Dementia (Alzheimer's Association) Voices of Alzheimer's
For Professionals Core Competency Tool Kit (NYS Regional Centers for Workforce Transformation)
Criminal Proceedings Competency relates to the Defendant's mental state after a crime has been committed and s/he is on trial. The Defendant must be able to participate in his/her defense, and the conviction of a Defendant who is mentally incompetent violates due process. Defendants are presumed to be competent, and when at issue, a judge decides. Defining and Assessing Competency to Stand Trial (U.S. Justice Department)
Conscientious Objection to Combat Current military policy has defined conscientious objection as the following: "A firm, fixed, and sincere objection to participation in war in any form or the bearing of arms, by reason of religious training and/or belief." (DOD 1300.6). The term “religious” also includes moral and ethical beliefs that have the same force in a person’s life as traditional religious beliefs. How to Become a Conscientious Objector (Quaker Speak) Conscientious Objection Resources (Mennonite Central Committee) Conscientious Objection Discharge (GI Rights Hotline) National Registry for Conscientious Objection (The Peace Abbey)
Constitution (United States) The Constitution of the United States (National Archives) The Constitution of the United States (U.S. Senate) The Constitution of the United States Annotated (U.S. Congress) The Preamble to the Constitution (Schoolhouse Rock - Youtube) I'm Just a Bill (Schoolhouse Rock - Youtube)
There are thirty-three amendments to the Constitution. The first ten are known as "the Bill of Rights." First Amendment - Freedom of Speech and Religion Freedom of Speech: What Does Free Speech Mean? (U.S. Courts) Communications Decency Act of 1996 (Free Speech Center at Middle Tennessee State University) Freedom of Religion: First Amendment and Religion (U.S. Courts) Your Right to Religious Freedom (American Civil Liberties Union - ACLU) Shurtleff v. Boston, 2022 (U.S. Supreme Court), flying flags decision. Second Amendment - The Right to Bear Arms District of Columbia v. Heller, 554 US 570, 128 S. Ct. 2783, 171 L. Ed. 2d 637 (2008) (U.S. Supreme Court) Gun Ownership and the Supreme Court (Library of Congress) Federal Domestic Violence Laws limiting gun possession. (U.S. Department of Justice) Removal of firearms - An Overview (New York State Office for the Prevention of Domestic Violence) Federal and New York State Domestic Violence Firearms Laws (Legal Assistance of Western New York, Inc.) Hunting Regulations - Possession and Transportation of Firearms and Crossbows (New York State Department of Environmental Conservation) Third Amendment - Prohibits the involuntary quatering of soldiers in private homes Third Amendment (Encyclopedia Brittanica) Fourth Amendment - Prohibits Unreasonable Searches and Seizures What does the Fourth Amendment Mean? (U.S. Courts)Ten Common Misconceptions About the Constitution (ABA Journal Article by Robert J. McWhirter, September 17, 2015) Constitution Daily: A blog by the National Constitution Center.
NACDL's Fourth Amendment Center (National Association of Criminal Defense Lawyers) Reverse Search Warrant Resource Page (NACDL) Facial Recognition (NACDL) FourthAmendment.com: Website of criminal defense lawyer John Welsey Hall. Provides descriptions of Fourth Amendment decisions across the nation, and links to articles and blog posts. Fifth Amendment In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination. It also requires that “due process of law” be part of any proceeding that denies a citizen “life, liberty or property” and requires the government to compensate citizens when it takes private property for public use. The U.S. Supreme Court has held that because different governments have different crime statutes, it’s possible to offend both simultaneously. Thus, it is not "double jeopardy" for a defendant to face charges under different statutes in federal, state and military courts, even though the actions leading to those charges are one and the same. Don't Talk to the Police (Regent University, video on YouTube) Sixth Amendment Guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who their accusers are and the nature of the charges and evidence against them. Seventh Amendment Distinguishes civil claims which must be tried before a jury (absent waiver by the parties) from claims and issues that may be heard by a judge alone. It only governs federal civil courts and has no application to civil courts set up by the states when those courts are hearing only disputes of state law. Eighth Amendment Prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments. Timbs v. Indiana (2019) (U.S. Supreme Court) - The Eighth Amendment’s Excessive Fines Clause is an incorporated protection applicable to the States under the Fourteenth Amendment’s Due Process Clause. Twenty-Fifth Amendment Article II, Section 1, Clause 6 of the Constitution says the vice president assumes the powers and duties of a president in the event of an inability to serve. The 25th Amendment goes further to address how to determine when a president is incapacitated. The Presidential Succession Act addresses succession if both the President and the Vice President are unable to serve.
Constitution (New York State) New York State Constitution (New York State Department of State) New York Bill of Rights as passed in 1787. (New York Courts)
Constitutions (Worldwide) The World's Constitutions to Read, Search and Compare (Constitute Project) Rule of Law Index 2020 (World Justice Project)
Construction - Buildings Sample Building Contract
Construction of the Law NYS General Construction Law explains the meaning of terms; classification of corporations and definitions; ancient statutes and resolutions; references, titles, and headnotes; effect of repeals; effect of consolidated laws; application of chapter; and laws repealed, when to take effect.
Consumer Ratings Not the same as Credit Ratings. The following is a sampling of companies that track a person's consumer purchases, returns and other activities. These companies may, but are not required to respond to requests: Sift: Claims that it proactively prevents payment fraud. It determines consumer trustworthiness. To request the information it has gathered on you, email privacy@sift.com. Zeta Global: Identifies people with a lot of money to spend. You may request information they have gathered on you via an online form. The Retail Equation: Helps companies decide whether to accept or reject a product return. It will send you a report on yourself if you email returnactivityreport@theretailequation.com. Riskified: Develops fraud scores. It will tell you what data it has gathered on your possible crookedness if you contact privacy@riskified.com. Kustomer: Provides "real-time, actionable views of customers.” Send a request to email privacy@kustomer.com.
Contracts Unless required by law to be written, a contract may be oral. The basic requirements for a contract are an offer by one party, acceptance by another party, and consideration passing between them. Consideration is the benefit that each party receives, or expects to receive, when entering into a contract. About Contract Language and Terms General Obligations Law Article 5, Title 3 sets forth prohibited contracts and provisions of contracts. Non-Compete Agreements FAQs (NYS Attorney General's Office)
Coronavirus - COVID-19 Coronavirus (World Health Organization) Coronavirus - How to Protect Yourself (U.S. Centers for Disease Control) Coronavirus (NYS Department of Health) The Public Readiness and Emergency Preparedness Act (the PREP Act) (US Department of Health & Human Services) COVID-19 Funeral Assistance (FEMA) COVID-19 Guidance for Business Owners and FAQs (NYC Small Business Services) Business-Interruption Insurance: Check whether it covers communicable diseases; does not have to state "pandemic." Force Majeure in contracts: Probably will be much litigation as to whether COVID-19 falls under it.
Corporations See Starting and Operating a Business
Court Interpreters Becoming an Interpreter (NYS Courts) Registering an Agency (NYS Courts) Policies and Procedures (NYS Courts)
Courts (New York State) Historical Society of the New York Courts See also Court Proceedings Page
Cow Tipping There are no laws banning cow tipping because it is not a real thing. If a group of people were able to tip a cow, it could fall under laws of trespass, conspiracy, and animal cruelty.
Credit and Credit Cards General Business Law Article 29-A (§§511-520-D) Unauthorized or Improper Use of Credit Cards and Debit Cards General Business Law Article 29-AAA (§§521-521-F) Credit Card Registration Services General Business Law Article 29-B (§§523-526) Prohibited Credit Card Practices Involving Providers of Travel Services General Business Law §518: Credit Card Surcharges As a general rule, the debtor has the right to specify to which debt he wishes a payment to be applied. In the absence of such a designation, the creditor may make it. Beyer Bros. of Long Is. Corp. v. Kowalevich, 89 AD2d 1005, 1005-06 (2d Dept 1982). Credit Slips: A blog about credit, bankruptcy, consumers, and financial institutions. Consumer Finance Monitor: A blog by Ballard Spahr, LLP.
Credit Rating A three digit number between 300 and 850. Called a FICO score after its creator, Fair Isaac Corporation. A FICO score doesn't reflect age or income. It's based on one's credit report.
Credit Reports The three prominent nationwide credit reporting agencies are Equifax, Experian, and TransUnion. Information on Getting Free Credit Reports (Federal Trade Commission) www.annualcreditreport.com, the only authorized website for free credit reports. Credit Reports and Scores (Consumer Financial Protection Bureau) Credit Repair: How to Help Yourself (Federal Trade Commission) Disputing an Error on Credit Report (Consumer Financial Protection Bureau) The credit bureau will either mark the entire account or just the disputed activity as "disputed." The dispute is visible to lenders and anyone else who checks the credit report. If resolved in your favor, it is removed from your report. Fair Credit Reporting Act (United States Government Printing Office) Most negative information must be removed from a credit report after seven years. Bankruptcies must be removed from a credit report ten years after the bankruptcy filing date. Credit Reports (NYS Department of State, Division of Consumer Protection) Stop Credit Discrimination in Employment Act (SCDEA) (NYC Division of Human Rights). This law is applicable only in New York City. New York State does not have this law. Credit Check Law FAQs for Employers (NYC Division of Human Rights)
Cremation Crematory FAQs (New York State Department of State) List of Crematories in New York State (New York State Department of State) It is legal in New York State to spread cremated remains on one's own property or the property of another who gives permission. It is not legal to spread cremated remains on a public space.
Crime Office of Justice Programs, U.S. Department of Justice Bureau of Justice Assistance: BJA's mission is to provide leadership and services in grant administration and criminal justice policy development to support local, state, and tribal justice strategies to achieve safer communities. BJA supports programs and initiatives in the areas of law enforcement, justice information sharing, countering terrorism, managing offenders, combating drug crime and abuse, adjudication, advancing tribal justice, crime prevention, protecting vulnerable populations, and capacity building. Defrosting Cold Cases: Research Website by Alice de Sturler. See also Collateral Consequences of Criminal Conduct See also Hate Crimes See also Law Enforcement See also Victim Assistance
Criminal Justice See also Law Enforcement NYS Criminal Procedure Law §440.46-a: Motion for resentence; persons convicted of certain marihuana offenses. The Campaign for Compassionate Release: Provides access to free legal representation in court for sick, dying, and elderly federal prisoners who are eligible for early release. Recidiviz, a criminal justice data platform. Youth Justice: Lessons From the Last 50 Years, by Joshua Rovner, Oct. 6, 2023 (The Sentencing Project) The Tyranny of the Trial Penalty: The Consensus that Coercive Plea Practices Must End, by Norman L. Reimer and MartÍn Antonio Sabell, Federal Sentencing Reporter, Vol. 31 No. 4-5, April/June 2019; (pp. 215-221) DOI: 10.1525/fsr.2019.31.4-5.215. Why the Founders Cherished the Jury, by Vikrant P. Reddy and R. Jordan Richardson, Federal Sentencing Reporter, Vol. 31 No. 4-5, April/June 2019; (pp. 316-320) DOI: 10.1525/fsr.2019.31.4-5.316.
Criminal Records See also RAP Sheet 2.8 million people in NYS have had a criminal conviction. Criminal Records Basics (NYS Unified Court System) Clean Slate New York organization. NYS Correction Law Article 23-A addresses licensure and employment of persons previously convicted of one or more criminal offenses. Request Your Criminal History (NYS Division of Criminal Justice Services) Release of Information Sealing of Record - Criminal Procedure Law §160.59
Cruises Cruise Vessel Security and Safety Act (CVSSA) (U.S. Department of Transportation Maritime Administration)
Cultural Diversity
Culture Definition of Culture (Brittanica) Police Culture (Pew Research Center)
Curfews A curfew bans or limits a person's right to be in public areas at certain times. Curfew hours for learner's permit holders (NYS Department of Motor Vehicles).
Cybersecurity Free Cybersecurity Services and Tools (U.S. Cybersecurity & Infrastructure Security Agency) Cyber Tipline (National Center for Missing & Exploited Children) Stop Hacks and Improve Electronic Data Security Act ("SHIELD Act"): NYS General Business Law §899-AA: Notification; Person Without Valid Authorization has Acquired Private Information NYS GBL §899-BB: Data Security Protections
Reporting and Assistance US-CERT.gov: Report computer or network vulnerabilities to US-CERT via the hotline 1-888-282-0870 or www.us-cert.gov IC3.gov: File a complaint with the Internet Crime Compliant Center (IC3.gov), a partnership between the Federal Bureau of Investigations (FBI) and the National White Collar Crime Center (NW3C), at www.IC3.gov FTC.gov: If you think your computer or mobile device has been infected with malware, report it to the Federal Trade Commission at www.ftc.gov/complaint SSA.gov: If you believe someone is using your Social Security number, contact the Social Security Administration's (SSA) fraud hotline at 1-800-269-0271. For additional resources, visit the SSA at http://oig.ssa.gov/report-fraud-waste-or-abuse Report a Date Breach (NYS Attorney General's Office) Victim Resources: Cybercrime and Identify Theft (Manhattan District Attorney)
Death See also Cemeteries See also Cremation See also Funerals Death Over Dinner, a website providing information about death and how to discuss.
Death Penalty New York State stopped all executions in 1984 and abolished the death penalty in 2007. The federal government still has the death penalty for some federal offenses. Death Penalty Information Center World Coalition Against the Death Penalty Affirmation Concerning the Death Penalty
Debt Collection Debt collection actions are subject to both state and federal laws. Every situation is dependent on who the creditor is (private party or government), the type of debt (secured or unsecured, child or spousal support, contract or tort, etc.), the applicable statute of limitations, and the property exemptions that may apply.
New York State Law NYS Civil Practice Law & Rules §213 provides a six year statute of limitations for creditors to bring lawsuits against debtors for breach of contract (which includes credit cards) and breach of mortgages, notes and bonds. Other statutes of limitations, and circumstances that affect compputing time (such as infancy, insanity, absence from the state) are contained in NYS CPLR Article 2. To collect against real or personal property of debtor, a creditor must first obtain a judgment, and then procedures must be followed to permit and direct the Sheriff or Marshall to do the collecting. The Sheriff or Marshall receives a fee, called a "Sheriff's Poundage," set forth in NYS CPLR §8012. Apart from judgments on secured debt which may be collected against the property which secured the debt, regardless of whether it would otherwise be considered "exempt," judgments may not be collected against an individual's personal property listed in NYS CPLR §5205: Personal property exempt from application to the satisfaction of money judgments and NYS CPLR §5206: Real property exempt from application to the satisfaction of money judgments. Judgments may be enforced against a debtor's wages if the disposable earnings (what remains after mandatory deductions, such as Social Security and Medicare) exceed the greater of thirty (30) times the federal minimum wage or the state minimum wage. As New York State has the higher minimum wage, that is the one that would apply. NYS CPLR §5231 sets forth other limitations on garnishments and the procedure the creditor must follow. Provided there is no other creditor(s) already collecting the amount allowed, a judgment creditor is entitled to the lesser of the disposable earnings that is over 30 times the minimum wage; 10% of the gross wages earned; or 25% of the disposable earnings.
Federal Law Fair Debt Collection Practices Act (Federal Trade Commission) Fair Debt Collection Practices Act, CFPB Annual Report 2015 (Consumer Financial Protection Bureau) Time-Barred Debts (Federal Trade Commission) Treasury Offset Program - Exemptions (U.S. Treasury)RIP Medical Debt purchases medical debt and erases it. See also Bankruptcy See also Credit Reports
Dementia Dementia is not a specific disease. It's an overall term that describes a group of symptoms. See also Alzheimer's Disease See also Competency
Dentists & Orthodontists American Dental Assocation (ADA) Give Kids a Smile (American Dental Association) Dental Lifeline: Organization that arranges free dental services. American Association of Orthodontists (AAO) Donated Orthodontic Services (American Association of Orthodontists)
Disability Rights ADA.gov (U.S. Department of Justice, Civil Rights Division) A Guide to Disability Rights Laws (U.S. Department of Justice) NYS Human Rights Law, Executive Law Article 15 (NYS Division of Human Rights) Disability Rights (NYS Attorney General's Office) Policy Statement for Reasonable Accommodation in Programs and Services for Individuals with Disabilities (NYS Department of State) Reasonable Accomodations Notice in housing (SEPP) The New York State Justice Center for the Protection of People with Special Needs (Rose Mary Bailly, Esq., Albany Law School Government Law Center)
Disasters How Federal Disasters Get Declared (FEMA) Plan Ahead for Disasters (Ready.gov, U.S. government website) Disaster & Flood Resource Center (NYS Department of Financial Services)
Discrimination EEOC Publications (U.S. Equal Employment Opportunity Commission) NYS Correction Law §752 prohibits unfair discrimination against persons previously convicted of one or more criminal offenses. Track GBV: Exploring Gender Bias in Judicial Decisions (ICAAD: International Center for Advocates Against Discrimination) NYS Labor Law §201-d: Discrimination against the engagement in certain activities See also Civil Rights
Divorce See Divorce on Index of Court Proceedings Page. Internal Revenue Code §1041(a) - equitable distribution not taxable Divorce Certificates (aka Certificates of Dissolution of Marriage) (NYS Office of Vital Records) EPTL §5-1.4: Revocatory effect of divorce, annulment or declaration of nullity, or dissolution of marriage on disposition, appointment, provision, or nomination regarding a former spouse.
Domestic Violence National Domestic Violence Hotline National Center on Domestic Violence, Trauma & Mental Health Frequently Asked Questions: Types of Violence Against Women and Girls (United Nations Women) The Danger Assessment Domestic Violence and UI Benefits Frequently Asked Questions (NYS Department of Labor) Urban Justice League Domestic Violence Project: This nonprofit helps victims of domestic violence and their children in New York City live free of violence and abuse. Sanctuary for Families (non-profit) National Resource Center on Justice-Involved Women (non-profit) Violence Intervention Program (Opportunities for Otsego) At risk of losing themselves: emotionally abused women and the traumatic bond, by Maureen C. Normand (Smith College, 2013) Women of Intimate Partner Abuse: Traumatic Bonding Phenomenon, by Meghan Koch (Walden University, 2018) Trauma Bonding (AMFM Mental Health Treatment Centers) 7 Stages of Trauma Bonding (Crossroads Centre Antiqua) See also Domestic Violence and Criminal (State Court) - Sentencing, Resentencing on the Court Proceedings Page.
Domestic Workers National Domestic Workers Alliance Hand in Hand, a domestic employers network.
Do Not Call Registry National Do Not Call Registry (Federal Trade Commission) A complaint about telemarketing (robocalls) can be filed with the Federal Communications Commission (FCC) or the New York State Department of State. See also Privacy
Driver's Licenses Who Can Drive in New York State (NYS Department of Motor Vehicles) Getting a Driver's License or Learner's Permit (NYS Department of Motor Vehicles) Order a New York State Driver's Manual (NYS Department of Motor Vehicles) Driver's Manual and Practice Tests Online (NYS Department of Motor Vehicles) Driver License Class Descriptions (NYS Department of Motor Vehicles) A Guide to Suspension & Revocation of Driving Privileges in New York State (NYS Department of Motor Vehicles) See also Rules of the Road.
Easements Easement Law in New York (Laura E. Ayers, Esq.; NYS Association of Professional Land Surveyors) Part II: Easement Law in New York (Laura E. Ayers, Esq.; NYS Association of Professional Land Surveyors) Conservation Easements (NYS Department of Environmental Conservation) The Right of Way Process: If Some or All of Your Property Is Acquired By the State of New York (NYS Department of Transportation) Sample Gas Lease Agreement Rights-of-Way (US Department of the Interior, Bureau of Land Management) Easements for Private Access Across Public (Federal) Lands (USDA)
Eating Disorders National Eating Disorders Helpline Deadly by Design - eating disorders (Center for Countering Digital Hate) Thinstagram (Tech Transparency Project)
Ecocide Destruction of the natural environment by deliberate or negligent human action. The Benefits, Challenges, and Limitations of Criminalizing Ecocide (IPI Global Observatory)
Economics Economic Research (Federal Reserve System) Payment Systems (Federal Reserve System) United for ALICE: Households that are Asset Limited, Income Constrained, Employed
Education Elearn FYI: A free database of over 300 learning sites for online learning. See the Education Page for information on teacher certification, student rights, student loans and other topics.
