Category: Media release

Category: Media release

← Back to Education

CHARLOTTE—The application period for the state Extra Credit Grant program has been extended. The deadline to apply is now December 7, 2020, at 2 p.m.

The Extra Credit Grant program provides eligible North Carolinians with a one-time grant of $335 to cover costs related to virtual schooling and childcare during the pandemic.

The state extended the application period because of a lawsuit brought by the law firm of Robinson Bradshaw on behalf of the Charlotte Center for Legal Advocacy and Legal Aid of North Carolina.

You only need to apply for the Extra Credit Grant program if all of the following statements are true:

  • You have not already received your grant
  • You have not already applied for the grant
  • You did not file a 2019 state tax return solely because your 2019 income was less than $20,000 for a married couple, $15,000 for a head of household, and $10,000 for a single person
  • You lived in North Carolina for all of 2019
  • You had at least one qualifying child who was age 16 or under in 2019

To learn more about eligibility:

Click here to apply for your Extra Credit Grant at 335forNC.com.

Category: Media release

← Back to Housing

RALEIGH—Legal Aid of North Carolina is suing state and county court officials to stop the issuance of eviction orders that violate both the nationwide eviction moratorium issued by the Centers for Disease Control and Prevention and Governor Cooper’s executive order affirming the CDC moratorium.

We filed the suit November 9 in Wake County Superior Court.

Links

Legal Aid is asking the court to stop Archie Smith, clerk of superior court for Durham County, from ordering county sheriffs to evict tenants who are protected by the CDC moratorium and the Governor’s Executive Order. We are also asking the court to order McKinley Wooten, director of the North Carolina Administrative Office of the Courts (AOC), and Nicole Brinkley, assistant counsel for the AOC, to direct all clerks of county courts to stop issuing writs of possession in such cases until a judge orders that a writ be issued.

The CDC moratorium temporarily prohibits the eviction of tenants who cannot pay their rent. To qualify for the moratorium’s protection, a tenant must submit to their landlord a declaration in which the tenant swears—under penalty of perjury—that they are protected by the moratorium. The agency issued the moratorium to keep people in their homes, thereby slowing the spread of COVID-19. The moratorium took effect September 4 and remains in effect through December 31.

Amidst widespread confusion about and noncompliance with the CDC moratorium, Governor Cooper issued Executive Order 171 on October 28. The executive order affirms that the moratorium applies to all residential tenants in the state and mandates that a landlord cannot request a writ of possession to evict a tenant who has submitted a declaration.

Nevertheless, the Administrative Office of the Courts directed clerks of county courts to issue writs of possession when the tenant has submitted a declaration to their landlord. This directive is contrary to both the CDC Order and the Governor’s executive order. Many clerks have followed the AOC’s directive, including Archie Smith in Durham, and have caused low-income residents who should be safe from eviction to become homeless.

Legal Aid filed the lawsuit on behalf of Durham residents facing eviction and a nonprofit advocacy group, Action NC. If the Durham residents are evicted, the tenants—a mother, her 3-year-old child and the child’s father—will become homeless, which will put them at increased risk of contracting and spreading COVID-19, all through no fault of their own. The mother and father lost their jobs during the pandemic.

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About
Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity. Learn more at legalaidnc.org.

Media contact
Sean Driscoll, director of public relations, 919-856-2132, seand@legalaidnc.org

Category: Media release

← Back to Fair Housing

RALEIGH · Legal Aid of North Carolina (LANC) announced today that it has settled housing discrimination complaints against the architects, builders, and owners of five apartment complexes located in the Triad area of North Carolina. The five complaints, which our Fair Housing Project filed with the U.S. Department of Housing and Urban Development (HUD), alleged that the respondents failed to design and construct the complexes to make them accessible to persons with disabilities in compliance with the federal Fair Housing Act (FHA).

The complaints identified a number of alleged violations of FHA accessibility requirements in individual ground floor units as well as in common and public use areas. The respondents in the cases denied the allegations.

