ANNUAL REPORT

2017

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The IOLA Fund

The IOLA Fund ("IOLA") supports non-profit organizations inNew York State that provide legal assistance to low-incomepeople and improve the administration of justice for groupsunderserved by legal services. IOLA was established as a public body by the State of NewYork in 1983, with the support of the New York State BarAssociation. It is governed by an independent Board ofTrustees appointed by the governor, legislative leaders and theChief Judge of the State of New York. IOLA's revenue is derived from interest on attorneys' IOLAescrow accounts that hold pools of client money that individuallyare too small or expected to be held too briefly to generatesufficient income to justify the expense of administering asegregated account for the client's benefit. Approximately45,000 IOLA accounts are open at 180 banking institutions inthe state. Since it was established in the 1980s, through the $48 million inrecent grants issued in 2017, IOLA has awarded over $471million. Over that period the amount awarded each year hasfluctuated, often considerably, because IOLA's revenue islargely driven by prevailing bank interest rates.

Legal Services Providedby IOLA Grantees

cases closed

people received helphandling their legalproblems on their own("pro se")

people received legalinformation & training

In 2017* alone...

IOLA grantees provide legal assistance and information to avariety of low-income, at-risk, or other populations that havedifficulties accessing the legal system.

IOLA grantees help thousands of New Yorkers get the legaladvice they need to lead lives free of legal worries.

326,000+ 669,000+ New Yorkersbenefitted

5.4 million

3.1 million

9,722

29,420

35,244 Veterans ImmigrantsVictims of

Domestic Violenceor Elder Abuse

Including...

*NYS Fiscal Year 2017, reflecting 4/1/16 - 3/31/17

Legal Cases Closedand

Housing  

Family Law  

Income Maintenance

Immigration

Miscellaneous

Education

Consumer

Health

Employment

Individual Rights

Juvenile

CasesClosed

PeopleBenefitted

81,056

198,255

53,925

83,361

34,714

78,298

51,734

110,938

30,320

56,304

18,695 32,427

20,167

36,854

15,503

35,481

11,734 25,003

5,178

8,172

3,617

4,416

New Yorkers Benefitted

326,643

669,509

cases

people benefitted

Direct Legal ServicesThe cornerstone of many IOLA grantees are the direct legal services they provide to lowincome or otherwise needy New Yorkers. The below stories are representative of theimportant work being done to help the State's most vulnerable.

Children Long Island Advocacy Center (LIAC) has been working with Tiffany since the summer of 2015. At thetime, she was experiencing significant anxiety which manifested not only in school phobia, but also aninability to even leave her house or her room. When LIAC started working with this family, she had notattended school in over a year. The school district had called Child Protective Services on the motherseveral times, made harassing unannounced home visits, and on several occasions, told the motherthat her daughter desperately needed psychiatric hospitalization. However, the district never referredTiffany to the Committee on Special Education (CSE) nor did they appropriately respond to hermother's request for help.

HousingLuisa was 29 when she was diagnosed with breast cancer. She had just moved into a new apartmentin the Bronx with her husband Carlos and their five children. Luisa began aggressive cancer treatment.Carlos had been working but soon lost his job; he was missing work to care for his family. Although theirapartment was affordable by NYC standards, they had trouble paying rent after Carlos lost his job.Luisa speaks Spanish only, so a bilingual attorney immediately met with Luisa and her husband at theirhome. She first reviewed their Public Assistance and SNAP benefits to ensure that they were receivingthe correct amount. After many obstacles, including a judgment for eviction obtained without propernotice, the attorney got the case back in front of the Housing Court. Somehow, she convinced thelandlord to offer a new lease with a lower monthly rent, so that the family would be eligible for a NYChousing subsidy. The attorney then helped the family apply and get approved for the subsidy and obtainfunds to pay the thousands of dollars of arrears they owed by that point. Luisa and her family were ableto stay in their apartment, with affordable rent.

Nearly a year later, Luisa called back. They were still in the apartment and she was still in treatment forcancer. Unfortunately, her building had been sold and the new owners were not taking care of thebuilding or the tenants. The apartment had serious conditions that needed repair including mold andvermin. Luisa and her husband tried to get the new owners to fix these problems and began withholdingtheir portion of rent when no repairs were made. Instead of fixing the problems, the new landlord suedfor eviction due to nonpayment of rent. The Family Center attorney stepped back in, filing an answerwith defenses, demanding repairs and a rent abatement, and won. After several court appearances, thelandlord made the necessary repairs, including hiring a specialized exterminator. Luisa and her familyare still in their home, with no arrears.