Elder Welfare See also Guardianship on the Court Proceedings page. Resource Guide for Older New Yorkers (New York State Office of Aging) Eldercare Locator (US Administration on Aging) Alzheimer's Disease and Other Dementias (New York State Department of Health) The Legal Risk Detector: a web-based legal health "check-up" tool, helps social workers, professionals in aging and medical personnel to screen elderly individuals for legal needs and refer them to legal services. By combining high-tech technology with high-touch human support, the Risk Detector enables legal aid programs and community partners to collaborate to spot and address risks to a senior’s well-being. The Risk Detector was developed by Pro Bono Net in partnership with JASA, the Center for Elder Law & Justice and Georgetown University Law Center, and is now in use in five states, including New York State. Elder Justice Resource Guide (NYS Unified Court System) Elder Justice Resource Guide - PDF (NYS Unified Court System) Local Departments of Social Services (NYS Department of Health) Center for Elder Law & Justice (Buffalo) Adult Protective Services (NYS Office of Children and Family Services) Elder Abuse: An FAQ for Attorneys (New York State Bar Association) Elder Abuse by Mark S. Lachs, M.D., M.P.H., and Karl A. Pillemer, Ph.D., N Engl J Med 2015; 373:1947-1956. Project Guardianship (nonprofit helping elder New Yorkers) Analysis of Elder Abuse and Neglect Definitions Under State Law (National Institutes of Health) Eldercare Locator, a government website. AARP Family Caregivers Discussion Group (AARP on Facebook)
Elections (Federal) Indictment of Donald Trump
Elections (NYS)
See also Voting
Locate your representatives: District Map (NYS Board of Elections)
Sample Political Party County Committee Rules and Bylaws
NYS Board of Elections
Site Index (NYS Board of Elections)
Running for Office in Wayne County (2015)
Election Law Update (2018) (NYS Board of Elections)
Party Caucus: Sample Notice of Caucus
Party Caucus: Sample Oath of Office
Notary Advisory 2-23-2023 (NYS Board of Elections)
NYS Small Donor Public Financing Program Explained, 2020 (Brennan Center for Justice)
Judicial Campaign Conduct (New York State Bar Association)
Political Consultant Disclosure Statement (New York Department of State, Division of Licensing Services)
Electronic Signatures Electronic Signatures and Records Act (NYS Office of Information Technology Services)
Emergency Medical Care 42 U.S. Code §1395dd Emergency Medical Treatment & Labor Act (Centers for Medicaid and Medicaid Services) EMS USA Emergency Medical Treatment and Active Labor Act (National Library of Medicine, Naitonal Institutes of Health) EMTALA Fact Sheet (American College of Emergency Physicians)
Emergency Services NYS Homeland Security and Emergency Services
Emergency Services - 911 NYCRR Chapter LX - New York State 911 Board (Cornell Law School Legal Information Institute) Streets and Addresses (NYS GIS Resources)
Eminent Domain (Federal) An Interstate Natural Gas Facility on My Land? What Do I Need to Know? (Federal Energy Regulatory Commission - FERC)
Emotional Support Animals Assistance Animals (U.S. Department of Housing and Urban Development) NYS Emotional Support Animals Video (New York State Division of Human Rights) Emotional Support Animals in Housing FAQs (NYC Commission on Human Rights)
Employment See Jobs for resources on finding jobs. See also Wages
Eligibility for Work Working Papers (NYS Department of Labor) Form I-9: Employment Eligibility Verification (US Citizenship and Immigration Services)
Who is an Employee Employee vs. Independent Contractor under the FLSA (U.S. Department of Labor, Wage and Hour Division) 2010 NYS Labor Dept. Opinion on Live-in Companions
Working Conditions Most state laws do not apply to federal employees even though they work in New York State. Federal laws apply to federal employees, and may apply to other employees in the state. NYS Labor Law §201: Laws and orders to be posted. Directory of Fact Sheets (U.S. Department of Labor, Wage and Hour Division) NYS Labor Law §201-a: Fingerprinting of employees prohibited, except in listed NYS Labor Law §201-d: Discrimination Against the Engagement in Certain Activities Workplace Pregnancy Rights (NYS Division of Human Rights, Department of Labor, and Department of Workers' Compensation) Breastfeeding at Work (US Dept. of Health & Human Services, Office on Women's Health) NYS Labor Law §206-c: Right of Nursing Mothers to Express Milk. Nursing Mothers in the Workplace (NYS Department of Labor) One Day Rest in Seven (NYS Department of Labor) Meal Period Guidelines (NYS Department of Labor) Mandatory Overtime for Nurses (NYS Department of Labor) NYS Labor Law §215: Penalties and Civil Action; Prohibited Retaliation. WorkLife Law (University of California Hastings College of the Law) See also Workplace Safety
Assistance NYS Human Rights Law, Executive Law Article 15 (NYS Division of Human Rights) Labor Law Clinic (Cornell Law School) EEOC Publications (U.S. Equal Employment Opportunity Commission) Fact Sheet: Who is Covered under the Fair Labor Standards Act (FLSA) (U.S. Department of Labor, Wage and Hour Division) The Hatch Act: application and complaints - federal employees (U.S. Office of Special Counsel).
Employment Statistics Labor Statistics (U.S. Department of Labor, Bureau of Labor Statistics) Commonly Used Statistics (Occupational Safety & Health Administration, U.S. Department of Labor)
Energy PowerOutage.US: an organization which collects, records, and aggregates live power outage data from utilities all over the United States, with the goal to create a reliable and complete source of power outage information. New York State Power Authority Regulatory Oversight of New York's Oil and Gas Industry - 2011 (Independent Oil & Gas Association of New York) Residents and Homeowners - Take control of your home's energy (NYSERDA - NYS Energy Research and Development Authority) Energy Conservation (NYS Attorney General's Office) America's Electric Cooperatives (Cooperative.com) America's Electric Cooperatives (National Rural Electric Cooperative Association) NRECA nationwide map of electric cooperatives (Cooperative.com)
Environment Encyclopedia of Life (hosted by the National Museum of Natural History, Smithsonian) U.S. Geological Survey, the sole science agency for the U.S. Department of the Interior. How the U.S. Uses its Land (Bloomberg News) The Land Report (publication targeted to landowners in the United States) Regulations.gov (Federal government website) United Nations Environment Programme International Union for the Conservation of Nature E.O. Wilson Foundation
Clean Air and Water Women and Water (United Nations) The Microbead-Free Waters Act: FAQs (U.S. Food & Drug Administration - FDA) City of Toledo, Ohio's Proposed Lake Erie Bill of Rights New England Interstate Water Pollution Control Commission Clean Indoor Air Act (NYS Department of Health) Don't Trash Our Air (NYS Department of Environmental Conservation) Open Burning in New York (NYS Department of Environmental Conservation) An Assessment of Chemical Leaching, Releases to Air and Temperature at Crumb-Rubber Infilled Synthetic Turf Fields (NYS Department of Environmental Conservation, NYS Department of Health) Nitrate and nitrite in drinking-water. (World Health Organization) Nitrate/Nitrite Fact Sheet (Water Quality Association, a non-profit)
Climate Change/Global Warming: Climate Change (Pace Law School Library) Climate Change Litigation Database (Columbia University)Juliana Complaint filed in U.S. District Court, District of Oregon, in 2015. Denial of Stay (U.S. Supreme Court) Opinion of the 9th Circuit Court of Appeals, 1/17/2020, dismissing case. (9th Circuit Court of Appeals)National Security and the Accelerating Risks of Climate Change (CNA Military Advisory Board, May 2014) Adaptation Gap Report 2021 (United Nations Environment Programme) Greenhouse Gas Reporting Program (Environmental Protection Agency) Carbon Plan, a non-profit that models extreme heat in a changing environment. Intergovernmental Panel on Climate Change (IPCC) Invest in a Healthy Planet. Invest in UN Environment. (UN Environment Programme) Fourth National Climate Assessment Banking on Climate Change. Fossil Fuel Finance Report Card 2019. (Rainforest Action Network) Environmental and Energy Study Institute (EESI) (non-profit organization dedicated to promoting sustainable societies) The Impact of Climate Change on Children (UNICEF) Drawdown EcoChallenge: a fun and social way to take measurable action on the top solutions to global warming. Calculate Your Carbon Footprint (U.S. Environmental Protection Agency) Calculate Your Carbon Footprint (The Nature Conservancy) Modeling Extreme Heat ((carbon)plan non-profit organization) Transition Catskills: a group in the Catskills region who have come together to explore how they can make their communities more resilient in the face of resource depletion, climate change, and economic instability.
Composting Urban Composting in the U.S. (tableau public) Make Soil, a non-profit that matches people with food scraps to composting sites.
Electronic Waste Global E-waste Monitor 2017 (International Telecommunication Union) Electronics Donation and Recycling (United States Environmental Protection Agency) GreenDisk
Enforcement (State) Enforcing Environmental Laws (NYS Department of Environmental Conservation) Report an Environmental Problem (NYS Department of Environmental Conservation) Remediation: Declaration of Covenants and Restrictions (NYS Department of Environmental Conservation)
Environmental Assistance Programs NYCRR Title 9, Subtitle I, Chapter IV, Subchapter A: Clean Water/Clean Air Bond Act of 1996 NYCRR Title 9, Subtitle I, Chapter IV, Subchapter B: Environmental Quality Bond Act of 1986 NYCRR Title 9, Subtitle I, Chapter IV, Subchapter C: Environmental Protection Act
Garbage Waste Management in NYS (NYS Department of Environmental Conservation)
Green Living Safer Choice, search products that meet the standard (Environmental Protection Agency) Green Living (NYS Department of Environmental Conservation) Building Green Without Going in the Red (Citizens' Environmental Coalition) Greener Gadgets (Consumer Technology Association) Electrify Everything in Your Home (Rewiring America, a non-profit) Green Burial Council (non-profit) See also Solar Energy See also Wind Energy
Invasive Species 6 NYCRR Part 575 New York Invasive Species Information Clearinghouse (Cornell University Cooperative Extension) Prohibited and Regulated Invasive Species List with Questions & Answers (NYS Department of Environmental Conservation) Prohibited and Regulated Invasive Plants with Photographs of Plants (NYS Department of Environmental Conservation) Guide to Water Gardening in New York (NYS Department of Environmental Conservation) NYS Agriculture and Markets Law §164: Control and eradication of injurious insects, noxious weeds,and plant diseases. See also §165: Damages for property destroyed; §167: Access to premises, quarantines, rules and regulations. National Invasive Species Information Center (USDA)
Lead Poisoning Value of Lead Prevention - Preventing Childhood Lead Exposure: Costs and Benefits As You Sow, table of lead and cadmium levels in chocolate brands.
Oil Spills NYS laws pertaining to Oil Spill Prevention, Control, and Compensation are found in Navigation Law Article 12. Underground Heating Oil Tanks: A Homeowner's Guide (NYS Department of Environmental Conservation) The Oil Spill Law (NYS Attorney General's Office) Oil Spills at Homes and Businesses (NYS Attorney General's Office) Spill Response & Remediation FAQs (NYS Department of Environmental Conservation) What Homeowners Need to Know about Fuel Oil Spills and Flooding (NYS Department of Health) Petroleum-Contaminated Soil Guidance Policy (NYS Department of Environmental Conservation) Environmental Health and Safety Concerns; Oil Spills (NYS Homeland Security and Emergency Services) Leaking Underground Storage Tanks Corrective Action Resources (U.S. Environmental Protection Agency) Oil Spill Relocation Information for Responsible Parties (NYS Department of Health) Oil Spill Fund (NYS Comptroller's Office) Oil Spill Fund: File a Claim (NYS Comptroller's Office)
Overpopulation World Population Clock (Worldometer) Mathematics of Growth and Human Population (UCLA)
Ozone Layer The Montreal Protocol on Substances that Deplete the Ozone Layer (U.S. Department of State) The Montreal Protocol on Substances that Deplete the Ozone Layer (U.S. Environmental Protection Agency)
Plastics Fossil Fuels and Plastic (Center for International Environmental Law) Lifecycle Impacts of Plastic (Center for International Environmental Law) Plastic Global Law and Policy (Center for International Environmental Law) How Much Oil is Used to Make Plastic? (U.S. Energy Information Adiministration) Sample bill language to ban plastics (Beyond Plastics, a non-profit) Bag Waste Reduction Law (NYS Department of Environmental Conservation)
Recycling and Reuse Textile Refuse & Recycling (NYS Department of Environmental Conservation) IFIXIT: Repair Guides for Everything, Written by Everyone NYSAR - New York State Association for Reduction, Reuse & Recycling Re-Clothe NY (NYSAR) SMART, Secondary Materials and Recycled Textiles Council for Textile Recycling Helpsy Plastic Film Recycling (industry supported non-profit) Earth 911, search for a recycling solution. call2recycle, locate a recycling location. RecycleNation Buy Nothing, a platform for giving away items. Give Back Box, a non-profit that facilitates the donation of particular items to charities.
State Environmental Quality Review (SEQR) The State Environmental Quality Review Act is found in Article 8 of the Environmental Conservation Law and Part 617 NYCRR. Enacted in the early 1970s. Mirrors the National Environmental Policy Act (NEPA) at the federal level. Its purpose is to incorporate the consideration of environmental factors into a state, county or local municipality agency's decision making process at the earliest possible time. SEQR Handbook (NYS Department of Environmental Conservation) New York Environmental Legal Research Guide: State Environmental Quality Review Act (SEQRA) (Pace Law School Library) State Environmental Quality Review Act (SEQR) Forms (NYS Department of Environmental Conservation) Scoping Checklist Environmental Assessment Form (EAF) Workbooks (NYS Department of Environmental Conservation) Assessing and Mitigating Noise Impacts (NYS Department of Environmental Conservation) See also Zoning
Superfund The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), known as the federal Superfund program, is administered by the U.S. Environmental Protection Agency (EPA) and designed to investigate and clean up sites contaminated with hazardous substances. Almost every state has laws parallel to CERCLA. 42 U.S. Code Chapter 103 Superfund (Environmental Protection Agency) CERCLA/Superfund (USDA Agricultural Research Service) CERCLA Process (US Army Corps. of Engineers) Damage Assessment, Remediation, and Restoration Program (DARRP)
Wildfires Wildfire Risk to Communities (USDA, US Forest Service) Property-level wild fire risk information (First Street Foundation)
Wildlife Threatened and Endangered Animals and Plants (U.S. Fish & Wildlife Service) Wildlife Rehabilitator License (New York State Department of Environmental Conservation) ICARUS: International Cooperation for Animal Research Using SpaceEcooptimism (website discussing environmental concerns) Nationwide Tree Equity Scores (American Forests) See also Nuisances
Estates Publication 603: Estate Tax Waivers (NYS Department of Taxation & Finance) Go to Surrogate's Court Page.
Evictions See Landlord/Tenant on the Court Proceedings Page for information on eviction proceedings. See NYS Real Property Actions & Proceedings Law §768: Unlawful Eviction, a law every landlord and tenant should know. Landlords are not permitted to resort to "self-help evictions." See also Landlord/Tenant, below.
Excavation and Grading of Land Excavations; Topsoil Removal Ordinance (Town of Huntington) Grading of Land Ordinance (Town of Huntington)
Fake News Fake news is false information that is broadcast or published as news for fraudulent or politically motivated purposes. Don't be manipulated. Check the facts: FactCheck.org, a project of the Annenberg Public Policy Center
False Claims NYS False Claims Act (NYS Attorney General's Office)
Family Law Domestic Relations Law, Family Court Act, Uniform Rules for the Family Court, Social Services Law. See Court Proceedings Page.
Family Matters Designation of Person in Parental Relationship Legal Basics for LGBTQ Parents by David Dodge, The New York Times, July 2, 2019. Specific offenses relating to children, disabled persons and vulnerable elderly persons are found in Articles 260 and 263 of the NYS Penal Code. Association of Family and Conciliation Courts (AFCC)
Family and Medical Leave Rights Family Medical and Leave Act (FMLA) Overview (federal law) Paid Family Leave (NYS Workers' Compensation Board) NYS Labor Law §201-c: Discrimination in Child-Care Leave Prohibited
Farming NYS Agriculture & Markets Law Farming (NYS Department of Agriculture & Markets) Agricultural Districts (NYS Department of Agriculture & Markets) Center for Agricultural Development & Entrepreneurship (CADE, a non-profit) Sound Agricultural Practices (NYS Department of Agriculture & Markets) Comparison of Distillery and Farm Distillery Licenses (NYS Liquor Authority, Empire State Development) Farmers Market Nutrition Program (part of SNAP) (USDA) Guidelines for Review of Local Laws Affecting Junk, Litter and Junkyards (NYS Department of Agriculture & Markets) Farm Labor Housing Direct Loans and Grants (United States Department of Agriculture Rural Development): provides affordable financing to develop housing for year-round and migrant or seasonal domestic farm laborers. Farmworker Legal Assistance (Cornell Law School) Minimum Wage for Farm Workers (NYS Department of Labor) NYS Labor Law §212: Drinking Water for Farm Laborers NYS Labor Law §212-d: Field Sanitation for Farm Hand Workers, Farm Field Workers and Farm Food Processing Workers. Regulation Relating to the Granting of Farm Labor Contractor Certificates of Registration, Migrant Labor Registration Certificates and Farm Labor Camp Commissary Permit (NYS Department of Labor) Institute of Afrofuturist Ecology Too Much Farm Debt? A Primer in Chapter 12 Bankruptcy - October 2019 (Albany Law School Government Law Center, Rural Law Initiatives) Sustaining NY's Farms: Legal Solutions for Farm Business Futures - October 2018 (Albany Law School Government Law Center, Rural Law Initiatives)
Federal Budget The History of U.S. Public Debt (U.S. Treasury)
Fees End Justice Fees (non-profit coalition) See also Bail
Fetal Alcohol Spectrum Disorder
What is FASD (proofalliance.org)
Understanding the Occurrence of Secondary Disabilities in Clients with Fetal Alcohol Syndrom (FAS) and Fetal Alcohol Effects (FAE) (U.S. Centers for Disease Control)
Fetal Alcohol Spectrum Disorders Listening Session Report (U.S. Department of Justice Office of Juvenile Justice and Delinquency Prevention)
The FASD Respect Act (FASD United Policy and Training Center)
FASD and the Criminal Justice System (proofalliance.org)
FASD and the Criminal Justice System (Canadian FASD Research Organization)
Victimization in People with FASD (Canadian FASD Research Organization)
Ferguson v. City of Charleston (U.S. Supreme Court 2001)
Floyd v. Filson (9th Cir. 2019)
Brief of NOFAs in Support of Petitioner
Williams v. Stirling (4th Cir. 2019)
Anderson v. Kelley (8th Cir.2019)
Atkins v. Virginia (VA Supreme Court 2002)
Is Prevention an Ethical Obligation (NYS Unified Court System Office for Justice Initiatives)
Finances See also Bankruptcy See also Credit and Credit Cards The Penny Hoarder: Founded in 2010, The Penny Hoarder is a personal finance website. Its purpose is to help people take control of their personal finances and make smart money decisions by sharing actionable articles and resources on how to earn, save and manage money. Consumers and Communities (Federal Reserve System) Financial Accounts of the United States Third Quarter 2019 (Federal Reserve System) Payment Systems (Federal Reserve System)
Fire See also Open Burning National Interagency Fire Center: coordination and cooperation in wildland fire management. Fire Danger Map (NYS Department of Environmental Conservation) Smokey Bear
Fire Protection Fire Protection in New York State (Village of New Paltz, 2007) See 2010 changes to consolidation and dissolution laws Fire Protection in New York State: How Is It Provided in Your Community? (Office of NYS Comptroller, 2015) Association of Fire Districts of the State of New York Myth of the Free Fire Service (NYS Professional Firefighters Association) "How to" Consolidate Fire Protection in Fire Districts, Fire Protection Districts, and Villages (Office of NYS Comptroller) Fire District Auditing, Accounting, Training, Length of Service Award Programs (Office of NYS Comptroller) Organizing for Fire Protection Office of Fire Preventtion and Control, a division of the NYS Department of Homeland Security and Emergency Services Sample mutual aid plans: Erie County, Ulster County Sky Lanterns Safety Alert (NYS Office of Fire Protection and Control)
Firearms See also Guns Frequently Asked Questions Regarding Recent Changes to New York State Firearms Laws (New York State Police, August 2022) Non-New York State convictions that may prohibit firearms possession or obtaining firearm permits (NYS Division of Criminal Justice Services)
Fireworks The sale and use of fireworks known as "sparking devices" are allowed by New York State law in cities and counties were a law has not been enacted against them. Counties that prohibit the sale and use and of sparkling devices are Bronx, Columbia, Kings, Nassau, New York, Queens, Richmond, Schenectady, Suffolk and Westchester. Sparkling devices are defined as ground-based or handheld and produce a shower of colored sparks and flames, audible crackling or whistling and smoke. The law limits the size, type and construction. NYCRR Title 9, Subtitle F, Chapter III, Part 225: Sparkling Devices Sparkling Devices Information (NYS Homeland Security and Emergency Services) Fireworks (U.S. Consumer Product Safety Commission) Fireworks (National Fire Protection Association) Fireworks and Your Pets: Tips for Staying Safe (ASPCA: American Society for the Prevention of Cruelty to Animals) Fireworks: Awesome for Humans, Terrifying for Animals (The Humane Society of the United States) Fireworks and Birds (The Audubon Society) NYS Penal Law §270.00: Unlawfully dealing with fireworks and dangerous fireworks NYS Penal Law §405.00: Permits for public displays of fireworks NYS Penal Law §405.10: Permits for indoor pyrotechnics
Firefighters and Fire Departments NYCRR Title 9, Subtitle F, Chapter 111, Part 205: Fire Mobilization and Mutual Aid Plan NYCRR Title 9, Subtitle F, Chapter 111, Part 210: Volunteer Firefighter Enhanced Cancer Disabiity Benefits Program
Fish and Fishing Fish and Wildlife Special Licenses and Permits (New York State Department of Environmental Conservation) Posting Information for Landowners, Boaters, Fishermen and Hunters (New York State Department of Environmental Conservation)
Flags See also Constitution (United States) - First Amendment Flag Etiquette (Veterans of Foreign Wars) NY State Law §70: Description of the arms of the state and the state flag. Prohibition against display of symbols of hate, including the Confederate Flag, at the NYS Fair: NYS Public Buildings Law §146, NYS Agriculture & Markets Law §16(51)
Food List of Bioengineered Foods (USDA Agricultural Marketing Service) Chocolate and child slavery Edible Cities Network
Food Establishments Food Service Establishments: Last Inspections (Health Data NY government) Food Establishment Inspections (NYC Department of Health)
Food Stamps --- See Supplemental Nutrition Assistance Program (SNAP)
Force Majeure Unforeseeable circumstances that prevent someone from fulfilling a contract.