The complexes involved are: Brightwood Crossing Apartments, located in Whitsett; Chamberlain Place Apartments, located in Clemmons; Granite Ridge Apartments, located in Greensboro; Lafayette Landing Apartments, located in Jamestown; and Robinhood Court Apartments, located in Winston-Salem.

As a result of the conciliation agreement signed by the parties and approved by HUD on October 5, 2020, accessibility modifications will be made in 325 ground floor units, as well as in common areas in each of the properties. The respondents have estimated the cost of the modifications will be $1.3 million.

The agreement sets forth detailed requirements for the Respondents to undertake a wide variety of remediations, including:

  • Provide accessible routes to certain buildings with apartment units
  • Replace door hardware on unit entrance doors and on interior doors
  • Retrofit kitchens to provide adequate clear floor space at the sink, range, and refrigerator
  • Retrofit the bathroom sink cabinets to allow adequate clear floor space
  • Ensure that thermostats, light switches, and least one electrical outlet in each room meet required height accessibility requirements
  • Upon request of a tenant with a disability, install grab bars in bathrooms
  • Retrofit doors within clubhouses and similar common areas
  • Retrofit garages to comply with accessibility requirements
  • Reassign mailboxes to increase accessibility
  • Retrofit laundry rooms to provide accessible routes and door hardware
  • Reposition or make changes in the access to playgrounds, pool areas, volleyball and tennis courts, dog parks, and other recreation areas so they have accessible routes

In addition to the accessibility modifications, employees of the builders, architects and owners with direct responsibility for the design and construction of covered multi-family dwellings will undergo training on relevant sections of both the Fair Housing Act and Americans with Disabilities Act.

Jeffrey Dillman, co-director of the Fair Housing Project, noted that the accessibility provisions of the Fair Housing Act are of great importance to people with disabilities, stating, “Accessible housing is an essential means of ensuring that people with disabilities are able to fully participate in the community. Designers and builders must ensure that housing meets these modest federal accessibility requirements, in addition to state and local codes.”

The cases were filed with HUD in June 2017. The cases arose from accessibility testing performed by Legal Aid’s Fair Housing Project, which uncovered the alleged violations.

The Fair Housing Act prohibits discrimination in housing because of disability. Among other things, it requires all multifamily housing constructed after March 13, 1991, to have basic exterior and interior accessibility features. The requirements apply to units, as well as for public and common use areas, such as a leasing office, clubhouse, parking, dumpsters, mailboxes, picnic areas, and other site features or amenities.

The respondents in the case are BSC Holdings, Inc., Chamberlain Place Apartments, LLC, Granite Ridge Investments, LLC, Robinhood Court Apartment Homes, LLC, Lafayette Landing Apartments and Villas, LLC, Brightwood Crossing Apartments, LLC, Salem Commercial Contracting, L.L.C., dBF Associates, Architects, Inc., Windsor Contracting, LLC, and Erskine-Smith Architecture, PLLC.

Legal Aid was represented in these cases by Jack Holtzman, an attorney with the North Carolina Justice Center, a public interest law firm located in Raleigh. Legal Aid of North Carolina’s involvement in this litigation was made possible in part by a grant from the U.S. Department of Housing and Urban Development’s Fair Housing Initiatives Program.

Individuals may obtain information about fair housing by contacting the Fair Housing Project of Legal Aid of North Carolina at (855) 797-3247.

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Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and remove legal barriers to economic opportunity. Legal Aid’s Fair Housing Project works to eliminate housing discrimination and to ensure equal housing opportunity for all people through education, outreach, public policy initiatives, advocacy and enforcement.

The work that provided the basis for this publication was supported in part by funding under a grant with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the federal Government.

Media Contact

Sean Driscoll, Director of Public Relations, 919-856-2132, SeanD@legalaidnc.org

Category: Media release

WILMINGTON—Our Wilmington office and the New Hanover County Bar Association have honored 33 attorneys and one law firm for providing pro bono legal services to our clients from September 2018 to September 2020. The volunteers were honored October 9 during the New Hanover County Bar Association’s annual meeting. The full list of honorees is below.