A LIAC attorney submitted a complaint on behalf of the mother and aLIAC advocate started to work the Special Education process. Duringthe remainder of the 2016 school year, Tiffany was found eligible forSpecial Education services and was placed on Home Instructionthrough the CSE as recommended by the district’s psychiatrist. Subsequently, with intervention by the LIAC advocate, the CSErecommended a program for Tiffany which was close to their home,very small in size, and therapeutic in nature. Tiffany was accepted intothis program, the family toured the building, and the CSE reconvened tomake this her official IEP placement.

After almost three years of not being inside any school building for an education, this student started toattend school in her new placement. Since February 2017, the student has had consistent weeklyattendance at school and has even participated in school field trips. She has learned significant copingskills, gained insight and awareness into her anxiety, and is learning how to manage her feelings.

Immigration

Maysoon, a 30-year-old woman from Iran, had been studying at a university in the UnitedStates under a valid and current F1 student Visa. Maysoon took a trip home to Iran tovisit family prior to the issuance of the President Trump’s Executive Order (or “TravelBan”) on January 27th. When flying to John F. Kennedy International Airport (JFK) on the28th, she was detained and told that her student visa was being revoked. Maysoon’sfriends contacted attorneys from The Legal Aid Society who were at the airport. Togetherwith a pro bono attorney, the Society prepared and filed an individual Habeas Petitionwith the United States District Court in the Eastern District of New York on Maysoon’sbehalf. Despite the judge signing a stay, Maysoon was shackled and brought onto aplane that taxied out for takeoff. The Society contacted the United States Attorney’sOffice for the Eastern District of New York, who contacted U.S. Customs and BorderPatrol and ordered that the plane be turned around so Maysoon could disembark.

SeniorsSaul is a blind 75-year-old Holocaust survivor suffering from numerous medicalproblems. Despite multiple requests by his physician, the managed care companyrefused to increase the hours of care they provided Saul. A NYLAG elder law attorneymet with Saul at his home and counseled him on the appeals process. She requested afair hearing on his behalf with full representation so that Saul did not have to travel toand appear at the administrative agency hearing.

The attorney worked closely with Saul's doctor tocollect medical evidence and to prepare writtentestimony from his current home health care aidesabout the level of care he needed. As a result, prior tothe scheduled hearing, the managed care plan agreedto provide Saul with four additional hours of homecare each day, at a monetary value of $1,940 amonth. Now Saul has home care assistance from thetime he wakes up to when he goes to sleep, and hedoes not have to worry about falling and suffering theresulting injuries.

Direct Legal Services

Direct Legal ServicesDomestic Violence

Liset is a 48 year old, born in the Dominican Republic. She first sought assistance fromNMIC in 2013 for assistance with a VAWA petition (to gain legal immigration status) and housing, as she was living at a shelter with her two children. Liset was a victim of domesticabuse at the hands of her husband, a US citizen, who had previously moved with theirchildren to the US. When Liset joined her family, the sexual, physical, and emotionalviolence began. She was subjected to ill treatment and control through her undocumentedstatus.

Disabled

A Nassau Suffolk Law Services Committee attorney represented Nora, who wasreceiving long term disability benefits under her prior employer due to an ovarian cancerdiagnosis. The symptoms and the side effects of her ongoing cancer treatment, whichincluded neuropathy, weakness, fatigue, back and foot pain and shortness of breath, hadbecome extremely debilitating. Nora’s insurance company was paying her benefits whichthe client and her husband relied upon to survive financially. However, after 2 years, theinsurance company conducted a review and determined that she could now perform part-time sedentary work. It therefore discontinued her benefits.

Nora’s case was reviewed internally twice, but the insurancecompany affirmed the discontinuance of benefits each time,despite the overwhelming medical evidence that contradictedits decision to discontinue. Without exception, all her doctorsconcurred and stated emphatically in their reports that shecould not perform any work at all and was totally disabled. Itwas clear that the insurance company completely disregardedthe medical evidence and opinions provided by her treatingphysicians, and had no basis to determine that the client couldsuddenly perform part-time sedentary work. After severalinternal appeals and many months later, Nora’s attorney finallygot the discontinuance overturned. Nora was awarded herongoing monthly payments, and a settlement of her claim. Thefunds have made it possible for the couple to make a downpayment on a small house which will vastly improve their living arrangements.