Foreclosures Foreclosure Prevention (NYS Division of Homes & Community Renewal) See Mortgage Foreclosures and Property Tax Foreclosures in the Court Proceedings Index.
Foster Care Think of Us (nonprofit organization) Away Frome Home: Youth Experiences of Institutional Placements in Foster Care (Think of Us)
Fraud See also Identity Theft & Fraud Avoiding Door-to-Door Sales Fraud (NYS Department of State, Division of Consumer Protection)
Freedom of Information Law ("FOIL")/Freedom of Information Act ("FOIA") - your right to know how your government operates.
Federal government How to Make a FOIA Request (US Food & Drug Administration)
State government State law - It provides rights of access to records reflective of governmental decisions and policies that affect the lives of every New Yorker. Most government records are available for public inspection and copying. It is questionable whether that includes personal email on government servers. Mandatory Exemptions (these must bewithhold from a FOIL request): Records that are confidential under federal or state law. Discretionary Exemptions (may be withheld): Unwarranted invasion of personal privacy; Collective bargaining and contract negotiations; Trade secrets (submitted by applicant); Internal communications and agency communications, except: (a) factual data, (b) staff instructions that affect the public, (c) final policy determinations, and (d) outside audits. FOIL cases Sample Freedom of Information Request Open Book New York (Office of NYS Comptroller): Data on local government spending, state contracts, state spending, state payments, and public authorities.
Freelance Work New York City Law: Freelance Isn't Free Act
Fundraising Food Safety at Public Events (NYS Dept. of Health) Municipal Fundraising and Gifting (Tug Hill Commission)
Funerals List of laws and regulations applicable to funeral directing (NYS Department of Health) Frequently Asked Questions for Consumers, Potential Funeral Directors, Registered Residents, Funeral Directors and Firms (NYS Department of Health) Before Prepaying Your Funeral, Know Your Rights (NYS Department of Health) A Consumer's Guide to Arranging a Funeral (NYS Department of Health) Appointment of Agent to Control Disposition of Remains Form (NYS Department of Health) Nombramiento de representante para controlar disposición de los restos (NYS Department of Health) COVID-19 Funeral Assistance (FEMA) National Funeral Directors Association
Games - Electronic Entertainment Software Ratings Board: Search Game Ratings
Games of Chance Bingo, Raffles, when not illegal: General Municipal Law §§ 190-a, 195-k
Garage Sales To be exempt from collecting sales tax, the occupant must have three or fewer garage sales per year. Additional restrictions can be found in NYS Tax Law §1115(a)(18) Bill of Sale - depending on what is being sold and whether requires notarization.
Garbage Waste Management (New York State Department of Environmental Conservation) Recycling and Composting/a> (New York State Department of Environmental Conservation) Composting at Home (United States Environmental Protection Agency) Garbage and Recycling in NYC Controlling Junk (NYS Department of State) Guidelines for Review of Local Laws Affecting Junk, Litter and Junkyards (NYS Department of Agriculture & Markets) Waste Transporters (NYS Department of Environmental Conservation)
Garnishment U.S. Treasury Chart of Exemptions - Payments Exempt from Offset for non-tax debt by Disbursing Officials Servicemembers Civil Relief Act (SCRA) Website: SCRA is a program that provides certain protections in lending for servicemembers who are called to Active Duty. Defense Finance and Accounting Services: for garnishment of military pay or retirement benefits.
Gems Gemological Institute of America
Genealogy Resources for Genealogists (National Archives) Genealogy Research Using New York State Library Resources: FAQs New York State Wills (NYS Library) Genealogy Records & Resources (NYS Department of Health) New York Genealogical and Biographical Society Genealogy ... Made Simple (Delaware County Clerk's Office) Military Records Alex Haley Museum - Finding Your Roots Last Seen: Finding Family After Slavery (Information Wanted Organization) Afro-Louisiana History and Genealogy 1719-1820 (ibiblio.org) NESRI: Northeast Slavery Records Index (CUNY Academic Commons) Family Search (Church of Jesus Christ of Latter-Day Saints) U.S. Donor Conceived Council Donor Sibling Registry
Golf Golf Dispute Resolution: A blog tracking the intersection of golf and law.
Good Samaritan New York’s “Good Samaritan” law is codified at N.Y. Public Health Law § 3000-a. It shields people, who voluntarily render emergency medical assistance outside the setting of a hospital or doctor's office to someone who is unconscious, ill, or injured, from liability except in cases of “gross negligence." Whereas the typical health care provider is subject to an ordinary “negligence” standard, the legislature has cloaked volunteers with a higher degree of protection to incentivize such individuals to act without hesitation when confronted with an emergency situation. New York State's 911 Good Samaritan Law Fact Sheet for reporting drug overdoses (NYS Department of Health) This law does not require a stranger to come to the aid of another. Whether there should be a "Bad Samaritan" law is a question of our basic human responsibilities to each other.
Government See links to Federal and New York State government departments, agencies and offices in side panel of this webpage. LegiScan, a legislative tracking service of federal bills. New York State Document Depository System at the New York State Library See Local Government, New York City, and State Government sections in this index. Local Departments of Social Services (NYS Department of Health)
Government Benefits See also Medicaid See also Medicaid See also Public Assistance See also Student Loans Benefits.gov (formerly GovBenefits.gov) (U.S. Government website) Benefit Finder (Benefits.gov)
Grand Jury The laws on the creation, composition, and operation of the Grand Jury in New York State are found in Criminal Procedure Law Article 190, §§190.05 - 190.90.
Grandparents Visitation rights, Domestic Relations Law §§72, 240
Green Cards Permanent Resident Card a/k/a Green Card (U.S. Citizenship & Immigration Services)
Guardianship Guardian & Fiduciary Services (NYS Unified Court System) Guardianship for Adults with Developmental Disabilities in New York (Rose Mary Bailly, Esq., Albany Law School Government Law Center) "Act Now" Healthcare Proxies (Paul Kietzman, Esq., Albany Law School Government Law Center) Good Guardianship and Autonomy Preservation Coalition (G-GAP) (Project Guardianship) Extensive resources at website of Project Guardianship on Disability; Legal Services and Support; Elder Abuse and Financial Exploitation; Supported Decision-Making and Guardianship Alternatives; Older Adults, Aging and Ageism; Race Equity and Inclusion; Dementia and Alzheimer's Disease; Managing Finances, Home and Property; Public Benefits and Government Assistance; End-of-Life Care and Medical Decision-Making; Immigrants and Immigration; LGBTQ Elders; Mental Health (including Hoarding Disorder); Housing Supports and Options; Elder Care, Caregiver and Estate Planning; and Compassionate Release and Medical Parole. Developing a Framework for a Statewide Guardianship System in New York (NY Health Foundation - Project Guardianship) See also Elder Welfare. See also Guardianship on the Index to Court Proceedings page.
Guns See also Constitution (United States), Second Amendment - The Right to Bear Arms See also Firearms Gun Violence in America (National Institute of Justice) Gun Timeline (PBS - Public Broadcasting System, History Detectives) U.S. Gun Policy: Global Comparisons (Council on Foreign Relations) Countries with Gun Control (World Population Review)
Harassment See Sexual Harassment
Hate NYS Education Law §1527-a: Prohibit Symbols of Hate NYS General Municipal Law §99-x: Prohibit Symbols of Hate NYS General Municipal Law §209-gg: Symbols of Hate Hate Symbols Database (Anti-Defamation League). Responding to Hate. (Anti-Defamation League) The Confederate Flag (Fair for All)
Hate Crimes Community Relations Services, U.S. Department of Justice: the Department's "Peacemaker" for community conflicts and tensions arising from differences of race, color, national origin, gender, gender identity, sexual orientation, religion and disability. CRS is not an investigatory or prosecutorial agency, and it does not have any law enforcement authority. Responding to Hate Crimes: A Police Officer's Guide to Investigation and Prevention (International Association of Chiefs of Police) 2016 Hate Crimes Binder (International Association of Chiefs of Police) NYS Anti-Hate Crime Resource Guide Hate Crime Help (American Bar Association) Hate Crime Resources for Asian Americans (NAPABA - National Asian Pacific American Bar Association) NCTE Hate Crimes Manual: A Community Resource Guide (National Center for Transgender Equality)
Health National Institutes of Health (U.S. Department of Health & Human Services) Centers for Disease Control and Prevention National Rural Health Association, a national non-profit focused on rural health issues PubMed: Comprises more than 29 million citations for biomedical literature from MEDLINE, life science journals, and online books. Citations may include links to full-text content from PubMed Central and publisher web sites. (U.S. National Libary of Medicine, National Institutes of Health) Health Topics A to Z (NYS Department of Health) Mobile Apps (NYC Department of Health) Heat Index Calculator (National Weather Service) Health Rules, Regulations & Law (NYS Department of Health) New York Legal Assistance Group (nonprofit complementing health care with legal care) Advance Directives: Making Your Wishes Known and Honored (NYS Attorney General's Office) Nonhospital DNR Order Frequently Asked Questions re: DNRs, for professionals Health Care Proxy Health Insurance Portability and Accountability Act ("HIPAA") Form to grant release of one's medical information to another. Consider executing one to supplement a Health Care Proxy. Individuals' Rights under HIPAA to Access their Health Information (U.S. Department of Health & Human Services) HIPAA does not provide a private cause of action, so it is not possible to sue under HIPAA when one's privacy has been violated. Access to Patient Information (NYS Department of Health) Living Will Medical Orders for Life Sustaining Treatment (MOLST) (publication of NYS Department of Health) Medicaid Eligibility Palliative Care Booklet (Finger Lakes Geriatric Education Center at the University of Rochester) Medicaid - Treatment of Irrevocable Pre-Need Funeral Agreements Funeral Agreement Fact Sheet (NY Legal Assistance Group)
Health Care Proxy Health Care Proxy form (NYS Department of Health) For a discussion of HCPs, go to the Life Planning page.
Healthcare - Minors Minors' Rights to Confidential Health Care in New York (2020) (New York Civil Liberties Union) Minors and Mental Health Care (New York Civil Liberties Union) Reproductive Health and Services for Youth in Foster Care (NYS Office of Children & Family Services)
Highways See also Roads Accomodation of Utilities Within State Highway Right-of-Way Guidance on Utilization of Highway Right-of-Way (U.S. Department of Transportation, Federal Highway Administration) Local Highway Inventory Manual 2018 (NYS Dept. of Transportation) Keeping an up-to-date inventory of local roads: The Local Highway Inventory, 2019 (NYS Dept. of Transportation) Consolidated Local Street and Highway Improvement Program CHIPS (NYS Department of Transportation) Highway Boundary and Property Line Determination (NYS Dept. of Transportation) Instructions and Form for small claim regarding property damage less than $5000 (NYS Department of Transportation).
Historians NYS Arts & Cultural Affairs Law §57.07 requires cities, towns, and villages to have a historian. NYS Arts & Cultural Affairs Law §57.09 sets forth the historian's duties. NYS County Law §400 requires counties to have a historian. NYS Assembly and Senate Historians are optional, Legislative Law §§7-F and 7-G. Duties and Functions of New York State's Local Government Historians (NYS Museum Office of State History) Association of Public Historians of New York State
Historic Preservation NYS Building Code Chapter 12: Historic Buildings NYCRR Title 9, Subtitle I, Chapter III: Historic Preservation Model Law for Historic Preservation by Local Governments (NYS Parks & Recreation)
Historical Societies NYS Education Law §216: Charters Charter a Museum or Historical Society (NYS Museum) Chartering (NYS Museum) NYS Not-for-Profit Corporation Law §1408: Historical Societies Statement on the Governance of a Trustee or Board Member (NYS Board of Regents, Education Department) Minimum Standards and Best Practices (NYS Museum & NYS Education Department) IRS Form 1023 and 1023-EZ: Application for Recognition under §501(c)(3) of the IRC Instructions to Form 1023 - See Appendix A for Sample Conflict of Interest Policy NYS Education Law §258-a: Purchases by historical societies. NYS Estates, Powers & Trusts Law §8-1.4: Supervision of trustees for charitable purposes. NYS Executive Law §172-A: Certain person exempted. Historical societies do not need to register solicitations with attorney general. New York State Historical Society See also Charities See also State Historic Preservation Act
History Slave Wrecks Project (Smithsonian)
Home Energy Assistance Program (HEAP) HEAP (NYS Office of Temporary and Disabiity Assistance): HEAP can help eligible New Yorkers heat and cool their homes. If you are eligible, you may receive one regular HEAP benefit per program year and could also be eligible for emergency HEAP benefits if you are in danger of running out of fuel or having your utility service shut off.
Home Repairs and Improvements Do Your Homework Before Hiring a Home Improvement Contractor (NYS Attorney General's Office) Energy Conservation (NYS Attorney General's Office) Weagtherization Providers (NYS Division of Homes & Community Renewal) Publication 862: Sales and Use Tax Classifications of Capital Improvements and Repairs to Real Property (NYS Department of Taxation & Finance)
Contracts NYS General Obligations Law §5-322.1: Agreements exempting owners and contractors from liability for negligence are void and unenforceable. Sample Contract Workers' Compensation for Contractors Affidavit of Exemption to Show Specific Proof of Workers' Compensation Insurance Coverage for a 1, 2, 3 or 4 Family, Owner-Occupied Residence Assistance Home Repairs: New York (U.S. Housing & Urban Development) Single Family Housing Repair Loans and Grants (United States Department of Agriculture Rural Development): Also known as the Section 504 Home Repair program, this provides loans to very-low-income homeowners to repair, improve or modernize their homes or grants to elderly very-low-income homeowners to remove health and safety hazards. Energy Efficient Mortage Program (EEM) (Federal Housing Administration): helps homebuyers or homeowners save money on utility bills by enabling them to finance the cost of improvements that will make their home more energy efficient, including solar energy systems. The program can be used with a new or existing home, as part of a borrower's home purchase or mortgage refinance transaction. FHA Forward Streamlined 203(k) Limited Repair Program (U.S. Housing & Urban Development): permits homebuyers and homeowners to finance up to $35,000 into their mortgage to repair, improve, or upgrade their home. Homebuyers and homeowners can quickly and easily tap into cash to pay for property repairs or improvements, such as those identified by a home inspector or an FHA appraiser. Homeowners can make property repairs, improvements, or prepare their home for sale. Homebuyers can make their new home move-in ready by remodeling the kitchen, painting the interior or purchasing new carpet. Sample notice of availability of grants National Residential Improvement Association
Home Owners' Associations See NYS Cooperative Corporations Laws Lien for Common Charges
Homelessness Homelessness Statistics (National Alliance to End Homelessness)
Hospitals Hospital Ethics Committees (Cassandra Rivais DiNova, Esq., Albany Law School Government Law Center)
Housing See also Manufactured Housing See also Landlord/Tenant See also Home Repairs and Improvements Office of Housing, Housing & Urban Development (HUD) Fair Housing Rights (HUD) Family Self-Sufficiency (FSS) Program (HUD) Purchasing a Co-op or Condo: The Physical Aspects (NYS Attorney General's Office) Restoring Neighborhoods: New York State’s 2016 Zombie Property and Foreclosure Prevention Act (Empire Justice Center) File a Complaint about the maintenance status of a vacant and abandoned home in foreclosure (New York State Department of Financial Services)Immigrant Tenant Rights (NYS Attorney General's Office) NYS Housing and Community Renewal: (DHCR) is responsible for the supervision, maintenance and development of affordable low- and moderate-income housing in New York State Access to Home for Heroes/Veterans (NYS Housing and Community Renewal) Operation Homefront, non-profit helping veterans with housing. Homes for Our Troops, a non-profit. Affordable Housing Directories (NY Connects) HUD Housing Assistance instructions (City of Oneonta) Senior Housing Regulations Two Model Laws (NYS Department of State) National Multifamily Housing Council Habitat for Humanity NYS Habitat for Humanity NYC Intentional Communities (Fellowship for Intentional Community)
Human Rights (International) The boundary between civil and human rights is not clear. Some rights can be considered to be both human rights and civil rights, but the concept of human rights is generally broader, covering more types of rights than are included in civil rights. Civil rights are legal and political rights. Universal Declaration of Human Rights (United Nations) Project Diana: Human Rights Cases (The Avalon Project, Yale University) Genocide Survivors Foundation American Bar Association Center for Human Rights: promotes and protects human rights worldwide --mobilizing lawyers to help threatened advocates; rallying thought leaders on vital issues; and holding abusive governments accountable. Justice Defenders Program of the American Bar Association: Defends human rights advocates from harassment. Lawyers Without Borders: a not-for-profit corporation whose mission is to promote rule of law around the world by leveraging and promoting pro bono service to meet the needs of the underserved, build capacity in justice sectors and support transitions and development aimed at protecting human rights, all with a neutral orientation. World Justice Project World Organisation Against Torture: A coalition of non-governmental organizations fighting against arbitrary detention, torture, summary and extrajudicial executions, forced disappearances and other forms of violence. Safe Climate: Human Rights and the Environment (U.N. Human Rights Special Procedures) Amnesty International: A non-governmental organization focused on human rights. International Lesbian, Gay, Bisexual and Trans and Intersex Association: A world federation of national and local organisations dedicated to achieving equal rights for lesbian, gay, bisexual, trans and intersex (LGBTI) people across the globe. American Friends Service Committee
Human Rights (State) See also Sexual Harassment NYS Executive Law Article 15 - Human Rights Law NYS Human Rights Law (NYS Division of Human Rights) NYCRR Title 9, Subtitle J: Division of Human Rights Note that a person can sue or bring a complaint to the NYS Human Rights Division, but not both. If you sue, you can't then file a complaint. The Human Rights Division investigates and sues. A lawsuit against a department or agency of New York State is filed in the NYS Court of Claims. Note that a revision to the Human Rights Law in 2019 expanded it to apply to all employers, including household. Urban Justice Center Human Rights Project: This nonprofit works at both the local and national levels to equip advocates with information and tools to promote domestic compliance with univerally accepted human rights standards.