James L. Seay, III, an attorney with the Seay Law Firm, received the Addison Hewlett Jr. Award for exceptional pro bono legal services for his successful representation of Legal Aid clients in complex landlord-tenant litigation. His name will be added to a plaque in the New Hanover County Courthouse.

Addison Hewlett Jr. was a respected Wilmington lawyer who was elected president of the New Hanover County Bar Association in 1948. “Mr. Hewlett was a defender of the rights of the common man,” reads his bio on the website of Hewlett, Collins and Allard, LLP. “He never let a just cause go unchampioned. He never declined when the person could not pay a fee.”

Honorees

Attorneys

  • Christopher K. Behm
  • Stephen J. Bell
  • Jillian C. S. Blanchard
  • Gina D. Cecil
  • Katherine A. E. DeLaura
  • Kathleen L. Eaton
  • Jamie S. Getty
  • Preston B. Hilton
  • Mark J. Ihnat
  • Alicia R. Johnson
  • Andrew R. Jones
  • Emily C. Jones
  • Heather D. Kaemmer
  • Gregory A. Kleva, III
  • Paula A. Kohut
  • Steven M. Laird
  • Sara E. Leopold
  • Miles C. Lindley
  • Aaron D. Lindquist
  • Marco P. Locco, Jr.
  • Jean S. Martin
  • Sarah E. Morin-Gage
  • Kyle J. Nutt
  • Susan Polizzotto
  • Jennifer M. Roden
  • James L. Seay, III
  • Gary K. Shipman
  • Paul R. Smith
  • Robert A. Solano
  • Miriam M. Thompson
  • Sandra D. Watts
  • William G. Wright
  • Thomas J. Zamadics

Law firm

  • Shipman & Wright, LLP

Category: Media release

← Back to Healthcare Access

Raleigh—NC Navigators are here to help North Carolinians safely enroll in affordable health insurance plans via HealthCare.gov during the Affordable Care Act’s eighth open enrollment period, which starts Nov. 1 and runs through Dec. 15.

Throughout open enrollment, North Carolina consumers can call 1-855-733-3711 (toll-free) or visit ncnavigator.net to schedule a free, confidential, remote appointment with a certified NC Navigator in their area.

Fast Facts

  • Act fast! Time is limited! Open enrollment runs from November 1 to December 15.
  • Call or click for assistance! Toll-free: 1-855-733-3711, Online: ncnavigator.net
  • Coronavirus is covered! Testing and treatment for Coronavirus is covered in all Health Insurance Marketplace plans!
  • Financial assistance is available! Nine in 10 North Carolinians enrolled in a HealthCare.gov plan receive financial assistance. Navigators can help consumers determine eligibility for financial assistance.

In order to provide high quality assistance while maintaining health and safety during the pandemic, consumers will be able to book enrollment appointments that will be held via telephone or online web conferencing. In-person enrollment opportunities will be limited this open enrollment period. Check out the events calendar on ncnavigator.net for a current list of web-based and limited in-person events.

NC Navigators are trained to help consumers enroll in coverage on the Health Insurance Marketplace at HealthCare.gov, the online storefront that consumers can visit to browse and enroll in affordable, comprehensive health insurance plans. NC Navigators can help consumers understand the details of the plans available on HealthCare.gov, determine their eligibility for financial assistance, and provide unbiased support in completing the enrollment process.

“We want consumers to know that health coverage is more important than ever during this pandemic and assistance by a navigator is needed more than ever for so many. We are here to help in a safe and socially distant way during this open enrollment period,” Mark Van Arnam, director of the Consortium, said.

“Nine in ten North Carolinians who enrolled in a HealthCare.gov plan during the last open enrollment period received financial help that lowered the monthly cost of their coverage to an average of less than $61.00. Our navigators are ready to help consumers accurately determine if they are eligible for financial assistance and, if so, help them enroll in a quality, affordable health insurance plans that is the right fit for their needs and their budget.”