NMIC’s Domestic Violence Projectsimultaneously provided legal services (forLiset’s VAWA petition, an order of protection,and housing support) and social services (forindividual and group counseling, as well asfinancial counseling and on-site tax services).NMIC staff also connected Liset with its Education & Career Services Department forHigh School Equivalency classes.

With her VAWA petition approved, Liset continued to work with NMIC for a special waiver tocomplete her Adjustment of Status application to gain Legal Permanent Resident (LPR)status. With the help of NMIC, Liset received her LPR status. This has made a tremendousimpact on her life, as she was able to obtain a higher paying job. Liset will finally be able toprovide a stable household for her children.

Legal Information for Families Today (LIFT)’s Family LegalCenter (FLC) provides unrepresented litigants proceeding inchild support, custody or visitation cases in all five boroughswith intensive, individualized legal information, courtdocumentation preparation, court appearancepreparation, court accompaniment, access to computers tocomplete their filings, and other helpful services so that they areable to successfully self-advocate in the Family Court. The FLCenrolled 790 new participants during the 2017. LIFT partnerswith Family Court clerks, which enhances the ability ofunrepresented litigants to proceed efficiently through theprocess of filing their papers or accessing court records andother court services, including interpreters.

Pro Se Assistance

Materials on Web 2,325,241

Print Materials 544,957

Other* 113,231

Help at Court 28,919

Clinics 59,004

*"Other" assistanceincludes assistance fillingout forms, caseconsultations, and videos.

Telephone hotlines are an importantway New Yorkers access legal

services. Hotlines connect those inneed of assistance with a wide-variety of legal and other serviceproviders. Callers gain access to

referrals, intakes, and legalinformation and advice.

Hotlines

Some legal services providers operate their own Hotlines, whileothers staff hotlines run by government or community groups. In

both instances, IOLA grantees assist a broad range of needy NewYorkers access important legal information.

For the past 16 years, Catholic Charities Community Services (CCCS) hassuccessfully operated the NYS New Americans Hotline (the Hotline), developing acomprehensive statewide directory of agencies that serve immigrants, providingaccurate information on immigration issues, making referrals to legitimate low-costand free legal services providers, and fighting against notario fraud by facilitatingcomplaints about schemes to defraud immigrants. The Hotline operates from 9AMuntil 8PM on weekdays and can answer calls in up to 200 languages.

For the last four years, CCCS has also operated the national Legal OrientationProgram for Custodians of Unaccompanied Alien Children (LOPC) Call Center ,which provides legal information to custodians who assume responsibility forunaccompanied immigrant minors released from federal custody. The LOPC CallCenter is a program of the Department of Justice.

Last year, CCCS added a third hotline, the ActionNYC Scheduling System, whichhelps New Yorkers make appointments at ActionNYC sites throughout New YorkCity's five boroughs. ActionNYC operates free, safe, and secure legal immigrationcenters where immigrant New Yorkers can receive legal assistance and connect tosocial services.

In 2017, the three hotlines answered 73,366 calls and provided 78,370 referrals.The LOPC Call Center also mailed self-help materials to 11,000 custodiansand provided more than 850 telephonic legal orientations.

PartnershipsIOLA grantees partner with one another, theCourts, community groups, law enforcement,hospitals, bar associations, and governmententities to share legal expertise and informationwith various community stakeholders. Thesestrategic alliances allow legal service providers toleverage their resources and best serve theircommunities.

Legal Aid Society of Northeastern New York’s partnership with the SchenectadyCommunity Action Program (SCAP) has resulted in a variety of funding forhomelessness prevention work in Schenectady and many referrals for evictionand income maintenance issues. SCAP refers their customers to LASNNY sothat it can provide legal services to resolve emergencies related to housing,income maintenance, and immigration issues. During 2017, LASNNY closed1,362 cases for low income people from Schenectady County, many of whichhave been a result of such partnerships.