Human Trafficking 18 USC §1591: Sex trafficking of children or by force, fraud, or coercion 18 USC §2422: Coercion and Enticement NYS Penal Law §135.35: Labor Trafficking NYS Penal Law §135.36: Labor Trafficking; accomplice NYS Penal Law §135.37: Aggravated Labor Trafficking NYS Penal Law §230.34: Sex Trafficking NYS Penal Law §230.34-A: Sex Trafficking of a Child NYS Penal Law §230.36: Sex Trafficking; accomplice NYS Penal Law §230.40: Permitting ProstitutionNYS Social Services Law §447-A: Definitions NYS Social Services Law §447-B: Services for Exploited Children NYS Criminal Procedure Law §1440.10: Motion to Vacate Judgment (Vacatur) Human Trafficking (NYS Office of Temporary and Disability Assistance) Lawyers Manual on Human Trafficking (NYS Supreme Court Appellate Division First Department; NYS Judicial Committee on Women in the Courts) Coalition Against Trafficking in Women What the Sex Trade Means for Black Women: A Legacy to Confront (Coalition Against Trafficking in Women)
Hunting Hunting Licenses (New York State Department of Environmental Conservation) Non Ambulatory Hunter Permit (New York State Department of Environmental Conservation) Places to Hunt in New York State (New York State Department of Environmental Conservation) Hunting Regulations (New York State Department of Environmental Conservation) Posting Information for Landowners, Boaters, Fishermen and Hunters (New York State Department of Environmental Conservation)
Identify Theft & Fraud Identity Theft - the act of illegally obtaining personal information. Identity Fraud - the act of using that information to commit crimes The Identity Theft and Assumption Deterrence Act of 1998: Identity Theft is a federal crime that occurs when the criminal steals the personal information with the intent of using it to assume the victim's identity, commit fraud, and/or access the victim's benefits. Federal Trade Commission IdentityTheft.gov This site is the federal government’s one-stop resource for identity theft victims. The site provides streamlined checklists and sample letters to guide you through the recovery process. Prevention tips and free resources (Federal Trade Commission) How to Recognize and Avoid Phishing Scams (Federal Trade Commission) Phishing Information (NYS Attorney General's Office) File a complaint - informatino privacy (NYS Attorney General's Office)
Ignorance Ignorance is a factor in the field of law in several ways. It begins with the foundation that "ignorance of the law" is no excuse for breaking the law. It is a factor when persons are held liable for their deliberate or willful ignorance of matters they had an obligation to know. And it is also a factor when people have a right not to know or be made aware of something. We Need to Save Ignorance from AI by Christina Leuker & Wouter Van Den Bos (Nautilus, June 14, 2018)
Immigration We are a "nation of immigrants." Immigration TRAC (Syracuse University)
Immigration Laws and Agencies in the United States Almost all statutes are enacted by Congress. Main statute is the Immigration and Nationality Act (INA), Title 8 of the United States Code. See also Title 20 (Laobr Department) and Title 22 (State Department) of the United States Code. U.S. Department of Homeland Security U.S. Immigration and Customs Enforcement U.S. Customs and Border Protection U.S. Citizenship & Immigration Services: statutes and regulations; forms; procedures and instructions; contact information; and processing times. U.S. Department of State: links to embassies and consulates worldwide; applicaiton procedures and consulate closings; warning messages and travel advisories; pubic announcements; and derivative citizenship and renunciation. U.S. Department of Labor Employment & Training Commission: online wage library; LCA online application; prevailing wage information; occupational outlook handbook; and OES and SCA occupational directories. U.S. National Archives & Records Administration (NARA): Federal Register, for newly-promulgated regulations; Code of Federal Regulations; public laws; presidential documents; and research tools and information. U.S. Department of Justice, Executive Office for Immigration Review: BIA precedent decisions; BIA practice manual; local operating procedures for immigration courts nationwide; Office of the Chief Administrative Hearing Officer decisions; and EIOR virtual law library. FindLaw: research tools for federal case law; federal statutes and regulations.
Overview of Immigration Issues Immigration Myths & Facts (U.S. Chamber of Commerce, 2016) American Immigration Council: Established in 1987, works to strengthen America by honoring our immigrant history and shaping how America thinks about and acts towards immigrants and immigration. American Immigration Lawyers Association: The national association of immigration lawyers, established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members. Immigration Research Initiative (non-profit) ILW.com: an immigration law publisher. Close to Slavery: Guestworker Programs in the United States (Southern Poverty Law Center)
Immigration Statuses (U.S. Citizenship & Immigration Services) Abused Spouses, Children and Parents Deferred Action for Childhood Arrivals (DACA) Deferred Enforcement Department Female Genital Mutilation or Cutting (FGM/C) Forced Marriage Green Card Humanitarian Parole Employment Resources for Parolees in the United States Information for Afghan Nationals Processes for Cubans, Haitians, Nicaraguans, and Venezuelans Refugees and Asylum Statelessness Temporary Protected Status Uniting for Ukraine Victims of Human Trafficking and Other Crimes
For the Immigrant/Non-Immigrant Immigration Forms (U.S. Citizenship and Immigration Services) Have You Been the Victim of Trafficking? You May Qualify for a T Visa (U.S. Department of Justice) Have You Been the Victim of a Crime? You May Qualify for a U Visa (U.S. Department of Justice) Fact Sheet: Certifying U Nonimmigrant Status (U.S. Department of Justice) How to Protect Yourself from Immigration Fraud (U.S. Department of Justice) Cómo protegerse del fraude de inmigración (U.S. Department of Justice) Immigrant Rights and Services Manual (NYC Comptroller) National Immigration Law Center: Established in 1979, the National Immigration Law Center (NILC) is one of the leading organizations in the U.S. exclusively dedicated to defending and advancing the rights of low-income immigrants. The Immigrant Advocates Network (IAN): connects the advocate community to trainings and materials from national experts. Users can browse their online materials, sign up for alerts, and find fellow immigrant allies and advocates. CitizenshipWorks(Android, iPhone, free): CitizenshipWorks walks eligible immigrants through the naturalization process. Using the app, they’re able to determine their eligibility to become a U.S. citizen, find out what documents they need to make it happen, and discover access to free and low-cost legal help for naturalization. They also can use the app to study for two key tests that are part of the naturalization process: English and civics. Pocket DACA (Android, iPhone, free): This is a helpful self-screening tool for foreign children living in the U.S. without the proper immigration paperwork. Essentially, it allows these kids to determine whether they qualify for a renewable, two-year reprieve from deportation by the U.S. Department of Homeland Security, under the department’s Deferred Action for Childhood Arrivals process. Included is a searchable directory of immigration legal services providers in all 50 states. And there are links to breaking news on DACA. What to Do if You're Stopped by Police, Immigration Agents, or the FBI (American Civil Liberties Union - ACLU) Immigrant Tenant Rights (NYS Attorney General's Office) Defending Immigrant Rights (American Friends Service Committee) Protect Your Dreams! (American Immigration Lawyers Association) "Public Charge" rule effective October 15, 2019 (Protecting Immigrant Families Organization) Do the Children of Illegal Immigrants Have the Right to a Public Education? (Public Broadcasting System - PBS) The Dream: Scholarships for college for Dreamers
Implicit Bias Implicit bias is unconscious favoritism toward or prejudice against a specific group of people. Project Implicit (Harvard University) Equal Justice Review 2020-2021 (New York State Unified Court System) The Persistence of Implicit Bias in the Legal Profession by Joan Fucillo, 2020 (New York State Bar Association) Confronting Implicit Bias in the Courtroom by David Howard King, 2021 (New York State Bar Association) See also Discrimination
Income Taxes
Federal Internal Revenue Service The Internal Revenue Service offers three programs to help a taxpayer address past due income taxes: Installment Payment Agreements (IPA) Offers in Compromise (OIC) IRS VITA Grant Program Currently not Collectible (CNC) Status: stops all collection activity such as a levy on Social Security benefits, wage garnishments, and bank account levies. However, the IRS will keep any income tax refunds and apply it against the balance owed. IRC §6015(b) - Innocent Spouse IRC §6015(c) - Separation of Liability IRC §6015(f) - Equitable Relief
State New York State Department of Taxation & Finance Electronically File a New York State Income Tax Return for free Offer in CompromiseTime to Keep Records in Case of Audit
Independent Contractors See also Employment IRS Form SS-8, which can be submitted for IRS to determine whether worker is an employee or an independent contractor (Internal Revenue Service)
Insurance Homeowners and Tenants Insurance: Choosing a Policy (NYS Department of Financial Services) Homeowners and Tenants Insurance: Cancellations & Non-Renewals (NYS Department of Financial Services American Association for Long-Term Care Insurance National Association of Insurance Commissioners A Shopper's Guide to Long-Term Care Insurance (NAIC)
Intellectual Property Copyrights Patents Trademarks
International Relations Transboundary Waters (United Nations)
Internet See also Cybersecurity 47 U.S. Code §230 - Protection for private blocking and screening of offensive material International Center for Information Ethics Access Now (nonprofit defending user rights around the world) Registering a Domain Name (hostgator.com, a for profit business) Find Affordable Internet Options in NYS (NYS ConnectALL) Affordable Connectivity Program, for SSI recipients (Social Security Matters).
Interns Wage Requirements for Interns in For-Profit Businesses, 2021 (NYS Department of Labor) Wage Requiremnts for Interns in Not-For-Profit Businesses, 2021 (NYS Department of Labor) Workers' Compensation Coverage for Student Interns (NYS Workers' Compensation Board)
Intersex An umbrella term for differences in sex traits or reproductive anatomy. Intersex Law & Policy (Interact Advocates organization)
Invasive Species Note: Having an invasive species on one's property can greatly diminish its value. New York Invasive Species Information Clearinghouse (Cornell University Cooperative Extension)
Investments Introduction to Investing, Research Before You Invest, Protect Your Investments, Additional Resources (U.S. Securities and Exchange Commission)
Jails & Prisons Jails are locally operated short-term facilities that hold inmates awaiting trial or sentencing or both, and inmates sentenced to a term of less than one year, typically misdemeanants. Prisons are longer-term facilities run by the state or the federal government that typically holds felons and persons with sentences of more than one year. World Prison Brief: United States First Step Act (Federal Bureau of Prisons) New York State Commission of Correction New York State Department of Corrections & Community Supervision Rules and Regulations Handbook for the Families and Friends of New York State DOCCS Inmates (NYS Corrections & Community Supervision) NYS General Business Law §69: Sale of incarcerated individual made goods. Prison Fellowship. a Christian organization that joins with churches, para-church organizations, wardens, prison staff, local service providers, and volunteers to support rehabilitation of prisoners. Death in Custody Reporting Act, a federal law that applies to all jails and prisons. (U.S. Department of Justice, Bureau of Justice Statistics)
Jobs Find a Job (New York State Department of Labor) Find a Career Center near you (New York State Department of Labor) Career School Now (non-government network) New York Jobs (non-government network) Where Are You Going?
Journalism Code of Ethics (Society of Professional Journalists) What is Journalism? (American Press Institute) Committee to Protect Journalists (nonprofit) International Center for Journalists Documented, an investigative watchdog and journalism project.
Judges (In General) Standing Committee on the State of the Federal Judiciary (American Bar Association) Judges’ Social or Close Personal Relationships with Lawyers or Parties as Grounds for Disqualification or Disclosure (American Bar Association Standing Committee on Ethics and Professional Responsibility, Formal Opinion 488, September 5, 2019)
Judges (Federal) Code of Conduct for United States Judges (U.S. Courts) FAQs Federal Judges (U.S. Courts) Judgeship Appointments by the President (U.S. Courts) Code of Conduct for Judicial Employees (U.S. Courts) Rules for Judical Conduct and Judicial Disability Proceedings (U.S. Courts)
Judges (State) The Rules Governing Judicial Conduct (New York State Courts) 2018 Edition Judicial Campaign Ethics Handbook (NYS Advisory Committee on Judicial Ethics) Judicial Directories (New York State Unified Court System) How to Complain About Lawyers and Judges in New York City (NYC Bar Association)
Junk Dealers NYS General Business Law Article 6
Junkyards Controlling Junk (NYS Department of State) Junkyards, Motor Vehicles (Village of New Berlin)
Jury Duty Federal Jury Service The Trauma of Jury Duty (The Atlantic, May 17, 2015, by Andrew Guthrie Furguson)
Juvenile Delinquency Siblings Are Special: Initial Test of a New Approach for Preventing Youth Behavior Problems, by Mark E. Feinberg, et al., Journal of Adolescent Health, Vol. 53, Issue 2, pp. 166-173, August 1, 2013. General Obligations Law §11-105 addresses limited civil liability of a parent or legal guardian for a minor child's larceny in a mercantile establishment. See also Juvenile Delinquency on the Court Proceedings Page.
Land Contracts (aka Land Installment Contracts) Land Contracts are an alternative to mortgages, wherein the grantor keeps title to the property subject to the grantee fulfilling the terms of the contract. Grantors cannot enforce the contracts through summary proceedings, the part of the law that landlords use to evict tenants. NYS Real Property Actions and Proceedings Law §721 specifies who may maintain a summary proceeding and grantors of land contracts are not among them. Instead, grantors must foreclose on the land contract, just as one would foreclose on a mortgage. For court reasoning of why grantees are granted the protections of a foreclosure proceeding, see, e.g., Bean v. Walker, 95 A.D.2d 70 (4th Dept.1983) and Madero v. Henness, 200 A.D.2d 917, 607 N.Y.S.2d 153 (3rd Dept. 1994). See also Purchasing or Selling Real Estate
Land Surveys New York State Association of Professional Land Surveyors Right of Entry (NYS Association of Professional Land Surveyors)
Landlord/Tenant (Commercial) Commerical Lease Agreement Form
Landlord/Tenant (Residential) See also Short Term Rentals NYS Real Property Law & Actions §711 sets forth when a landlord-tenant relationship exists. Distinguish "tenants" from hotel "guests," who are subject to Penal Law §165.15 wherein failure to pay can result in a charge of theft of services. For information on eviction proceedings, go to the Court Proceedings page.
In General Real Property Law §§227-A, 227-B and 227-C: Protections for tenants who have to break their leases, such as seniors having to go into nursing homes, and domestic violence victims. Residential Tenants' Rights Guide (NYS Attorney General's Office) Changes in New York State Rent Law (NYS Attorney General's Office) Guidance to Law Enforcement on Illegal Lockouts (NYS Attorney General's Office) Tenant/Owner Forms (NYS Division of Homes &Community Renewal) NYS Judiciary Law §212, which prohibits sale of data regarding summary proceedings, although still in the public record. Tenants NYS Executive Law §296(5), wherein as of April 2019, it is illegal for a landlord to decline to rent to a Section 8 or DSS recipient. A person denied a lease due to source of income discrimination can file a complaint with the NYS Division of Human Rights. Housing Lotteries (NYS Division of Housing & Community Renewal) Tenant Checklist for Code Enforcement (City of Oneonta Code Enforcement Office) Renter's Insurance (NYS Department of Financial Services) Immigrant Tenant Rights (NYS Attorney General's Office) Tenants Rights in Foreclosed Properties (NYS Department of Financial Services) Warranty of Habitability (NYS Unified Court System) NYS Real Property Law §232-A: Notice to terminate month-to-month tenancy in NYC NYS Real Property Law §232-B: Notice to terminate month-to-month tenancy outside NYC Landlords Landlord Pre-Inspection Checklist (City of Oneonta Code Enforcement Office) Sample Rental Agreement NYS RPL 238-a: Limitation on fees NYS General Obligations Law §7-108: Deposits made by tenants of non-rent stablilized dwelling units. NYS RPL §227-f: Denial on the basis of involvement in prior disputes prohibited. No blacklisting. NYS RPL §226-c: Notice of rent increase or non-renewal Mobile Home Parks Manufactured Home Park Mediation Program (NYS Division of Housing & Community Renewal) Administering STAR in Manufactured Housing Communities (NYS Department of Taxation & Finance) New York City Rent Regulation Fact Sheets (NYS Division of Homes & Community Renewal) Recovering Rent Security Deposits and Interest in New York City Small Claims Courts (NYS Attorney General's Office) Como Recuperar Deposito de Seguro de Alquiler e Interes en la Corte de Reclamaciones Pequenas en la Ciudad de Nueva York (NYS Attorney General's Office) NYC Tenant Rights and Responsibilities (NYC Housing Preservation & Development) Just Fix NYC website: This nonprofit provides unrepresented tenants with a self-help web app that assists in gathering evidence, mediating with their landlord through templated communications, reporting violations to city agencies, connecting with organizers and attorneys and presenting a “case history”—the record of all evidence and actions taken—for housing court. The JustFix.nyc Advocate Dashboard allows community organizers, legal aid attorneys, and other advocates to conduct targeted outreach, gather evidence for group class action cases, communicate efficiently with tenants, and track and analyze data about buildings, landlords, and neighborhoods.
Language Legalese: the formal and technical language of legal documents that is often hard to understand. Glossary of Legal Terms (NYS Unified Court System Law Libraries) Ethnologue: Languages of the World Endangered Language Alliance, a non-profit.
Last Will and Testament For a discussion of Last Wills, go to the Life Planning page.
Law Enforcement Criminal Justice System for Adults in NYS (NYS Office of Mental Health) NYS Division of Criminal Justice Services Annual Reports and Publications (NYS Division of Criminal Justice Services) Standardized Forms and Reports for Law Enforcement, Grant Applicants, and Others (NYS Division of Criminal Justice Services) See also Police
LGBTQ: Lesbian, Gay, Bisexual, Transgender, and Queer See also Intersex See also Transgender "Birth sex" is assigned at birth; usually male or female. "Gender Identity" is a person's deeply held internal sense of their own gender. "Gender Expression" is how a person expresses their gender. "Sexual Orientation" describes an individual's emotional, physical, and/or romantic attraction to other people. Transgender is not an orientation. Glossary (LGBTQIA Resource Center, UC Davis) Family Acceptance Project (San Francisco State University) The National Resource Center on LGBTQ+ Aging (SAGE USA) Equality Federation LGBT Aging Facts (SAGE USA) Online Resources (The Trevor Project) LGBT Community Center Member Directory (Centerlink)
Licensed Occupations For attorneys, see Attorneys. List of Occupations Licensed by New York State. (NYS Department of Labor) General Obligations Law §3-503: Required information and statement in applications for licenses to conduct occupations; fulfillment of child support obligations. Midwifery. A certified professional midwife (C.P.M.) qualification is recognized by more than thirty states, but not New York. Here, midwives must pass an exam by the American Midwifery Certification Board, have a master’s degree and meet other qualifications. A birth attendant, often a relative or a close friend, can help deliver a baby but should not perform any procedures that require medical skills. (NYS Department of Education) Verify a Professional's License (NYS Department of Education, Office of the Professions) Enforcement Actions (NYS Department of Education. Office of the Professions): Check for disciplinary actions against a licensee.