About

The NC Navigator Consortium is a group of six health care, social service and legal aid organizations that helps North Carolina consumers enroll in affordable, comprehensive health insurance plans on HealthCare.gov, the Health Insurance Marketplace established by the Affordable Care Act. Members of the consortium are Access East, Charlotte Center for Legal Advocacy, Council on Aging of Buncombe County, Cumberland HealthNet, HealthNet Gaston, and Legal Aid of North Carolina, which leads the consortium. The consortium is funded in part by the Centers for Medicare and Medicaid Services, the Kate B. Reynolds Charitable Trust and Cone Health Foundation. Learn more at ncnavigator.net.

Legal Aid of North Carolina is a statewide nonprofit law firm that provides free civil legal help to low-income and vulnerable North Carolinians. Learn more at legalaidnc.org or follow us on Facebook, Twitter and YouTube.

Media contact

Mark Van Arnam, Director, NC Navigator Consortium, 704-785-0839, MarkV@legalaidnc.org

Category: Media release

← Back to Disaster Relief

For North Carolinians that are still in the recovery process from a past hurricane and those preparing for the next one, clarifying homeownership is an important aspect of accessing recovery assistance. On September 22 and 23, Legal Aid of North Carolina is hosting free remote information sessions that will discuss how Legal Aid may be able to help with disaster recovery including assisting with clarifying ownership of property.

“Even if someone has been living in the same home their whole life, they may lack the documentation of ownership that many disaster relief organizations and programs require,” said Lesley Albritton, managing attorney of Legal Aid’s disaster relief project. “These information sessions are an opportunity for North Carolinians to learn about how Legal Aid can help during the disaster recovery process.”

Organizations and programs that help with repairs or replacements after a disaster require clear ownership of land. This includes state programs, such as ReBuild NC’s Homeowner Recovery Program. Some kinds of ownership make it harder to get assistance. For example, if someone is living on land owned by a now-deceased parent or grandparent who did not have a will, the fact that the deed is in someone else’s name or that the property has multiple potential heirs may prevent a storm survivor from accessing recovery assistance.

These information sessions will focus on how a person seeking disaster relief assistance can clarify their homeownership. This will include discussing what it means to live on heir property and how creating family trees can help to locate potential co-owners. Legal Aid can help eligible clients clarify ownership in advance of seeking relief assistance.

The information sessions can be accessed through the call-in numbers listed below, or by registering to view it as a video webinar at www.legalaidnc.org/disasterinfo. The presenters will answer general questions at the end of the presentation. Those with specific questions should call the Legal Aid helpline at 866-219-5262 or visit legalaidnc.org/apply to learn about eligibility for Legal Aid’s services and to get assistance.

More information about these information sessions and Legal Aid NC’s other disaster relief work can be found at the Disaster Relief section of our website.

Category: Media release

← Back to Housing

RALEIGH—Up to 40 million U.S. renters may face eviction by the end of the year due to the economic downturn caused by the pandemic. People of color, including Black and Hispanic tenants, represent 80% of people potentially facing eviction once federal rental protections end, according to research from the Aspen Institute and the COVID-19 Eviction Defense Project.

While the Centers for Disease Control (CDC) issued a temporary moratorium halting the eviction of tenants who cannot pay rent through the end of the year, the moratorium requires that tenants must still file a federal declaration form to be eligible for the eviction protection. Additionally, tenants are obligated to navigate varying state laws and local legal proceedings.

Legal Aid of North Carolina today announced a $300,000 grant from the Wells Fargo Foundation which will enable Legal Aid to provide free or low-cost legal assistance and representation for North Carolinians disproportionately affected by COVID-19 and at risk of eviction.

“Lack of legal representation for low-income people is a glaring equity gap,” said Rulon Washington, community outreach manager with the Wells Fargo Foundation. “We believe supporting efforts to provide low-income renters at risk with legal assistance is an important step in helping the most vulnerable people stay housed.”

Harvard researchers found an estimated 90% of landlords have legal representation, while only 10% of tenants do, putting them at a significant disadvantage. However, two-thirds of tenants with legal representation are more likely to avoid an eviction judgment and remain in their home.