Once per month, a Journey’s End attorney provides applicationreview services and legal consultations to ACCESS clients. Theclients seeking help from ACCESS often have no alternative optionfor pro bono legal representation, so they enlist the help ofACCESS staff to translate immigration forms so that they can applyfor the benefits they seek pro se. However, oftentimes the peopleseeking translation services require the assistance of an attorney,and without that assistance they could make significant errors ontheir applications leading to denials or delayed processing times. Bymaking a Journey’s End attorney regularly available to ACCESSclients, the partnership is able to assist those individuals who wouldotherwise go without representation. Journey's End has alsosupported ACCESS’ Application for BIA Accreditation, so that onceapproved there will be a pro bono legal services provider directlyavailable to this underrepresented area of Western New York.

Due to increased demand for immigration legal services inWestern New York, the Journey’s End has undertaken theimportant task of assisting other agencies that serveimmigrant communities in our region. Journey’s End’srelationship with Arab-American Community Center forEconomic and Social Services (ACCESS) has been a greatdevelopment in this area. ACCESS is a community-basedorganization located in Lackawanna that predominantlyserves the area’s large Yemeni immigrant population.

Community Legal EducationIn 2017, IOLA grantees provided community legaleducation to more than 5.4 million people throughpresentation to community groups, distribution oflegal education materials, and through othermeans. In addition, millions of unique visitorsaccessed websites maintained by IOLA granteesto download legal educational materials.

In 2017, Empire Justice Center’s (EJC) Long Island office started getting increasedcalls from immigrants fearful of possible detention and deportation. In response,legal advocates in EJC’s Long Island office developed presentations and heldclinics to provide immigrants with information on responding to the police and ICE,talking to children about what is going on, and preparing as much as possible forfamily separation. In these clinics, EJC used community toolkits that containplanning, contact and “know your rights” information as well as sample affidavits topermit custodians to assume parenting functions. EJC staff previously presented tohundreds of immigrants and met individually and in small groups with participantsto discuss more specific legal concerns regarding schooling, health care, publicbenefits, and family law. Clinics were provided in Spanish, English and HaitianCreole to adult literacy students in Amityville, Wyandanch and Huntington.Additional presentations were provided in cooperation with NYCLU and LIAdvocacy Center at community centers in Brentwood, Central Islip and at thePatchogue- Medford Library. EJC legal staff also presented know your rightstrainings at a Hempstead literacy program, a Bridgehampton church and to collegestudents in Westbury.

After decades of advocacy, the legal landscape is finally starting to recognizetransgender and gender-nonconforming people as a class that deserves protectionunder the law. In response, Empire Justice Center published a Know York RightsGuide that explains how the New York State Human Rights Law (HRL) specificallyprotects transgender and gender-nonconforming people. It describes what unlawfuldiscrimination looks like, and what can be done if experienced. This guide alsocontains some information about legal rights under other state and federal laws,and gives contact information for legal advocates and attorneys across New YorkState that may be able to advise transgender and gender-nonconforming peopleabout their rights.

$119 MILLION IN LEGAL SERVICES provided by the private bar working with IOLA grantees*

475,717 volunteer hours

16,088 pro bono attorneys

Pro Bono

In partnership with Simpson Thacher & Bartlett LLP and Fried, Frank, Harris, Shriver & Jacobson LLP, theThe Door offered a weekly Runaway and Homeless Youth Clinic, designed to support young peoplewithout a stable home. The Door remains Manhattan’s largest, designated Drop-In Center for runaway andhomeless young people and also offers Street Outreach services, which combined, attract nearly 3,000 ofthese vulnerable young people to the Door annually. This targeted and responsive clinic operates on awalk-in basis and is held during special programming hours for the Drop-in Center so that young peopleare met on their terms to help them overcome legal issues they may be facing, including addressing theirneeds as they age out of the foster care system, seek to change their name, and access food stamps.

Three years ago,14-year-old Tayloni was an innocent bystander in ashooting near her home in Brooklyn and was paralyzed from the waistdown. Following an 8-month hospitalization and rehabilitation period,Tayloni was referred to Advocates for Children for assistance with hereducational needs as she transitioned back to school. While Tayloni'smother had repeatedly requested a barrier-free public school with aspecialized program for students with physical disabilities, Tayloniwas placed in a school inexperienced in working with students withdisabilities like Tayloni's. Tayloni was frequently pulled out of class forphysical and occupational therapy, missed additional class and peertime (like lunch) to attend to routine medical needs due to a lack ofskilled nursing support, and sometimes was unable to attend schoolat all because the school bus failed to arrive or did not have a workingwheelchair lift. Though Tayloni is very bright and has always been agood student, she began to fall behind academically due to lostinstructional time.