Life Estate a/k/a Life Tenancy An estate in real property that ends with death. The holder of a life estate is called a life tenant. New York State recognizes the life tenant as the "owner" for purposes of property and school tax exemptions, including the STAR exemption or rebate. About Life Estates Step-up bases benefit new owners when life estates retained by transferors.
Life Planning
Financial Power of Attorney Springing Power of Attorney Living Wage Calculator (Massachusetts Institute of Technology) Medicaid Eligibility (NYS Department of Health) Health Care Designation of Person in Parental Relationship Health Care Proxy Living Will Medical Orders for Life Sustaining Treatment (MOLST) (publication of NYS Department of Health) Marriage Getting Married in New York State (NYS Department of Health) Property Last Will and Testament Exemption for the Benefit of the Family www.FreeWill.com provides a free service for the writing of a Will in all fifty states. Surrogate's Court Medicaid - Treatment of Irrevocable Pre-Need Funeral Agreements (NYS Department of Health) Funeral Agreement Fact Sheet (NY Legal Assistance Group) Disclosure of deceased client’s file (NYS Bar Association Opinion 970 6/21/13)
Limited Liability Company See Starting and Operating a Business
Living Will Living Will For a discussion of LWs, go to the Life Planning page.
Local Government (County, City, Town & Village) ecode360: a database of local laws online Division of Local Government Services (NYS Department of State) Adopting Local Laws (NYS Department of State) Handbooks for City and Village Officials (NYS Conference of Mayors & Municipal Officers) Information for Town Officials (Office of NYS Comptroller) Association of Towns of New York State Conducting Public Meetings and Hearings (NYS Department of State) The New N.Y. Government Reorganization and Citizen Empowerment Act (NYS Department of State, Division of Government Services, 2010) Overview of Local Planning & Zoning NYS LTAP Center - Cornell Local Roads Program (Cornell University) Shared Services Initiative Sample law: Best Value Bidding (Town of New Scotland) Zombie Properties (NYS Conference of Mayors & Municipal Officers) NYS Uniform Fire Prevention and Building Code: What Elected Officials Need to Know (NYS Department of State) Controlling Junk (NYS Department of State) Handbook on the Alienation and Conversion of Municipal Parkland in New York (NYS Office of Parks, Recreation and Historic Preservation) Local Departments of Social Services (NYS Department of Health) See Through New York (Empire Center for Public Policy): Gives New Yorkers a clearer view of how their state and local taxes are spent.
Lost and Found NYS Personal Property Law Article 7-B NYS Personal Property Law §257 addresses how lost property deposited with the police may subsequently be vested with the finder. NYS Abandoned Property Law addresses what property is required to be turned over to the New York State Comptroller and how the Comptroller manages the property. Online search of Unclaimed Funds deposited with the Office of the New York State Comptroller. NYS Real Property Actions and Proceedings Law Article 7-B: Special Proceeding for the Removal of Abandoned Manufactured Homes Online search of National Association of Unclaimed Property Administrators. Online search of a company database of dormant bank accounts, safety deposit boxes, stocks, and unclaimed life insurance benefits. Online search of pension plans covered by the Pension Benefit Guaranty Corporation. Online search of National Registry of Unclaimed Retirement Benefits (plans not covered by the Pension Benefit Guaranty Corporation). Online search by Social Security number of uncashed mature U.S. Savings Bonds issued since 1974. US Treasury Form 1048 to make a claim for U.S. Savings Bonds funds.
Low Income Housing Tax Credit Program (SLIHC) About the Program (New York State, Homes and Community Renewal) About the Program (The Supportive Housing Network of New York) Form 8609: Low Income Housing Credit Allocation and Certification (Internal Revenue Service) Low Income Housing Credit (New York State Department of Taxation & Finance) 2018 Multifamily Open Window Materials (New York State Homes and Community Renewal)
Mail NYS General Obligations §5-332: Unsolicited and voluntarily sent merchandise deemed unconditional gift.
Manufactured Housing See also Titles
Manufactured Homes Manufactured Home Characteristics (FEMA) Manufactured Home Regulations (NYS Division of Code Enforcement and Administration) Definitions, Warranty Seal Law NYS Executive Law Article 21-B (Check for updates) 19 NYCRR Part 1210 (Check for updates) Municipal Regulation of Mobile Homes (NYS Department of State) Manufactured Home Rent-to-Own Contracts (NYS Homes and Community Renewal)
Manufactured Home Parks Manufactured Home Park Registration (NYS Department of Taxation & Finance) (Annual registration were previously through the NYS Homes and Community Renewal) Manufactured Home Park Registrations 1989-2019 (Open Data NY) Mandatory Notice and Rider to Lease Agreements (NYS Homes and Community Renewal) (Check for updates) Mobile & Manufactured Homes General FAQs (NYS Homes and Community Renewal) Guide to NYS Real Property Law §233 (NYS Homes and Community Renewal) Tenant Rights (NYS Homes and Community Renewal) Rent Increases in Manufactured Home Parks (NYS Homes and Community Renewal) When Number of Units Decreases (NYS Homes and Community Renewal) Sale of Manufactured Home Parks (NYS Homes and Community Renewal) Manufactured Home Advantage Program (NYS Homes and Community Renewal) Manufactured Home Advantage Program - SONYMA (brochure) (NYS Homes and Community Renewal) Manufactured Home Cooperative Fund (MHCFP) (NYS Homes and Community Renewal): MHCFP assists manufactured home park residents in purchasing the land underlying their homes, making infrastructure improvements, and forming cooperatives. By owning and managing their parks, residents are able to take greater control over their housing costs and living conditions. NYS Real Property Actions and Proceedings Law Article 7-B: Special Proceeding for the Removal of Abandoned Manufactured Homes
Marijuana Marijuana in New York State Through 2018 Recreational Marijuana is now legal in New York State. See Cannabis. Marijuana Drug-Impaired Driving Laws in the United States (Governors Highway Safety Association) Drug-Impaired Driving: What's New (Dr. Jim Hedlund, U.S. Department of Transportation, March 27, 2017) Drugs and Driving: What We Know and What We Don't (Dr. Jim Hedlund, U.S. Department of Transportation, March 15, 2018) An Evaluation of Data from Drivers Arrested for Driving Under the Influence in Relation to Per se Limits for Cannabis (AAA Foundation for Traffic Safety, May 2016)
Marriage NYC Marriage Bureau (Office of NYC Clerk) Marriage Certificates (NYS Office of Vital Records) See also Premarital Agreements
Median Income The income level earned by a given household where half of the homes in the demographic area earn more and half earn less. Area Median Income Lookup Tool (Fannie Mae)
Medicaid Medicaid is a joint federal and state government program designed to provide health care for low-income individuals and families. It was established by Federal law in 1965. In 1966, New York State adopted the Medicaid program by statute. New York State elected to implement a joint state-county Medicaid program that is supervised by the New York State Department of Health and administered by each of the counties in the State, including New York City, for a total of 58 social services districts in the state. Financial eligibility is defined in terms of income and resources. The rules for financial eligibility are different depending on one’s age (under 21, 65+, or in between), whether one has a disability, or has high medical bills. Medicaid is “means-tested” – that is, people have to meet certain income and resource criteria to be eligible. Medicaid's benefits in New York State includes many types of home care up to 24 hours per day and long-term nursing home care 42 U.S.C. §1396p is the federal law that determines when a lien can be placed on an recipient's property, and when the State shall seek to recover. It also sets forth when a supplemental needs trust or pooled trust can be set up for a recipient of Medicaid and not reduce the government benefits. Medicaid Reference Guide (MRG) (New York State Department of Health) Medicaid FAQs (New York State Department of Health) Whether a Trust is a Counted Asset (New York State Department of Health) Medicaid Excess Income ("Spenddown" or "Surplus Income") Program (New York State Department of Health) Freedom Care and Consumer-Directed Personal Assistance Program (CDPAP) See also Personal Care Contracts Overview - Supplemental Needs Trusts (Western New York Law Center) Step-by-step guide to enrolling in a pooled income trust for Medicaid spend-down (Western New York Law Center) Medicaid Eligibility & the Treatment of Income and Assets under the New York State Partnership for Long-Term Care, 2020 (NYS Department of Health)
Medical Advocacy #MeAction, addressing myalgic encephalomyelitis/chronic fatigue syndrome (ME/CFS).
Medical Assistance (free or reduced cost) Planned Parenthood Health Centers Oneonta Community Health Center
Medical Profession See also Physicians American Medical Association Medical Women's International Association
Medicare See also Medicare Savings Program Medicare is a federal government program that provides health insurance for individuals age 65 and over, people under 65 with certain disabilities, and people of any age with End-Stage Renal Disease (ESRD) (permanent kidney failure requiring dialysis or a kidney transplant). There are different parts of Medicare: Medicare Part A (hospital insurance) helps cover inpatient care in hospitals, and helps cover certain follow-up care such as skilled nursing facility, hospice, and home health care. People have already paid for Part A through part of their Social Security taxes while working. Medicare Part B (medical insurance) helps cover doctors' services, hospital outpatient care, and home health care; and helps cover some preventive services to help maintain one's health and to keep certain illnesses from getting worse. Medicare Part D (medicare prescription drug coverage) is a prescription drug option run by Medicare-approved private insurance companies. It helps cover the cost of prescription drugs. Medicare Advantage Plans (also called "Part C") are health plans run by Medicare-approved private insurance companies and include Part A, Part B, and usually other coverage like Part D. Medicare Overview (2018 HIICAP Notebook; New York State Office of the Aging) Medicare Part B Medical Insurance (2012 HIICAP Notebook; New York State Office of the Aging) What to do if no longer quality for Extra Help with Medicare prescription drugs costs (Medicare) Medicare Coverage of Skilled Nursing Facility Care (Medicare)
Medicare Savings Program (MSP) Medicare Savings Program (Medicare.gov) Medicare Savings Program (NYS Department of Health): A Medicaid-administered program that can assist people with limited income in paying for their Medicare premiums. Depending on your income, the MSP may also pay for other cost-sharing expenses. When you enroll in an MSP, you will also automatically get Extra Help, the federal program that helps pay most of your Medicare prescription drug (Part D) plan costs. There is no resource test for the MSP programs. There are three benefit levels. Each has a different income eligibility limit. One benefit level is the "Qualified Medicare Beneficiary" (QMB) Program. This program, which varies by state, pays Medicare premiums, deductibles, and coinsurance. Medicare Savings Programs (MSPs) in New York (Western New York Legal Center) Medicaid and the Medicare Savings Programs (2012 HIICAP Notebook; New York State Office of the Aging)
Medicines Medicine Classifications (New York State Department of Health) Institute for Safe Medication Practices (non-profit) Examine.com: an independent and unbiased encyclopedia on supplementation and nutrition. Travelers' Health (U.S. Centers for Disease Control and Prevention) Personal Importation (U.S. Food & Drug Administration) International Pharmaceutical Federation (FIP) The International Society of Travel Medicine Disposal of Unused Medicine: What You Should Know (U.S. Food & Drug Administration)
Mental Health Mental health includes emotional, psychological, and social well-being. It affects how people think, feel, and act. It also helps determine how people handle stress, relate to others, and make healthy choices. Mental health is important at every stage of life, from childhood and adolescence through adulthood. Although the terms mare often used interchangeably, poor mental health and mental illness are not the same things. A person can experience poor mental health and not be diagnosed with a mental illness. Likewise, a person diagnosed with a mental illness can experience periods of physical, mental, and social well-being. (United States Centers for Disease Control and Prevention) Mental Health America (non-profit): free screening available. National Institute of Mental Health: The lead federal agency for research on mental disorders. New York State Office of Mental Health Substance Abuse and Mental Health Services Administration - SAMHSA (U.S. Department of Health & Human Services) Mental Health America, formerly known as National Mental Health Association. Urban Justice Center Mental Health Project Coping with Traumatic Events (National Institute of Mental Health) HIV/AIDS and Mental Health (National Institute of Mental Health) Substance Abuse and Mental Health (National Institute of Mental Health)
Mental Illness Mental illnesses are conditions that affect a person’s thinking, feeling, mood or behavior, such as depression, anxiety, bipolar disorder, or schizophrenia. Such conditions may be occasional or long-lasting (chronic) and affect someone’s ability to relate to others and function each day. NAMI: National Alliance for the Mentally Ill NAMI New York State Urban Justice Center Mental Health Project
Alzheimer's Disease and Other Dementias (New York State Department of Health) Anxiety Disorders (New York State Office of Mental Health) Anxiety Disorders (National Institute of Mental Health) Attention Deficit Hyperactivity Disorder (New York State Office of Mental Health) Attention-Deficit/Hyperactivity Disorder (National Institute of Mental Health) Autism Spectrum Disorders (New York State Office of Mental Health) Autism Spectrum Disorder (National Institute of Mental Health) Bipolar Disorder (New York State Office of Mental Health) Bipolar Disorder (Manic-Depressive Illness) (National Institute of Mental Health) Bipolar Disorder in Teens (New York State Office of Mental Health) Borderline Personality Disorder (National Institute of Mental Health) Depression (New York State Office of Mental Health) Depression (National Institute of Mental Health) Teen Depression (New York State Office of Mental Health Disruptive Mood Dysregulation Disorder (National Institute of Mental Health) Eating Disorders (New York State Office of Mental Health) Eating Disorders (National Institute of Mental Health) Increased Risk of Heat Illness (New York State Office of Mental Health) Medications (New York State Office of Mental Health) Obsessive-Compulsive Disorder (National Institute of Mental Health) Post Traumatic Stress Disorder (New York State Office of Mental Health) Post-Traumatic Stress Disorder (National Institute of Mental Health) Schizophrenia (New York State Office of Mental Health) Schizophrenia (National Institute of Mental Health) Seasonal Affective Disorder (National Institute of Mental Health) Suicide Prevention (National Institute of Mental Health)Navigating a Mental Health Crisis (NAMI) Circle of Care: A Guidebook for Mental Health Caregivers (NAMI) Dealing with Cognitive Dysfunction associated with Psychiatric Disabilities, a handbook for families and friends of individuals with psychiatric disorders (New York State Office of Mental Health) Comfort Rooms (New York State Office of Mental Health) Assisted Outpatient Treatment (NAMI New York State) PACT (Program for Assertive Community Treatment) - The hospital without walls (NAMI New York State) How to Help When a Person With Mental Illness is Arrested (NAMI New York State) Future Care Planning (NAMI New York) College and Your Mental Health (NAMI) National Association of State Mental Health Program Directors
Military Service 50 U.S.C. App. §§501-597b: Servicemembers Civial Relief Act (SCRA) (U.S. Department of Justice) SCRA is a program that provides certain protections in lending for servicemembers who are called to Active Duty. SCRA Notice - Homeowners (Veterans Administration) The U.S. Military Justice System & National Security Law Manual for Courts-Martial (2019)
Miscarriages (a/k/a Spontaneous Abortions) Miscarriage by Carla Dugas and Valeri H. Slane (NCBI:National Center for Biotechnology Information, U.S. National Library of Medicine)
Missing Persons Missing Persons Clearinghouse (NYS Divison of Criminal Justice Services)
Mobile Homes
Mobile homes are also known as trailers and manufactured housing. They are a type of factory-built housing.
Modular, panelized, and pre-cut homes must comply with the same State and local building codes as "site stick built" codes. Manufactured homes must meet HUD regulations.
See Manufactured Housing.
Moratoria Land Use Moratoria (NYS Department of State)
Mortgages Real Property Law §258 provides short forms for mortgages, namely Mortgage, Bond and Mortgage, Assignment of Mortgage, Release of Part of Mortgaged Premises, and Satisfaction of Mortgage. Assignment of Mortgage form Sample Bond and Mortgage HUD Forms, including HUD1 and Good Faith Estimate (Housing and Urban Development). Affidavit of Exemption Under Section 253(1-a) of the Tax Law State of New York Mortgage Agency (SONYMA) Mortgage Escrow Account: What You Need to Know (NYS Department of Financial Services)<./br> Reverse Mortgages (NYS Department of Financial Services) Home Equity Conversion Mortgages for Seniors, aka Reverse Mortgages (HUD FHA) Reverse Mortgages (Federal Trade Commission) Foreclosure Research Brief (NYS Office of the Comptroller)
Motor Vehicles See also Titles See also Boats See also Snowmobiles
Safety Issues Safety Issues & Recalls (National Highway Traffic Safety Adminisration, US Department of Transportation) Check for Recalls (NYS Department of Motor Vehicles)
Fuel Efficiency Fuel Economy (US Department of Energy, Office of Energy Efficiency & Renewable Energy) My MPG (US Department of Energy, Office of Energy Efficiency & Renewable Energy)
Purchasing a Vehicle Historic Vehicle Association
NYS Lemon Laws Lemon Law Arbitration Program Regulations (NYS Attorney General's Office) New Car Lemon Law (NYS Attorney General's Office) New Car Lemon Law Fact Sheet (NYS Attorney General's Office) New Car Lemon Law Questions and Answers (NYS Attorney General's Office) Used Car Lemon Law (NYS Attorney General's Office) Used Car Lemon Law Fact Sheet (NYS Attorney General's Office) Used Car Lemon Law Questions and Answers (NYS Attorney General's Office)
Leasing a Vehicle Auto Leasing Rights (NYS Attorney General's Office)
Renting a Vehicle Car Rental Tip Sheet (NYS Attorney General's Office)
Moving Move or Stay Put Calculator (Financial Security Project of Boston College) See also Purchasing or Selling a Home or Other Real Property
Multiple Systems Navigator Multiple Systems Navigator (NYS): One website to access health, education, human service, and disability information. Built for youth, parents, family members, and caregivers who rely on support from multiple child and family serving systems.
Mutual Aid National Incident Management System for Mutual Aid (FEMA, 2017)
National Monuments -- See Antiquities Act
Native American Sovereignty and Legal Issues
Overview United Nations Declaration of the Rights of Indigenous Peoples Indigenous Women's Treaty (Indigenous Rising) What is Native American Sovereignty? (Brett Chapman, Attorney at Law) Cherokee Scholars Statement on Sovereignty and Identity (Think Tsalagi) This is Indian Country Land Reparations and Indigenous Solidarity Action Guide (Resource Generation Organization) Conscience Point: Film about Shinnecock activist Rebecca "Becky" Hill-Genia who, together with other determined tribal members and allies, waged a relentless, years-long battle to protect the land and her tribe's cultural heritage from the ravages of development and displacement. (Independent Lens, Public Broadcasting System)
Legal Assistance National Indian Law Library Pro Bono Institute (PBI)
Federal Legislation 25 U.S. Code Chapter 32: Native American Graves Protection and Repatriation (U.S. Gov)
New York State Legislation Native American Services (NYS Office of Children and Family Services)
Associations First Nations Development Institute Association of Indigenous Anthropologists
Natural Burial - See Cemeteries
Natural Disasters National Disaster Legal Aid Resource Center
Natural Gas An Interstate Natural Gas Facility on My Land? What Do I Need to Know? (Federal Energy Regulatory Commission, Office of Energy Projects) Hints on Negotiating an Oil and Gas Lease (Real Estate Center, Texas) Questions for First Responders in Gas Drilling Areas (Un-Natural Gas Organization)
New York City New York City Charter (NYC) Laws of the City of New York: the New York City Charter, the New York City Administrative Code, and the Rules of the City of New York (NYC Law Department).
New York City Watershed New York City Environmental Protection About the Watershed Watershed Recreation
Non-Compete Clauses See Contracts
Non-Disclosure Agreements Speak Out Act, 42 U.S.C. §19401.