“Simply having a lawyer by their side can make all the difference between a tenant staying in their home or being out on the street,” said Yolanda Taylor, managing attorney of Legal Aid’s Wilson office. “Increasing the ability of tenants to access free legal help is critical during this crisis, and support from all sectors is vital to ensuring that such help is available. Ensuring housing stability is one way that institutions can contribute to the restorative economics of those who have faced systemic barriers to economic opportunity. By working together, we can make sure that struggling families stay where they belong—at home, safe and sound. We appreciate Wells Fargo’s recognition of the importance of this work.”

As part of its $175 million response to COVID-19, the Wells Fargo Foundation has made more than 1,200 grants in support of national and local nonprofits to help keep people housed.

The Wells Fargo Foundation efforts to address the housing affordability crisis in response to COVID-19 includes expanding the capacity of housing counselors to respond to renters and homeowners, supporting nonprofits that provide affordable rental homes and services, and funding for legal assistance organizations to provide legal counsel and representation for renters at-risk of eviction. These efforts are part of the Wells Fargo Foundation’s $1 billion philanthropic commitment to address housing affordability solutions by 2025 by investing in strategies to advance housing stability, increasing supply of affordable homes; expanding homeownership opportunities for people of color; and driving transformation and innovation in local communities.

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About Legal Aid of North Carolina

Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity. Learn more at legalaidnc.org. Follow us on Facebook, Twitter and YouTube.

About Wells Fargo

Wells Fargo & Company (NYSE: WFC) is a diversified, community-based financial services company with $1.97 trillion in assets. Wells Fargo’s vision is to satisfy our customers’ financial needs and help them succeed financially. Founded in 1852 and headquartered in San Francisco, Wells Fargo provides banking, investment and mortgage products and services, as well as consumer and commercial finance, through 7,300 locations, more than 13,000 ATMs, the internet (wellsfargo.com) and mobile banking, and has offices in 31 countries and territories to support customers who conduct business in the global economy. With approximately 266,000 team members, Wells Fargo serves one in three households in the United States. Wells Fargo & Company was ranked No. 30 on Fortune’s 2020 rankings of America’s largest corporations. News, insights and perspectives from Wells Fargo are also available at Wells Fargo Stories.

Additional information may be found at www.wellsfargo.com | Twitter: @WellsFargo.

Media contact

Sean Driscoll, Director of Public Relations, Legal Aid of North Carolina, 919-856-2132, seand@legalaidnc.org

Category: Media release

← Back to Housing

RALEIGH—The Wells Fargo Foundation announced on September 24 that it had donated $5.4 million to 15 organizations around the country, including Legal Aid of North Carolina, to provide legal help to COVID-affected renters who are facing eviction.

We thank the foundation for supporting our housing work at this critical time. Legal help can make all the difference between tenants staying in their homes or being out on the street. Support from all sectors is crucial in the fight against eviction.

Read the Wells Fargo press release to learn more.

Category: Media release

← Back to Government Benefits

Durham—Legal Aid of North Carolina’s Durham office will launch its annual Nellie Kearney Real Life Series tomorrow at 7 p.m. The series of three legal-education presentations will cover important, timely, real-life legal topics like eviction, government benefit programs and tax filing.

The presentations will provide participants with general legal information, not specific legal advice. People who have questions or need advice about a specific legal situation should call our statewide toll-free helpline at 1-866-219-5262 or submit an online application at legalaidnc.org/apply.

All sessions are completely free and open to all North Carolinians. Details for the individual sessions are below.

The series is named in honor of Nellie Gray Kearney, a Vance County native who has helped educate communities in her hometown and throughout North Carolina about their rights, responsibilities and opportunities.

Eviction: What you should do when you get an eviction notice

  • Date: Thursday, September 17
  • Time: 7:00 PM
  • Call-in number: 1-866-295-5950
  • Participant code: 3107154

Update on Medicaid, EBT and Social Security

  • Date: Thursday, September 24
  • Time: 7:00 PM
  • Call-in number: 1-866-295-5950
  • Participant code: 3107154

Getting ready for tax filing

  • Date: Thursday, October 1
  • Time: 7:00 PM
  • Call-in number: 1-866-295-5950
  • Participant code: 3107154

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About

Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity. Learn more at legalaidnc.org. Follow us on Facebook, Twitter and YouTube.