*services estimated at $250/hour

AFC partnered with a pro bono partner, DLA Piper, and intervened with an impartial hearing request toobtain reliable, wheelchair-accessible busing and ensure that Tayloni would receive physical andoccupational therapy at appropriate times that would not interfere with her ability to fully participate inschool. Thanks to the advocacy of AFC and DLA Piper, the Department of Education (DOE) also agreed topay for after-school tutoring to make up for all the time Tayloni spent out of class, and she was able to finishher 8th grade year on a high note. AFC and DLA Piper have been supporting Tayloni and her motherthroughout the high school admissions process to ensure she has the assistive technology, medical support,and other services she will need to be successful in the next stage of her education. In June, Taylonigraduated from 8th grade and was chosen as commencement speaker.

Monetary Bene�ts

Benefits Won

Savings Secured

**Please note that dollar computation methodology has changed since the 2016 IOLA Annual Report. Previously, thefollowing historical averages were used: Social Security and SSI were tracked over 60 months; child support and otherfederal benefits were tracked over 36 months; and most other categories were based on 12 month averages.

Note: Total includes lump sum awards and settlements avoided. In addition, this totalincludes monthly savings achieved, for instance, in bankruptcy matters, lease abatements,mortgage rate reductions, and food stamps, based on 12 month duration.

Note: Total includes back awards and cumulative monthly benefits. The number of monthsused for the cumulative benefits differs based on historical averages. Social Security andSSI were tracked over 120 months. Unemployment compensation was tracked over 6months. Child support was tracked over 108 months, while other federal benefits weretracked over 36 months. Most other categories were based on 12 month averages.**

IOLA Grantee Staf�ng, State-Wide

IOLA Grants and Grantees

Attorneys 2,004

Paralegals 804

Other 666

(e.g. Social Workers,Administration & Finance

Professionals)

In FY 2017, IOLA grantees employed 2,004 attorneys, 804paralegals, and 666 other staff, all working to enhance low-

income New Yorker's access to justice.

Funding Received by Grantees

State Funding$117.3

Legal ServicesCorporation $20.5

City and County Funding $113.3

IOLA $23.0

Foundations $35.3

Other Federal Funds $15.3

Private Bar $8.4

Fundraising $26.1

All Other $31.1

$390.5 million in 2017*

*Funding data updated November 14, 2017 

At least 75% of IOLA grant dollars are distributed to civillegal service providers and are allocated according to the

geographic distribution of low-income personsthroughout the state.

Up to 25% of IOLA funds are allocated to providers

improving the administration of justice, including theprovision of civil legal services to groups currently

underserved by legal services.

IOLA Grants April 2015-March 2017

Civil Legal Service Grantees - $34,495,000

$46 million

Administration of Justice Grantees - $11,500,000

Board of Trustees

Staff

Mary Rothwell Davis, Esq. (Chair) John A. Cirando, Esq.

Douglas W. Dunham, Esq. Paula Galowitz, Esq. Andrew B. Leider, Esq. Susan B. Lindenauer, Esq. Edwin H. Lopez-Soto, Esq. Kathryn Grant Madigan, Esq. Hon. Eugene Nardelli, Esq. Paulette E. Ross, Esq.

Christopher B. O'Malley, Esq.         Michele Agard                                 Christine M. Fecko,  Esq.               Veronica Mitchell Colleen Finan Fehringer, MPA         Alfred Liz                                         Juliette Moffatt Valeriya Lukonen Jessica Reyes

Executive Director Director of Administration General Counsel Deputy Director of Administration Grant Manager Bank Liason and Technical Administrator Bank Remittance Specialist Grants Program Analyst Grants Program Analyst/Administrative Assistant

The IOLA Fund of the State of New York is governed by:

State Finance Law §97-v Judiciary Law §497 21 NYCRR part 7000

11 E. 44th Street 14th Floor New York, NY 10017

Tel: 646-865-1541 Fax: 646-865-1545

FOR MORE INFORMATION VISIT WWW.IOLA.ORG

OFFICE ADDRESS

For questions about the content of this report, pleaseemail Colleen Fehringer at cfehringer@iola.org.