Not-For-Profits Not-For-Profit Corporation Law Religious Corporations Law
Formation Forming a Not-for-Profit (NYS Department of State) How to Incorporate a Not-for-Profit (NYS Attorney General's Charities Bureau) Certificate of Incorporation - Nonprofit form 1511-f (NYS Department of State) Sample Certificate of Incorporation - Friends of a state park (prior to changes in §201 and §402 of the Not-for-Profit Corporation Law). See the latest official form from the NYS Department of State for what the Certificate must contain. Sample Bylaws - Friends of a state park
Operations Guides & Publications (NYS Attorney General's Office, Charities Bureau) Publication 557: Tax-Exempt Status for Your Organization (Internal Revenue Service) Application for Real Property Tax Exemption for Nonprofit Organizations - Mandatory Class (NYS Department of Taxation & Finance) Application for Real Property Tax Exemption for Nonprofit Organizations - Permissive Class (NYS Department of Taxation & Finance) Property Tax Exemption for Non-Profits (New York City) A Guide to Sales & Other Dispositions of Assets by Not-for-Profit Corporations (NYS Attorney General's Office) GuideStar: Search site for nonprofit data. Dissolution With Assets (NYS Attorney General's Office) Dissolution Without Assets (NYS Attorney General's Office) Declaration of Restrictive Covenant in favor of NYC.
Notaries Public Notary Public License Law
Nuclear Energy Office of Nuclear Energy (U.S. Department of Energy)
Nuclear Radiation Radiation Exposure Compensation Act (U.S. Department of Justice)
Nuisances
Noise Summary of the Noise Control Act, 42 U.S.C. §4901 et seq. (1972) (Environmental Protection Act) National Transportation Noise Map (U.S. Department of Transportation) NIOSH Sound Level Meter App (Centers for Disease Control and Prevention, The National Institute for Occupational Safety and Health - NIOSH) Noise (World Health Organization) Transportation Noise Exposure and Cardiovascular Mortality, a Swiss study (National Library of Medicine, National Institutes of Health)
Nursing Homes General Information About Nursing Homes - Selecting a Nursing Home in New York State (New York State Department of Health) Your Rights as a Nursing Home Resident and Nursing Home Responsibilities (New York State Department of Health) Clinical Care and Treatment (NYS Department of Health) Nursing Home/Assisted Living in New York 2015 (U.S. Health and Human Services)
Nutrition Examine.com: an independent and unbiased encyclopedia on supplementation and nutrition.
Oaths and Affirmations Public Officers §10 is the law governing who must take and who may administer an official oath or affirmation. Oath/Affirmation of State Employees and Public Officers with forms (NYS Department of State) Oath of Office (Dutchess County) Oath of Office How to Administer an Oath or Affirmation (National Notary Association)
Oil Crude Oil Production Statistics (U.S. Energy Information Administration) See also Environment - Oil Spills
Open Burning Open Burning in New York (NYS Department of Environmental Conservation)
Open Meetings - your right to hear the deliberations of public bodies Your Right to Know (NYS Department of State, Committee on Open Government) Conducting Public Meetings and Public Hearings (NYS Department of State, Division of Local Government Services) State Law - a/k/a the "Sunshine Law"
Opt-Out Registry Opt Out PreScreen: the official Consumer Credit Reporting Industry website to accept and process requests from consumers to Opt-In or Opt-Out of firm offers of credit or insurance. See also Privacy
Organ Donation Donate Life Registry (New York State) Register through the NYS Department of Motor Vehicles Center for Donation and Transplant (Albany Medical College)
Outdoor Recreation NYS General Obligations Law §9-103 contains the law on which recreational activities a property owner may allow on the property without any duty to keep it safe for users. Note that the proeprty owner may not receive consideration for the use in order to be protected by this law. Posting Information for Landowners, Boaters, Fishermen and Hunters (NYS Department of Environmental Conservation) Open Burning (NYS Department of Environmental Conservation) NYS Boater's Guide (NYS Office of Parks, Recreation and Historic Preservation)
Outerspace The physical universe beyond the earth's atmosphere. Space Thoughts blog: Law and policy thoughts on issues surrounding the final frontier. The Galileo Project (Harvard-Smithsonian Center for Astrophysics) The Extra-Terrestrial Law, 14 CFR §1211, was in effect July 16, 1969 (days before the first man landing on the moon) to 1977. It provided that NASA would guard the Earth against any harmful contaminants.
Parole and Probation NYCRR Title 9, Subtitle H: Division of Probation and Correctional Alternatives
Partner Abuse Intimate Partner Violence (IPV) Bruising Project (Susan B. Anthony Center, University of Rochester)
Peace Officers NYS Criminal Procedure Law §2.10: Persons Designated as Peace Officers
Pensions Pension Rights Center: Founded in 1976, the Pension Rights Center is a nonprofit consumer organization committed to protecting and promoting the retirement security of American workers, retirees, and their families. Pension Benefit Guaranty Corporation: Search our List of Missing Participants (U.S. Government)
Personal Care Contracts Cases on Personal Care Contracts Check the current Medicaid Reference Guide (MRG) for regulations regarding relative's compensationn for providing care and Medicaid eligibility. Regardless of how the Agreement classifies the helper (worker), workers' compensation coverage may be required. Personal Care Agreement - Payment for Services on a Periodic Basis Personal Care Agreement - Payment for Services by Lump Sum
Personal Injury Lightning Stike and Electric Shock Survivors International, Inc., a non-profit support group.
Pets Companion Animals (NYS Department of Agriculture & Markets) Many of the laws pertaining to and protecting pets can be found in NYS Agriculture & Markets Law Article 26. Licensing Laws Locate an American Animal Hospital Association (AAHA) accredited hospital (AAHA) Animals that Can't be Possessed Service Animals Animal Shelters Research Laboratories Pet Cemeteries
Physicians FAQs: Physician Conduct (NYS Department of Health) Health Care Provider Rights and Responsibilities (NYS Department of Health)
Plagiarism Copyscape Plagiarism Checker
Police What to do When Stopped by the Police (NYS University Police Oswego State) What to do When Stopped by the Police (Suffolk County Police Department) What to Do if You're Stopped by Police, Immigration Agents, or the FBI (American Civil Liberties Union - ACLU) Police Reform and Reinvention Collaborative (NYS Division of Criminal Justice Services) Police and Peace Officer Decertification (NYS Division of Criminal Justice Services) New York State Association of Chiefs of Police New York State Sheriffs' Association Law Enforcement Code of Ethics (International Association of Chiefs of Police) About the International Association of Chiefs of Police ABA Legal Education Police Practices Consortium (American Bar Association)
Power-of-Attorney Power of Attorney: PDF format; Word format. For a discussion of POAs, go to the Life Planning page.
Pregnancy Pregnant Workers Fairness Act (U.S. Equal Employment Opportunity Commission) The Providing Urgent Maternal Protections (PUMP) For Nursing Mothers Act (U.S. Breastfeeding Committee) FLSA Protections to Pump at Work (U.S. Department of Labor Wage and Hour Division) Directory of grants for single mothers (singlemothersgrants.org)
Premarital Agreements (aka Prenuptial Agreements and Prenups) Generally, NYS courts will not enforce lifestyle clauses, such as intercourse provisions. A spousal gift is marital property, but a prenup can change that. Other states have adopted the Uniform Premarital Agreement Act.
Presumption of Death Common law rule: After absence of seven years, presumed dead. Used for purposes of collecting benefits, such as life insurance. NY EPTL §2-1.7: After three years, unless death may be presumed earlier from a specific peril of death. Not to be used when someone is a known recluse.
Privacy
Between Individual and Individual/Entity New York State has an eavesdropping law, Penal Law §250.05 that makes it a class E felony to unlawfully engage "in wiretapping, mechanical overhearing of a conversation, or intercepting or accessing of an electronic communication." Penal Law §250.00 defines all the terms. Notably, if a person is a party to the conversation, he/she can record the conversation, whether or not any other party to the conversation approves or even knows of the recording. If a person is not a party to the conversation, nor has the permission of any party to the conversation, the recording is illegal. Civil Rights Law §50 makes it a misdemeanor for any person, firm or corporation to use for advertising or trade purposes, the name, portrait or picture of any living person without having first obtained the written consent of such person, or if a minor of his or her parent or guardian. In mid-2021, amendments to New York's Right of Publicity law took effect. The new law allows for post-mortem rights in right of publicity, while also addressing the nonconsensual use of explicit and computer-generated depictions of individuals ("deep fakes") and unlawful dissemination of an intimate image ("revenge porn"). Civil Rights Law Article 5: Right of Privacy. Permission Slip, a free app for iPhone and Android to order companies to remove your personal information and secrets (Consumer Reports, a nonprofit) Google: Requesting Removal of Personal Information (Google)
Between Individuals and the State NYS Personal Privacy Protection Law: Public Officer Law Article 6-A NYS Social Services Law §134-a: Conduct of Investigations NYS State Technology Law §308: Personal Privacy Protetion NYS Education Law §2-c: Release of Student Information to Certain Entities NYS Education Law §2-d: Unauthorized Release of Personally Identifiable Information DPPA - Drivers Privacy Protection Act (NYS Department of Motor Vehicles)
Between Individuals and Businesses NYS Stop Hacks and Improve Electronic Data Security Act (SHIELD Act): General Business Law Article 39-F NYS Insurance Law §321: Medical Information Exchange Centers Opt Out PreScreen: the official Consumer Credit Reporting Industry website to accept and process requests from consumers to Opt-In or Opt-Out of firm offers of credit or insurance. Privacy Rights Organization: contains list of data brokers. Each has its own rules for requesting that your data not be shared, and possibly be deleted. 2012 White House Report on Consumer Data Privacy
Resources Inside Privacy: A blog providing updates on developments in data privacy and cybersecurity. (Covington & Burling LLP) What the European Union has: The European Union General Data Protection Regulation (GDPR). It includes a "Right to be Forgotten," also known as the "right to erasure," a legal right established under Article 17 of the GDPR to give European Union citizens and residents the right to request the removal of their personal online data.
Private Investigators Private Investigators, Bail Enforcement Agents, Watch, Guard or Patrol Agencies and Security Guards Licensing Law, May 2020 (NYS Department of State)
Property and School Taxes Background of Property Taxes Property Type Classification and Ownership Codes (New York State Office of Real Property Services) Exemptions on School and Property Taxes Form RP-467: Application for Partial Tax Exemptions for Real Property of Senior Citizens (NYS Department of Taxation & Finance) Instructions for Form RP-467 (NYS Department of Taxation & Finance) Register for the STAR program Tax Lookup Net Videos: About Property Taxes and Assessments; Is Your Assessment Fair?; Contesting Your Property Assessment (NYS Department of Taxation & Finance on YouTube) Notes on Assessments and Contesting Them.
Prostitution See also Sex Trafficking From Impunity to Accountability (Coalition Against Trafficking in Women) Medical & Psychological Impact of Prostitution (New Yorkers for the Equality Model) The Costs of Fully Decriminalizing the Sex Trade (New Yorkers for the Equality Model) Harms, Legalization & Full Decriminalization Models (New Yorkers for the Equality Model)
Protests
Protests and pickets can be staged in public areas, such as streets, sidewalks, and parks. If protesters or strikers stay on the sidewalks, obey traffic signals, and do not block the normal movement of pedestrians and traffic, a permit shouldn't be needed. However, if a protest will block traffic or close streets, such as with a march; use amplifiers; or be held at certain parks or plazas, a permit may be required. While officials cannot restrict the content of speech, they can restrict the loudness of amplifiers. Sometimes, permits have to be applied for weeks in advance, and there is an exception when people "take to the streets" in response to breaking news. A permit may require the payment of an application fee, a security deposit for clean-up, and/or a fee to cover overtime police costs for permitted events. It is legal to distribute literature to pedestrians on public sidewalks, and to ask for donations, without a permit, as long as entrances and people are not blocked. A permit may be required to set up a table or another physical structure. Counter-demonstrators can also protest, but they cannot physically disrupt the event they are protesting. The police can keep the groups separated. The right to protest is protected by the First Amendment to the U.S. Constitution.National Lawyers Guild History of SLAPPS (Protect the Protest)
Psychiatry and Psychology Professions American Psychiatric Association American Association for Emergency Psychiatry American Psychological Association IFP: International Federation for Psychotherapy
Public Benefits United Nations Declaration of Human Rights 17 Benefits for Older New Yorkers 2016 (New York State Bar Association) Poverty Guidelines (U.S. Department of Health & Human Services) Benefits Cliff (Leap Fund, a non-profit) Single Stop: The mission of Single Stop, a non-profit, is to build pathways out of poverty by leveraging partnerships and technology to connect people to existing local, state, and federal resources, all through a unique one-stop shop. Food Stamp Guide 2011 (Hunger Solutions New York) The official name of Food Stamps is Supplemental Nutrition Assistance Program (SNAP) Supplemental Nutrition Assistance Program (SNAP) (NYS Office of Temporary and Disability Assistance) Farmers Market Nutrition Program (part of SNAP) (USDA) The Bureaucracy of Benefits: Struggling to Access Public Assistance and SNAP in New York City (Urban Justice Center Safety Net Project) Local Departments of Social Services (NYS Department of Health)
Public Health CDC A-Z Index (U.S. Centers for Disease Control and Prevention) New York State Department of Health Health Topics A to Z (NYS Department of Health) Principles of Epidemiology in Public Health Practice (U.S. Centers for Disease Control and Prevention) Clean Hands Protect Against Infection (World Health Organization) The Public Readiness and Emergency Preparedness Act (the PREP Act) (US Department of Health & Human Services) Plan Ahead for Disasters (Ready.gov, U.S. government website) Tick Report - free testing (University of Massachusetts)
Public Officials Ethics (Office of the NYS Comptroller) Report Misconduct of Public Officials (NYS Joint Commission on Public Ethics)
Public Utilities Home Energy Assistance Program (HEAP) (New York State Office of Temporary and Disability Assistance) Apply for Heating and Cooling Assistance (HEAP) (New York State) Energy Affordability Gap (2008-2010) (Low-Income Forum on Energy) Low Income Household Water Assistance Program - LIHWAP (NYS Office of Temporary and Disability Assistance) Public Utility Law Project (PULP): PULP represents the special needs of low income consumers before regulatory agencies where utility rates and policies are set, before state and local social services departments where utility and energy assistance programs are designed and administered, in courts where issues involving utility and energy-related rights and benefits are litigated, and in other forums where utility policy is considered. PULP also participates in FCC proceedings related to Lifeline rates, develops methods to increase telephone subscribership of low income households, and promotes access to advanced telecommunications services for low income and rural households and communities.
Public Work Frequently Asked Questions Regarding Public Work – Article 8, Section 220, NYS Labor Law
Purchasing or Selling a Home or Other Real Property See also Real Property Tips for First Time Home Buyers (NYS Attorney General's Office) Rent-to-Own and Land Installment Contracts (NYS Department of Financial Srevices) See also Land Contracts Religious Corporations: Sales and Other Disposition of Assets (NYS Attorney General's Office, Charities Bureau) Online GIS Parcel Data Resources (NYS GIS) How to Estimate the Market Value of Your Home (NYS Department of Taxation & Finance)
The Contract: May also be called a binder, receipt, purchase offer or agreement. It is usually prepared by the seller's real estate broker or attorney. Any one of these may constitute a binding contract requiring that the parties complete the sale. Once a contract has been signed, a party's rights and obligations are fixed concerning the transaction, so it is important that the parties understand the contract terms prior to signing. No matter what it is called, the contract should permit the purchaser to cancel the contract if financing cannot be obtained and provide for the return of the down payment if the sale falls through. The sample contracts and addendums below, like all contracts, are subject to modification by the parties to reflect their specific requirements. Purchase Contract used by most realtors in New York State (Multiple Listing Service - MLS). Purchaser makes an offer and it is sent over to the Seller for review and acceptance, declination, or counteroffer. Contract of Sale, which may be used with or without a realtor and/or attorney. Residential Contract (NYC Bar Association) Basic Addendum to Real Estate Purchase and Sale Agreement Addendum - Sale of Existing Residence Contingency Addendum - Lead Paint Testing Contingency Addendum - Purchaser Accepts Title Subject to Tenancies Addendum - Vacant Land Addendum - for FHA and VA mortgages Addendum - Uncapped Gas Well Addendum - Oil and Gas Leases Addendum - Schedule of Tenants Pre-Closing Occupancy Agreement for when the Purchaser wants to occupy the property prior to closing. Post-Closing Possession Agreement for when the Seller wants to remain in the property after the closing for a period of time, usually to find new accommodations. Sample Addendum following Inspection Escrow Release Authorization for when it does not work out. The Property Property Disclosure Notice (notice used until March 20, 2024, when the $500 remedy for not providing a disclosure became unavailable) As of March 20, 2024, Sellers must fill out a Property Condition Disclosure Statement (NYS Department of State) on sales of residential property, with limited exceptions as stated in Real Property Law §463. Agricultural Districts (NYS Department of Agriculture & Markets) Agricultural District Disclosure Form and Notice: required when property is wholly or partially in an agricultural district. Disclosure Form - Lead Paint (Environmental Protection Agency): required on sales of residential property. Affidavit re: Oil/Gas Lease Smoke Alarm & Carbon Monoxide Detector Disclosure Disclosure Form for Buyer and Seller (NYS Department of State): required when using a realtor. Real Estate Purchase Addendum contains other provisions a Purchaser or Seller may want in a contract. See also Easements See also Land Surveys Financing: See also Property and School Taxes State of New York Mortgage Agency (SONYMA) Your Home Loan Toolkit, a step by step guide (Consumer Financial Protection Bureau) Multi-Family Housing Direct Loans (United States Department of Agriculture Rural Development) Single Family Housing Direct Home Loans (USDA Rural Development) Single Family Housing Guaranteed Loan Program (USDA Rural Development) VA Home Loans (United States Department of Veterans Affairs) Wiring of Net Proceeds Agreement Title to Property The typical title search in New York State goes back forty (40) years. The typical tax search goes back five (5) years. For both, the issue is to ensure that any liens or other items on the title are cleared by or at the closing of a transfer/sale. Liens may be mortgages, home equity loans, judgments, unpaid taxes, or other claims recorded in the county clerk's office. Patriot Act and Bankruptcy searches of buyer and seller are also done. Tradition in the county determines whether the Seller or the Purchaser pays for the title search (a/k/a abstract of title) and tax search. However, that may be changed by the parties in the contract. For house purchases, searches include certificates of occupancy and municipal searches. New York Approved Search Providers (Investors Title Insurance Company) Deed Records explained (Delaware County Clerk's Office) Guides in reading old deeds: Handwriting (Script) and Land Measurements. NYC Properties Online - ACRIS (NYC Department of Finance) Properties Outside NYC (Search IQS) If a title company is used, they will record the transfer documents. Co-ops: Coop sales involve transfer of stock certificates and proprietary leases. There are no deeds. Parties to the Transaction: Individuals are required to produce official identification of who they are, usually satisfied by a driver's license. LLCs and Corporations, in addition to identification of their individual representatives, must produce the following to establish authority to sell or purchase real property: Articles of Organization, Operating Agreement, Certificate of Status (available from the NYS Department of State), and Resolution to sell or purchase. Joint Action Without Meeting of the Members, though all members sign. Other Considerations in Purchasing a Property: FEMA's Interactive Flood Map: Find out if a property is in a high, moderate, or low risk flood zone. Flood Factor: research a property's flood history (First Street Foundation) The National Flood Insurance Program Community Status Book: Search to see if the city or town participates in the NFIP. If a community does not participate in the program, a policy cannot be bought through the NFIP, but a policy may possibly be purchased through a private insurance company. Information on the Cost of Flooding (FEMA) Flood Insurance (FEMA) A Homeowner's Guide to Underground Heating Oil Tanks (NYS Department of Environmental Conservation) FAQs about Underground Storage Tanks (Environmental Protection Agency) Oil and Gas Lease Affidavit Boundary Line Agreement Transferring real property requires that three documents be filed with the Clerk of the County in which the real property is located: the deed, TP-584, and RP-5217. Check the website of the County Clerk for the filing fees. Every deed requires the clerk's cover sheet, which counts as one page when counting number of pages in a deed. The County Clerk subsequently scans the original deed into the official records. A number of County Clerks have discontinued the automatic return of recorded documents unless the recording is accompanied by a stamped self-addressed envelope. Judiciary Law §484 provides that no one, other than an attorney, may receive compensation for preparing deeds, mortgages, assignments, discharges, leases or other instruments affecting real estate. The Deed: Real Property Law §258 provides short forms of deeds, namely Deed with Full Covenants (Warranty Deed), Bargain & Sale Deed, Quitclaim, Executor's Deed, and Referee's Deed in Foreclosure. The Deed must be signed and acknowledged by the Seller(s) before a notary public. Real Property Law §§310-311 provides the required languages for authentication of acknowledgements made within and outside New York State. Acknowledgement Outside NYS The Different Types of Deeds Explained Sample Cover Sheet (Herkimer County) Sample Executor's Deed. Note how the legal description of the property is incorporated by a Schedule A. Often, legal descriptions are long and it is just easier to photocopy the description from the prior deed, title it as Schedule A, and attach it to the new deed for recording with it. The most recent prior transfer can then be stated -- the paragraph beginning "Being the same premises ..." Sample Quitclaim Sample Language - Right of First Refusal that can be incorporated into a deed. TP-584 Form (NYS Department of Taxation & Finance) TP-584: Guidelines for County Clerks, 2016 (NYS Department of Taxation & Finance) Article 31 of the NYS Tax Law sets forth the Real Estate Transfer Tax 2019 Changes to the Filing Requirements for the Real Estate Transfer Tax on Certain Conveyances Involving LLCs (NYS Department of Taxation & Revenue) Publication 576: Transfer or Acquisition of a Controlling Interest in an Entity with an Interest in Real Property (NYS Department of Taxation & Finance) RP-5217 Form (NYS Department of Taxation & Finance) RP-5217 Not required for transfers of individual cemetery plots, co-ops, easements, right-of-ways, and mineral rights (NYS Department of Taxation & Finance). RP-5217 Instructions & FAQs (NYS Department of Taxation & Finance) The TP-584 and RP-5217 forms must be accompanied by a document which lists the names and business addresses of all members, managers, and any other authorized persons of the Grantor and/or Grantee LLC. If any such member, manager, or authorized person of the LLC is a partnership or business entity, the document must also list the names and business addresses of all shareholders, directors, officers, members, managers, and partners of such partnership or business entity. If any of those parties is a business entity, again, it must list the names and business addresses of the interested parties of that partnership or business entity until full disclosure of ultimate ownership by natural persons is achieved. RP 5217 Guide for County Clerks (NYS Department of Taxation & Finance) Affidavit of No Information Reporting: for determining whether sale must be reported to the Internal Revenue Service using IRS Form 1099-S. Substitute 1099-S 2023 1099 Certification of Primary Residence Affidavit of Non-Foreign Person, required of Seller and kept in the files of whoever dispersed the sales proceeds. International Taxpayers: FIRPTA withholding (Internal Revenue Service) Clearing title to real property: Explanation of Mortgage, Judgment, Tax, Mechanic's and Materialmen's Liens (NYC Bar Association) Release of Judgment Lien NYS Tax Warrants & Liens (NYS Department of Taxation & Finance) Pub. 605: Release of Estate Tax Liens Procedure (NYS Department of Taxation & Finance) Release of Estate Tax Lien (NYS Department of Taxation & Finance) Title Insurance (NYS Department of Financial Services) - clear title, or the ability to clear title at the closing (sale), is required for title insurance. Lost Note Affidavit Release of Right of First Refusal 28 U.S.C. §2409a, Quiet Title Act, when the United States claims an interest in real property, other than a security interest or water right. (Cornell University LII) For sales of properties along with their life estates: See IRS Publication 1457: "Remainder, Income, and Annuity Examples ---- For One Life, Two Lives, and Terms Certain. For Use With Respect to Income, Estate, and Gift Tax Purposes, including Valuation of Pooled Income Fund Remainder Interests." When the Purchase/Sale Doesn't Go Through: Release on Contract for Real Property Cancellation and Release Nonprofits that may be of assistance: Habitat for Humanity is a global nonprofit housing organization working in local communities across all 50 states in the U.S. and in approximately 70 countries. Habitat’s vision is of a world where everyone has a decent place to live. Habitat works in partnership with families in need of decent and affordable housing. Habitat homeowners help build their own homes alongside volunteers and pay an affordable mortgage.