Media Contact

Sean Driscoll, Director of Public Relations, 919-856-2132, seand@legalaidnc.org

Category: Media release

← Back to Education

RALEIGH—Legal Aid of North Carolina’s systemic state complaints against Guilford County Schools and Vance County Schools have been resolved. The complaints, filed on May 29 with the N.C. Department of Public Instruction, allege that the school systems violated federal and state law by failing to provide special-education services to minor students with disabilities while they were incarcerated in adult jails.

Legal Aid of North Carolina’s education-justice unit, Advocates for Children’s Services, filed the complaints on behalf of three high school students—two in Guilford County and one in Vance County—who allege that they received no educational services whatsoever while they were incarcerated.

The Guilford County complaint was resolved via confidential agreement with Guilford County Schools. The Vance County complaint was resolved via an investigation by the N.C. Department of Public Instruction. More information, including links to documents, follows.

Guilford County

Legal Aid was pleased with the opportunity to work with Guilford County Schools (GCS) to advance policies and procedures, some of which were already underway by the district, that will enable GCS to improve services for incarcerated students with disabilities by:

  • Reviewing and revising current procedures to require that all GCS students with disabilities incarcerated in any Guilford County jail receive appropriate special educational services;
  • Designating an employee to be responsible for ensuring legally compliant special educational services for students incarcerated in local jails for more than ten school days as well as continuity of educational services when the students exit from local jails;
  • Training special education staff regarding appropriate special educational services for incarcerated students; and
  • Conducting an internal audit for the 2019-2020 school year to determine whether special education services and related safeguards were properly afforded to GCS students with disabilities who were incarcerated in local jails for more than 10 school days and had an Individualized Education Program (IEP) during incarceration.

Moving forward, it is the hope and desire of both GCS and Legal Aid to continue to look for opportunities to collaborate for the benefit and support of incarcerated students with disabilities.

Learn more

Vance County

The N.C. Department of Public Instruction’s investigation into our complaint uncovered widespread violations of the rights of incarcerated students with disabilities in Vance County Schools (VCS). The department has mandated VCS to follow a corrective action plan, which includes:

  • Various trainings for staff, not only regarding incarcerated students but also various general procedural requirements for students with disabilities;
  • Development of procedures to serve students incarcerated in the local jail;
  • Compensatory education for the named student in the complaint; and
  • Identification of eligible students who were incarcerated without services with the named complainant for the purposes of providing them with compensatory education.

A parent involved with the VCS complaint stated, “I’m grateful that this situation got resolved. I’m glad that the decision will help my son to get the skills he needs to be a productive citizen, and I’m just as glad that it will help other kids in his situation to do the same.”

Learn more

Tessa Hale, lead attorney for the cases, expressed satisfaction with outcomes in both counties, stating, “As the country turns its gaze towards the criminal justice system, we must confront every way in which our youth get funneled into the system without hope of making a successful exit. Providing them with the education they are legally entitled to is a positive step towards making sure that incarceration does not become a dead end for students.”

The resolution of these complaints comes at a time when the population of youth incarcerated in adult jails has shrunk significantly. As a result of a new state law which went into effect on August 1, 2020, no more minors will be held in adult jail. Still, because the right to special education continues for students who are 18 to 21 and have not yet graduated, both the developments in GCS and VCS will help ensure that eligible incarcerated students at all stages receive the special education services they are entitled to. Further, some students who may be identified through audits and who were improperly served before the law was passed will now be entitled to remedies.

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About

Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity. Legal Aid’s Advocates for Children’s Services project seeks to end North Carolina’s school-to-prison pipeline by defending the rights of low-income children in public schools.

Media Contact

Sean Driscoll, Director of Public Relations, 919-856-2132, seand@legalaidnc.org