Racism and Race Relations Talking About Race: Being Antiracist (The Smithsoanian) The Race Card Project (Michele Norris)
Railroads Statewide Trails Plan - Rails to Trails (NYS Dept. of Parks & Recreation)
Rainwater Collection Rainwater Harvesting Regulations Map (Federal Energy Management Program)
RAP Sheet Record of Arrests and Prosecutions RAP Sheet Guide (NYS Division of Criminal Justice Services) Record Review (NYS Division of Criminal Justice Services) How to Get Your RAP Sheet (Cornell University Project for Records Assistance)
Real Property (a/k/a Real Estate) See also Purchasing a Home or Other Real Property. See also Short Term Rentals Adverse Possession 12 U.S. Code §1701j–3. Preemption of due-on-sale prohibitions: This federal law prevents a mortgage company from calling in a mortgage when title changes in certain situations, including transfers to the other spouse in a separation or divorce, to a co-owner or relative due to the death of the owner, and to children of the owner. Property Type Classification and Ownership Codes (NYS Office of Real Property Services) Overview of NYS Law on Non-Conforming Uses of Land (Pace University School of Law) General Obligations Law §9-103 states the law on "No duty to keep premises safe for certain uses; responsibility for acts of such users." (known as the "recreational use" statute) Landowner - User agreement for recreational use (NYS Department of Environmental Conservation) Posting Information for Landowners, Boaters, Fishermen and Hunters (NYS Department of Environmental Conservation) Agreement re: boundary line General Obligations Law §9-105 states the law on the "Right of entry for professional land surveyor performing surveying services." New York City Administrative Code Sidewalk Rules (NYC Department of Transportation)
Real Property Taxes The Real Property Tax Cycle (NYS Department of Taxation & Finance) How Real Property Tax Works (NYS Department of Taxation & Finance) The Job of the Assessor (NYS Department of Taxation & Finance) Fair Assessments (NYS Office of Real Property Tax Services) How to Estimate the Market Value of Your Home (NYS Department of Taxation & Finance) Reassessment: FAQs (NYS Department of Taxation & Finance)
Religious Corporations See Religious Corporations Law and Not-For-Profit Corporation Law Religious Corporations: Sales and Other Disposition of Assets (NYS Attorney General's Office, Charities Bureau) Sale of Church Real Property in the Episcopal Diocese of Long Island Sample Certificate of Incorporation Employer Identification Numbers ("EIN") (Internal Revenue Service)
Restaurants See Food Establishments
Roads NYS LTAP - Cornell Local Roads Program (Cornell University) Numerous Publications & Manuals (Cornell University)
Robert's Rules of Order Authored by General Henry M. Robert, 1915 Many agencies and boards follow these rules in conducting their meetings. Robert's Rules Online (RulesOnline.com) Robert's Rules of Order Revised, 1996 (Constitution Society)
Rules of the Road See also Driver's Licenses Vehicle and Traffic Law Title VII, Articles 23-34-B About the NYS Driver Point System (NYS Department of Motor Vehicles) Tickets, Points & Penalties (NYS Department of Motor Vehicles) Traffic Resource Center for Judges (National Highway Traffic Safety Administration-NHTSA and the National Center for State Courts-NCSC) Governors Highway Safety Association
Some Specific Rules: - - Licensee must notify DMV of change of residential address within ten days. NYS Motor & Vehicle Law §505(5). - - New York drivers are required to use their headlights one half-hour after sunset until one half-hour before sunrise. The headlights on a vehicle cover about 350 feet ahead of it. - - New York State does not have a "Dead Red" Light law, a law that would make it legal to go through a malfunctioning red light once the driver or biker has stopped and determined that it is safe to proceed. Sixteen states (Arkansas, California, Idaho, Indiana, Kansas, Minnesota, Missouri, Nevada, North Carolina, Oklahoma, South Carolina, Tennessee, Utah, Washington, Wisconsin, and Virginia) have such a law for motorcyclists and bikers, as motorcycles and bikes tend to not trigger a light. Three states (Ohio, Pennsylvania and Utah) also have a "dead red" light law for motor vehicles.
Sales & Use Taxes Sales tax applies to retail sales of certain tangible personal property and services. Use tax applies if you buy tangible personal property and services outside the state and use it within New York State. Products, services and transactions subject to sales tax. Quick Reference Guide for Taxable and Exempt Property and Services (NYS Department of Taxation & Finance) Publication 750: A Guide to Sales Tax in New York State (NYS Department of Taxation & Finance) Taxability of Drilling Test Wells and Associated Service (NYS Department of Taxation & Finance) Residential Energy Sources and Services (NYS Department of Taxation & Finance) Sales Tax Exemptions for Film & Video Production (Empire State Development) State Tax Warrant Notice System (NYS Department of State)
Savings Bonds Savings Bonds Basics (U.S. Treasury)
Scrap Processors NYS General Business Law Article 6-C
Search Warrants The Complete Search Warrant, Annotated, by Albert M. Rosenblatt (NYS Unified Court System)
Security Agreements See also Uniform Commerical Code Security Agreement - Goods and Chattel
Self-Employment See also Starting and Operating a Business National Domestic Workers Alliance
Self-Storage Facilities NYS Lien Law §182
Separation Agreements Sample Separation Agreement Sample Separation Agreement Language for Dividing Defined Contribution Plans
Service Animals See Pets Page - Service Animals Companion Animals (NYS Department of Agriculture & Markets) Canine Companions (non-profit)
Sex Trafficking Trafficking is a crime against a person, usually sex or labor. It may or may not involve smuggling of the person. National Human Trafficking Hotline (U.S. Department of Health & Human Services) Phone: 888-373-7888 Victims of Trafficking and Violence Protection Act of 2000, Public Law 106-386 (U.S. Congress) How Sex Trafficking Works (NY Equality Model) Report Cards on Child & Youth Sex Trafficking (Shared Hope International) Sanctuary for Families (non-profit) Operation Underground Rescue
Sexual Assault Project Callisto: a non-profit that creates technology to detect repeat perpetrators of professional sexual coercion and sexual assault. WomensLaw.org: nonprofit serving and supporting all survivors, no matter their sex or gender. RAINN: nonprofit providing information and assistance Coping International: Website for children of priests and religious. Me Too Movement: nonprofit with Girls for Gender Equality.
Sexual Harassment Note that definitions of "sexual harassment" may vary between laws, and therefore when one set of circumstances may meet the definition in one setting, it may not in another. Questions and Answers on the Title IX Regulations on Sexual Harassment, updated 2022 (U.S. Department of Education) Title VII Fact Sheet: Sexual Harassment Discrimination (U.S. Equal Employment Opportunity Commission) Questions and Answers: The Application of Title VII and the ADA to Applicants and Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking (U.S. EEOC) NYS Labor Law §201-g: Prevention of Sexual Harassment Sexual Harassment Prevention Tookkit for Employers (NYS Government) Model Complaint Forms (NYS Government) STOP Sexual Harassment in the Workplace: Know Your Rights (NYS Attorney General's Office) Time's Up (organization working to disrupt the status quo, level the playing field, and insist on safety for all)
Short Term Rentals Homeowners and landlords need to check local zoning laws to determine whether short term rentals are permitted in their municipality. Homeowners who belong to a homeowners' associaiton (HOA) need to additionally check their HOA rules. Renters need to additionally read their leases to determine whether their leases permit them to sublet. Topic 415: Renting Residential and Vacation Property (Internal Revenue Service) IRS Publication 527: Residental Rental Property (Including Rental of Vacation Homes) (Internal Revenue Service): "If you use a dwelling unit as a home and you rent it less than 15 days during the year, ... [y]ou aren't required to report the rental income and rental expenses from this activity."
Skiing Your Responsibility Code (National Ski Areas Association)
Smuggling Smuggling is a crime against a political border.
Snowmobiles NYCRR Title 9, Subtitle I, Chapter V, Subchapter B: Snowmobiles
Social Media See also Internet Deadly by Design - eating disorders (Center for Countering Digital Hate) Thinstagram (Tech Transparency Project)
Social Security Administration The United States Social Security Administration Frequently Asked Questions (Social Security Administration) Social Security Forms (Social Security Administration) Scammers Impersonate the Social Security Administration (Federal Trade Commission)
Reciprocity with Australia Social Security United States - Australian Social Security Agreement 2002 Totalization Agreement with Australia (Social Security Administration) Social Security Agreement Between Australia and the United States of America FAQs (Australian Government Department of Social Services)
Social Security - Disabiity SSI vs. SSDI (NAMI New York State) National Organization of Social Security Claimants' Representatives National Council of Disabiity Determination Directors Dictionary of Occupational Titles - has not been updated since 1991 with most as of 1977, but SSA still uses it Occupational Requirements Survey (U.S. Bureau of Labor Statistics) - an alternative or supplement to the Dictionary of Occupational Titles Benefits After Incarceration (Social Security Administration)
Social Security - Retirement Note that the Social Security Administration also handles Medicare applications for retirees. Medicare eligibility begins at age 65 and sign-up is automatic if you're already receiving Social Security benefits. If not, it's important to sign up sometime in the three months before your turn 65 through the three months following. Failure to do so can lead to expensive premium penalties, and there are few limited exceptions. How Work Affects Your Benefits (Social Security Administration) Benefits After Incarceration (Social Security Administration)
Social Security - Supplemental Income (SSI) 42 U.S.C. §1382 Amount of SSI is dependent on living arrangements; amount and source of any other income; and whether the state supplements the SSI amount. SSI vs. SSDI (NAMI New York State) Supplemental Security Income (SSI) and Eligibility for Other Government and State Programs (Social Security Administration) Benefits After Incarceration (Social Security Administration)
Social Security - Survivor's Benefits Survivor Benefits are paid to widows, widowers, and dependents of eligible workers. (Social Security Administration) If you are the survivor (Social Security Administration) Receiving Survivor Benefits Early (Social Security Administration) How Work Affects Your Benefits (Social Security Administration)
Solar Energy NYS Model Solar Energy Law (Sustainable CUNY)
Speed Zones Posting of speed limits within a school zone (New York State Department of Transportation) Sample Form - Speed Limit Petition
Starting and Operating a Business No matter which type of entity is formed, once it is formed, an Employer Identification Number (EIN) is needed. Employer Identification Numbers ("EIN") (Internal Revenue Service) Federal law requires employers to verify an employee’s eligibility to work in the United States. Within three days of hire, employers must complete an Employment Eligibility Verification Form (I-9) (U.S. Citizenship and Immigration Services). Completing this form requires you to examine acceptable forms of documentation supplied by the employee to confirm the employee’s citizenship or eligibility to work in the United States. In addition, all employers must report newly hired and re-hired employees to a state directory within 20 days of their hire or rehire date: New Hire (NYS Department of Taxation & Finance). Sexual Harassment Prevention Toolkit for Employers: Includes mandates for ALL employers, and also provides protection to independent contractors. (NYS Government) FAQs: Corporations and Business Entities (New York State Departement of State) See Civil Procedure Law & Rules §321(a) to determine whether a corporation or voluntary association must be represented by an attorney in order to prosecute or defend an action. See also Not-For-Profits
Sole Proprietorships: A sole proprietorship is owned by one person, and may have employees. A sole proprietor reports income and expenses on IRS Form 1040 Schedule C, and pays self-employment taxes on the net income. Sole Proprietorship: Disability Benefits (New York State Workers' Compensation Board) Corporations: Corporations are managed by their board of directors and officers, but owned by shareholders. As persons in control of the property of others, directors and officers are fiduciaries. As such, they owe fiduciary duties of care and loyalty. The duty of care requires fiduciaries to be aware of what is going on with the business and to make informed decisions. The duty of loyalty mandates that the business entity’s best interests take precedence over any personal interests. Corporations have many statutory requirements including board meetings, shareholder meetings, and election of directors. A corporation must file its own tax return, while its shareholders may have taxable dividends and/or capital gains/losses to report on their tax returns. A shareholder may be another corporation. Absent the shareholders adopting a buy-sell agreement, a shareholder can freely buy and sell shares. Forming a Business Corporation (New York State Department of State) File as a Foreign Corporation in New York State (New York State Department of State) Forming a Professional Service Business Corporation (New York State Department of State) Forming a Benefit Corporation (New York State Department of State) Business Corporation Law A corporation may elect, with the Internal Revenue Service, to be taxed as a "S" corporation. A "S" corporation is simply a corporation that has elected to be taxed as a partnership. The shareholders still receive the protections from liability given to corporations. An "S" corporation can have only one class of stock, and profits and losses are allocated based on proportion of ownership. Limited Liability Company (LLC): The owners of a LLC are called members, who own membership interests (not shares/stock). LLCs are a product of state laws, and are "a disregarded entity" by the Internal Revenue Service. If the LLC has not elected with the IRS to be treated as a corporation, a single member LLC is taxed as a sole proprietor (Form 1040 Schedule C) with the LLC being his/her dba. More than one member is taxed as a partnership. IRS Publication 3402: Taxation of Limited Liability Companies (Internal Revenue Service) Profits and losses may be allocated any way that the members desire; it does not have to be based on the amount of capital contributions contributed by each member. An LLC may have various forms of management, from member-managed, where the members manage the business of the LLC (similar to partnership), to manager-managed, where an outside manager would manage the business affairs of the LLC (similar to corporation). An LLC may also have multiple classes of membership interests. Each class of membership interests may have different rights. Forming a Limited Liability Company ("LLC") (New York State Department of State) Forming a Professional Service Limited Liability Company ("PLLC") (New York State Department of State) Limited Liability Company Law Sample LLC Articles of Organization Sample LLC Legal Notice Sample LLC Operating Agreement Sample LLC Operating Agreement. See LLC §417. Considerations. More LLC Operating Agreements Limited Liability Companies (New York State Department of Taxation & Finance) Limited Liability Companies (New York State Workers' Compensation Board) Professional Service Limited Liability Company (PLLC) (New York State Education Department, Office of the Professions) Partnerships Forming a Limited Partnership (New York State Department of State) Forming a Limited Liability Partnership ("LLP") (New York State Department of State) Partnership Law Sample Partnership Agreement (Cornell University) Partnerships (New York State Department of Taxation & Finance) Limited Liability Partnerships (New York State Department of Taxation & Finance) Limited Liability Partnerships (New York State Workers' Compensation Board) Assumed Names: General Business Law §130 Assumed names are also called "fictitious names," "doing business as names" and "trade names." These are names that a person or business elects to use in the course of business instead of a legal name. Choose Your Business Name (U.S. Small Business Administration) Certificate of Assumed Name (New York State Department of State) Certificate of Assumed Name (New York City Business) Consent to Filing with the Department of State (Assumed Name) (New York State Department of Education) Delaware County Clerk's Guide Assumed Name forms (Jefferson County) Assumed Name forms (Herkimer County) DBA Business Certificate (Delaware County Clerk's Office) Individual DBA Form (Otsego County Clerk's Office) Individual DBA Form (Albany County Clerk's Office) Taxes: LLCs and LLPs can elect to be treated as S Corporations for tax purposes. Taking the election does not change the structure of the business, but changes the way the taxes are filed. Instead of filing Schedule C on a personal tax return (single member LLC) or form 1065 (LLPs and multi-member LLCs), the business files a Form 1120-S. Must be a domestic business and file Form 2553. Review the documents on the IRS website for further information. Federal business taxes (Internal Revenue Service) Publication 15 (Circular E) - Employer's Tax Guide (Internal Revenue Service) Withholding state income taxes from employee paychecks (NYS Department of Taxation & Finance) Other state taxes and reporting requirements (NYS Department of Taxation & Finance) Disability Benefits Law Products, services and transactions that require the collection of sales tax. (NYS Department of Taxation & Finance) Common property tax exemptions for businesses Unemployment Compensation: Unemployment Compensation (New York State Department of Labor) NYS-50: Employer's Guide to Unemployment Insurance, Wage Reporting, and Withholding Tax (NYS Department of Taxation & Finance) Workers' Compensation Insurance What business owners must know about workers' compensation (NYS Workers' Compensation Board) Notice of Election of a partnership, LLP, PLLP, LLC, PLLC or sole proprietorship to bring partners, members, or self-employed persons under the coverage of the NYS Workers' Compensation Law (Election available if have employees) Federal Labor Laws: Form I-9: Employment Eligibility Verification (US Citizenship and Immigration Services) Labor Standards Information for New and Small Businesses (U.S. Department of Labor) Internship Programs Under the Fair Labor Standards Act (U.S. Department of Labor) Uniform Commercial Code: Uniform Commercial Code ("UCC") Frequently Asked Questions (NYS Department of State) UCC Regulations (NYS Department of State) Filing Under Article 9 of the UCC (NYS Department of State) Representation in Court: Considerations Resources: Starting a Business in New York State: A Guide to Owing and Operating a Small Business (NYS Empire State Development) Getting Started with my New York SBDC Business Advisor (State University of New York) Business Services (NYS Department of Labor) Free Business Counseling (U.S. Small Business Administration) Starting Your Business in Delaware County (Delaware County Clerk's Office) Help for Businesses to make sound environmental decisions (NYS Department of Environmental Conservation) Statistics on Labor Productivity and Injuries (U.S. Department of Labor, Bureau of Labor Statistics) Register a Game of Chance in New York State (New York State Department of State)
State Fair NYS Agriculture & Markets Law: Article 2-A, Division of the New York State Fair Prohibition against display of symbols of hate: NYS Public Buildings Law §146, NYS Agriculture & Markets Law §16(51) NYS Alcoholic Beverage Control §97-b, Sale of Alcoholic Beverages at the New York State Fair
State Government See links to New York State government departments, agencies and offices in side panel of this webpage. New York State Laws New York State Budget New York State Assembly bill search and legislative information (NYS Assembly) Sign up for Bill Status Alerts (NYS Senate) Rule Making Process (NYS Division of Administrative Rules) Open New York (NYS Governor's Offfice): Policies, programs and tools that provide public access to digital data for collaboration and analysis. Open Book New York (Office of NYS Comptroller): Data on local government spending, state contracts, state spending, state payments, and public authorities. See Through New York (Empire Center for Public Policy): Gives New Yorkers a clearer view of how their state and local taxes are spent.
State Historic Preservation Act Applicant's Guide to the State Historic Preservation Act (NYS Department of Environmental Conservation)
State Parks Applications and Permits (NYS Office of Parks, Recreation, and Historic Preservation)
Statute of Frauds
Requires certain agreements to be in writing in order to be binding.
General Obligations §§ 5-701, 5-703, 5-705.
Stepparents Adoption, Domestic Relations Law §115-b Liability for support, Family Court Act §445, Social Services Law §131-a
Student Loans U.S. Department of Education
Terms: Closed School Discharge: 34 C.F.R. §682.402(d) Death Discharge: 34 C.F.R. §682.402(b)(1) Deferments: 34 C.F.R. §682.210 False Certification Discharge: 34 C.F.R. §682.402(e) Forbearances: 34 C.F.R. §682.211 Rehabilitation: 34 C.F.R. §682.405 Total & Permanent Disability: 34 C.F.R. §682.402(c) Collection Costs following Default: 20 U.S.C. §1091a(b), 34 C.F.R. §682.410(b)(2), 34 C.F.R. §30.60 Fair Debt Collections Practices Act: Not applicable because guarantee agenies function as bona fide fiduciaries to the Education Department Federal Offset following Default: 34 C.F.R. §682.410(b)(6), 11 U.S.C. §553 Laches: Not applicable because of 20 U.S.C. §1091a Statute of Limitations - None: 20 U.S.C. §1091a(2)(B) Wage Garnishment Following Default: 34 C.F.R. §682.410(b)(6), 20 U.S.C. §1095a(a)(6) Repayment, Cancellation, Forgiveness & Discharge As Implemented: Federal (U.S. Dept. of Education) repayment plans New York State Loan Forgiveness Programs for NYS residents only (NYS Higher Education Services Corporation) Federal Programs for loan forgiveness, cancellation or discharge (U.S. Department of Education) Grounds for Discharge of Student Loans Outside Bankruptcy Student Loans in Bankruptcy NOTE: A discharge of student loan indebtedness in bankruptcy (Title 11 of the U.S. Code) has been and continues to be non-taxable, that is, the amount discharged is not includible in gross income, 26 U.S.C. §108(a). The American Rescue Plan now extends that exclusion from gross income to the cancellation/forgiveness/discharge of all student loans, public and private, which occur after December 31, 2020 and before January 1, 2026, H.R. 1319 §9675 (signed into law on March 11, 2021), 26 U.S.C. §108(f).College Scorecard (U.S. Department of Education) Private Student Loans: 2012 Report to Congress Retirement Delayed: The Impact of Student Debt on the Daily Lives of Older Americans (American Student Assistance) National Student Loan Data System National Council of Higher Education Resources Educational Credit Management Corporation
Suicide Prevention Dial "988" for nationwide Suicide and Crisis Lifeline About 988 (SAMHSA: Substance Abuse and Mental Health Services Administration, U.S. Department of Health & Human Services) 24/7 Crisis Hotline (The Trevor Project) American Foundation for Suicide Prevention Out of the Darkness Overnight Walks (American Foundation for Suicide Prevention Mental Health Resources for Underrepresented Communities (American Foundation for Suicide Prevention) 2022 National Survey on LGBTQ Youth Mental Health (The Trevor Project)
Supplemental Needs Trusts Overview - Supplemental Needs Trusts (Western New York Law Center) Sample Supplemental Needs Trust Step-by-step guide to enrolling in a pooled income trust for Medicaid spend-down (Western New York Law Center)
Supplemental Nutrition Assistance Program (SNAP) Apply for SNAP (New York State) Farmers Market Nutrition Program (part of SNAP) (USDA)
Supreme Court On the federal level, that is the U.S. Supreme Court, the highest court in the land. On the New York State level, it is a trial court. It was named supreme because of its extensive subject matter jurisdiction. See United States Supreme Court.
Surrogacy Child-Parent Security Act went into effect on February 15, 2021 (NYS Department of Health) Family Court Act Article 5-C Parentage Proceedings under the Child-Parent Security Act (NYS Unified Court System) Note that the Act does not apply if the surrogate and parent had sex to conceive; if the person came onto the scene after conception; and to international parties. Gestational Surrogates' Bill of Rights (NYS Department of Health)
Tax Preparers Directory of Federal Tax Return Preparers with Credentials and Select Qualifications (Internal Revenue Service)
Taxes (Federal) Copies of tax returns may be obtained from the Internal Revenue Service using Form 4506T-EZ To give someone a Power of Attorney/Declare a Representative, use Form 2848.
Taxes (State) Your Rights and Obligations Under the Tax Law (New York State Department of Taxation & Finance) Estate Taxes New York State Tax Warrants Search (New York State Department of Taxation & Finance) See also Real Property Taxes
Telemarketing Telephone Consumer Protection Act (Federal Communications Commission)
Timber Theft See Trees
Time The Uniform Time Act, U.S. Public Law §89-387 (U.S. Government Information) Does Daylight Saving Time Save Energy? (National Bureau of Economic Research) Daylight Saving Time: an American Academy of Sleep Medicine position statement.
Timeshares About Timeshares (NYS Attorney General's Office)
Titles Vehicle, Boat, & Manufactured Home Title Program
Traffic See also Rules of the Road
Trails New York-New Jersey Trail Conference, a volunteer organization.
Transgender Right to use school bathroom matching sexual identity: Parents for Privacy v. Dallas Schools (USDC OR 2018) Adams v. The School Board of St. Johns County, Florida (USDC FL 2018) Advocacy for Lesbian Gay Bisexual and Transgender (LGBT) Communities Clinic (Cornell Law School) Urban Justice Center Peter Cicchino Youth Project: Because up to 40% of homeless youth identify as lesbian, gay, bisexual, transgender, queer, or questioning (LGBTQQ), PCYP specializes in working with these young people. Through a blend of legal services, advocacy, case management, and community education, they work to ensure that homeless and street-involved youth have access to food, shelter, income, health care, legal immigration status, and education in New York City. NCTE Hate Crimes Manual: A Community Resource Guide (National Center for Transgender Equality) Gender Dysphoria Alliance LGBT Courage Coalition Therapy First Legal Basics for LGBTQ Parents by David Dodge, The New York Times, July 2, 2019.
Transport of Materials Transporting Gasoline and Diesel Fuel (NYS Department of Transportation) Waste Transporters (NYS Department of Environmental Conservation) Hazardous Materials Transporter (NYS Department of Labor) Get a Hazardous Materials (HazMat) Endorsement (NYS Department of Motor Vehicles)
Transportation E-Z Pass Getthere Programs: Getthere is a mobility management program of the Rural Health Network of South Central New York serving Broome, Chenango, Delaware, Otsego, and Tioga counties. Along with its partners, Getthere seeks to improve transportation access and coordination in the region, and particularly, in the rural communities. The Getthere Call Center is a one-stop one-stop source of help for those seeking assistance with transportation and mobility.
Travel
National
International Passports (US Department of State - Bureau of Consular Affairs) Passports may be applied for through some US Post Offices, which often have the abiity to take your passport photograph as well. Passports may also be applied for through the county clerk offices in New York State. Check the website of your county clerk's office for more information. Passports in New York State (NYS Department of Motor Vehicles) Carrier Information Guide (U.S. Customs and Border Protection) Sherpa, a non-government guide to travel identification requirements.
Treaties & International Agreements About Treaties & International Agreements (U.S. Department of State)
Trees Determining Whether Your Community Needs a Tree Ordinance (NYS Department of Environmental Conservation)
Timber Theft NYS Environmental Conservation Law §9-1501: Removal of Trees Timber Theft on Private Land (NYS Department of Environmental Conservation) Timber Theft in New York. A Legislative Briefing (NYS Senate) Timber Theft (New York Forest Owners Association)
Trusts A trust is a contract that includes three parties: The Settlor/Grantor, the Trustee, and the Beneficiary. A living trust is created during the Settlor's lifetime. A testamentary trust is created pursuant to a Last Will & Testament. A living trust is revocable or irrevocable. Reasons for Trusts: Estate tax efficiency; asset protection; alternative to probate; rules regarding contestability; family protection and guidance; post death objectives; charitable objectives; and special needs. Living Trusts (NYS Attorney General's Office) Sample Revocable Trust: Not used for Medicaid planning, nor to protect property from creditors. Sample Irrevocable Trust Sample Revocable Family Trust Without Marital Deduction Qualified Personal Residence Trust (Internal Revenue Service) Property held in trust is titled in the name of the trustee(s) and contains the following information: The name of the trustee, together with the words "trustee" or "as trustee" to indicate that the person named as trustee is serving in a fiduciary capacity; the name of the trust; and the date of the trust. This is because the trustee holds legal title to the property. The beneficiaries hold equitable title. See also Supplemental Needs Trusts
Unemployment File An Unemployment Claim (New York State Department of Labor) BLS Statistics on Unemployment (U.S. Department of Labor, Bureau of Labor Statistics)
Uniform Commercial Code The Code is a set of laws that regulate financial contracts and transactions across states. It is not a federal law, but a uniformly adopted state law either in whole or in part. Uniform Commerical Code (New York State Department of State)
Uniform Laws Uniform Law Commission (non-profit unincorporated association)
United Nations The United Nations United Nations Association of New York: UNA-NYC
United States Aid to Other Countries Foreign Assistance Dashboard (U.S. Department of State)
United States President Guidance on Presidential Records (National Archives)
United States Supreme Court Supreme Court of the United States website Supreme Court Historical Society Empirical SCOTUS: The blog is designed to look at contemporary and historical Supreme Court issues at an empirical level. Issues covered in the blog range from examining Supreme Court attorneys, the Justices, and other actors in the Court to analyzing decisions and oral arguments. Fix the Court: A nonpartisan, 501(c)(3) organization that advocates for non-ideological "fixes" to the federal courts, primarily the U.S. Supreme Court.
Utilities See Public Utilities
Vaccines Vaccine Records (NYC Department of Health) Why Immunize? (Centers for Disease Control and Prevention) What is Herd Immunity? (NOVA) Human Papillomavirus (HPV) Vaccines (National Cancer Institute - NIH) National Vaccine Injury Compensation Program (Health Resources & Services Administration, U.S. Dept. of Health & Human Services) National Childhood Vaccine Injury Act: Vaccine Injury Table (Centers for Disease Control) Bruesewitz v. Wyeth, LLC, 562 U.S. 223 (U.S. Supreme Court 2011) National Institutes of Health (U.S. Department of Health & Human Services) Centers for Disease Control and Prevention PubMed: Comprises more than 29 million citations for biomedical literature from MEDLINE, life science journals, and online books. Citations may include links to full-text content from PubMed Central and publisher web sites. (U.S. National Libary of Medicine, National Institutes of Health) Religious Objections to the Measles Vaccine? Get the Shots, Faith Leaders Say, by Donald G. McNeil, Jr., New York Times, April 26, 2019.
Variances - Land Use & Area See also Zoning Zoning Board of Appeals - Overview (NYS Department of State)
Veteran Benefits (Federal) VA Welcome Kit (Veterans Administration) Veterans Benefits Guide (Stars and Stripes) Help for Homeless Veterans (Veterans Administration) VA Facility Locator Clinical Contact Center Ready to Answer Veterans' Questions (U.S. Department of Veterans Affairs) National Resource Directory (NRD) (Defense Health Agency's Coordination Program): a resource website that connects wounded warriors, Service Members, Veterans, their families, and caregivers to programs and services that support them. VBA-21P-527EZ: Notice to Veteran of Evidence Necessary to Substantiate a Claim for Veterans Pension Benefits with necessary forms. Form VA 21P-0969: Income and Asset Statement in Support of Claim for Pension or Parents' Dependency and Indemnity Compensation (DIC) (Attachment to VA Forms 21P-527, 21P-527EZ, 21P-534, and 21P-534EZ) Form VBA-21-2680: Examination for Housebound Status or Permanent Need for Regular and Aid Attendance
Victim Assistance NYCRR Title 9, Subtitle M: Office of Victim Services NYCRR Title 9, Subtitle U, Chapter VI Fair Treatment Standards for Crime Victims (including human trafficking victims) Rules of the Chief Administrative Judge Part 129. Fair Treatment Standards for Crime Victims (NYS Unified Court System) The Rights of Crime Victims in New York State (NYS Office of Victim Services) Victims Rights and Resources (NYS Attorney General's Office) Crime Victims Resource Chart (NYS Attorney General's Office) New York Victims' Rights Laws (National Crime Victim Law Institute) Counseling & Medical Services (NYC Police Department) NYS Office of Victim Services Victim Assistance Program (NYS Office of Victim Services) 2019 Report of the Chief Administrator of the Courts on the Status of Fair Treatment Standards for Crime Victims (NYS Unified Court System) Office for Victims of Crime, U.S. Department of Justice: Resources to help crime victims. Victim-Witness Assistance Program (U.S. Department of Justice, Northern District of New York) U.S. Victims of State Sponsored Terrorism Fund
Voting US Public Law 89-110, Voting Rights Act of 1965 (US Government Publishing Office) Voting Rights Act (Encyclopedia Britannica) The Voting Rights Act (American Civil Liberties Union - ACLU) Register to Vote (NYS Board of Elections) Voter Registration and Poll Site Search (NYS Board of Elections) Absentee Voting (NYS Board of Elections) File a complaint about voting or poll access issues (NYS Attorney General's Office)
Wages U.S. Department of Labor, Wage & Hour Division Back Pay (US Department of Labor) Commissions (US Department of Labor) Educational Level and Pay (US Department of Labor) Garnishments (US Department of Labor) Government Contracts (US Department of Labor) Hazard Pay (US Department of Labor) Holiday Pay (US Department of Labor) Illegal Deductions (NYS Department of Labor) Last Paycheck (US Department of Labor) Mandatory Overtime for Nurses (NYS Department of Labor) Merit Pay (US Department of Labor) Minimum Wage - Federal (US Department of Labor): Sets the minimum to be paid nationwide. States may set a higher minimum, and New York State does. Minimum Wage - NYS (NYS Government) Minimum Wage for Farm Workers (NYS Department of Labor) Minimum Wage and Overtime Pay for Direct Care Workers (U.S. Department of Labor, Wage and Hour Division) Federal Poverty Guidelines (US Department of Health & Human Services) Living Wage Calculator (Massachusetts Institute of Technology) Overtime Pay (US Department of Labor) Recordkeeping and Reporting (US Department of Labor) Severance Pay (US Department of Labor) Subminimum Wage (US Department of Labor) Tips (US Department of Labor) Unpaid/Withheld Wages (NYS Department of Labor) Wage Supplements/Fringe Benefits (NYS Department of Labor) DOL Timesheet (iPhone, free app): Hourly employees can use this app from the U.S. Department of Labor to double-check their paychecks after recording their own hours in English or Spanish. Essentially, it’s used to record the hours an employee works, and it automatically calculates overtime at time-and-a-half the regular rate of pay.
Water Water Assistance Program 2022-23: Help for low income New Yorkers
Whistler-Blower A whistle-blower is a person who informs on a person or organization engaged in illicit activity. Whistleblower Policies Under the Nonprofit Revitalization Act of 2013 (NYS Attorney General's Office)
Wildlife How to Find a Wildlife Rehabiitator (The Humane Society of the United States) Animal Protection Index World Animal Protection Global Federation of Animal Sanctuaries Migratory Bird Treaty Act of 1918 (U.S. Fish & Wildlife Service) Fish and Wildlife Special Licenses and Permits (New York State Department of Environmental Conservation) Amphibian and Reptile Conservancy Bald and Golden Eagle Protection Act (American Eagle Foundation) Rex Brasher Association, artist who painted birds in their environments Happy Whale Project Feeder Watch (Cornell Lab of Ornithology, Canada) Bear Wise Interagency Grizzly Bear Committee
Wind Energy Great Lakes Wind Feasibility Study (NYSERDA)
Women's Rights Beijing +5 Political Declaration and Outcome (U.N. Women)
Workers' Compensation Go to the Administrative Proceedings Page.
Workplace Safety Robotics Standards (OSHA)
Zoning See also Variances Adopting Zoning for the First Time (NYS Department of State, Division of Local Government Services) Zoning and the Comprehensive Plan (NYS Department of State, Division of Local Government Services) Guide to Planning and Zoning Laws (NYS Division of Local Government Services) Model Local Laws to Increase Resilience (NYS Department of State, Office of Planning, Development, and Community Infrastructure) Zoning Board of Appeals (NYS Division of Local Government Services) Zoning Board of Appeals Overview (NYS Department of State) Zoning Board of Appeals Guide for Towns and Villages - 2011 (NYS Tug Hill Commission) Exploring Standards of Ethical Conduct for Members of Planning Boards and Zoning Boads of Appeals (NYS Department of State) Planning Board Basics - 2020 (NYS Tug Hill Commission) Planning Board Guide - 2015 (Syracuse University Environmental Finance Center) Governmental Immunity from Zoning (NYS Department of State) Site Plan Review (NYS Division of Local Government Services) Land Use Moratoria (NYS Department of State) Natural Gas Production and Municipal Home Rule in New York (Catskill Post) New York Planning Federation