JUSTICE QUARTERLY
News for Advocates from Vermont Legal Aid
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We are concerned about GA Pilot programs or temporary housing, including supportive housing in GA/EA. Please refer any clients who have issues with these programs to VT Legal Aid at:
1-800-889-2047 | |
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| Housing Discrimination Prevalent in VT Communities |
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Vermont Legal Aid is using grant funding from the U.S. Department of Housing and Urban Development to investigate and litigate housing discrimination cases throughout VT. Since January we have responded to over 100 discrimination complaints and have investigated and given legal advice in all of those cases. We have represented 70 complaints in litigation in state and federal courts and at the Vermont Human Rights Commission. Our most striking finding is the disproportionate amount of discrimination against people of color given the small number of people of color living in Vermont. We also found that housing discrimination against families with children and people with disabilities is extremely high in Vermont. This pattern of discrimination has been observed nationwide by investigation and enforcement organizations. Because of federal funding restrictions, we have not been able to conduct tests or to represent complainants in groups that are protected under Vermont, but not federal, fair housing laws. Anecdotally, we have noted a remarkable amount of discrimination against people who receive public assistance, especially Section 8 Voucher holders. We also noted, as have similar organizations nationwide, that a person in multiple protected classes is more likely to be discriminated against than a person in only one protected class.
Here are three examples of cases we are working on:
- An African American man called us after receiving an eviction letter from his landlord terminating his lease for "criminal activity". The man had helped a Vietnamese friend remove a table that had a "free" sign attached to it. The man returned the table when he learned the table was not free. We are representing the man and his case is pending in Superior Court.
- A husband and wife who live with their toddler decided to become foster parents. The family rented a large three bedroom apartment and notified the landlords that they were bringing a foster child home. The landlords stated in order to rent to foster children they would require a criminal background check for the child. We agreed to represent the couple and filed a complaint with the Human Rights Commission.
- A single mother with a disability and two young children requested that her landlord, a Land Trust, allow her to have a live-in aide to help her, and assist in caring for her children. The Land Trust denied the woman's reasonable accommodation request even though the accommodation would have cost the landlord nothing and created no administrative burden. We agreed to represent the woman and her case is pending in federal court.
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| Tax Court Expands Equitable Innocent Spouse Relief |
In a move especially helpful to domestic violence survivors, the IRS has changed its policy on "equitable" innocent spouse relief. The change comes in response to a recent Tax Court decision, Lanz v. Commissioner, which invalidated the IRS's two-year limit for seeking equitable relief.
Many domestic violence survivors are forced to sign joint tax returns with their batterer. Often, victims are denied any meaningful participation in household finances. When the batterer's actions result in a tax debt, the IRS treats it as a joint debt, and often pursues collection from the victim.
If certain criteria are met, the "innocent spouse" can file a request with the IRS to show that it would be unjust to hold her responsible for the batterer's tax debt, even though she signed a joint tax return. Prior to the Lanz case, an innocent spouse only had two years from the first IRS "collection action" to file her claim. Many survivors are not able to file within that timeframe, for various reasons.
Anyone who is considering an innocent spouse claim should seek tax advice immediately. This is a complicated area of law. Please refer clients who have received any IRS notice to VLA's Low Income Taxpayer Project at (800) 889-2047, or in Washington, Orange, or Lamoille counties to the Central Vermont Low Income Taxpayer Clinic at (800) 639-1053. |
| Unemployment Compensation Appeals on the Rise; Change on the Horizon |
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Vermont Legal Aid has seen a tripling of unemployment cases in just the last six months. Despite new labor department data showing unemployment claims dropped significantly (from 7.2% to 6.8% - the largest dip in the nation), the number of cases Legal Aid is seeing has increased dramatically as the recession hits home for Vermonters.
Some of the troubling trends we are seeing: employers stating that claimant's "voluntarily quit" when the claimant says they were actually fired. Advocates should look at these claims closely and help claimants seek legal counsel where the facts are in dispute. Someone who quits voluntarily is ineligible for benefits unless good cause is "attributable to the employer (i.e the employer must be at fault). Where, as often is the case, there is little proof other than the testimony of the two parties it can be very difficult for the claimant to prevail without legal assistance - and even then it can be difficult to prevail.
Another issue that has arisen is whether illegal acts by an employer constitute "good cause" for an employee to quit and still be able to collect unemployment benefits. Legal Aid believes that where the illegal act interferes with the employer/employee relationship that it does (for example, employer fails to file a worker's compensation claim, or threatens a polygraph test). One such case is currently pending before the Vermont Supreme Court.
Finally, advocates should know that there is a plan afoot to increase barriers to unemployment compensation and reduce benefits due to the looming shortfall in the unemployment insurance trust fund. A summer study committee of the legislature has been charged with taking the matter up and making recommendations on how to safeguard the fund. Employers have not had the unemployment insurance tax adjusted in more than a quarter century. Legal Aid supports adjusting the employer tax to shore up the unemployment fund. We oppose any changes that would make it harder for Vermont workers to collect benefits, or that would reduce benefits for workers and their families.
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| Judiciary Grant Will Improve Court Interpretation Practices |
Vermont Legal Aid was awarded a grant from the Judiciary to assist the courts in improving access to, and the qualifications of, foreign language interpreters who are providing services in the courts. The grant will produce a State Plan/Protocol with model policies from the National Center for the State Courts and a Strategic Plan that will map out future steps for improving and implementing a legal training curriculum and language testing for interpreters in both English and the language they are interpreting.
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| Save The Date- Advocate Training November 13, 2009 |
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Vermont Legal Aid, Legal Services Law Line and the South Royalton Legal Clinic are pleased to announce the 2009 Lay Advocates Training with keynote speaker Ed Paquin of Vermont Protection & Advocacy.
Seminar Topics Include: unemployment, foreclosure, landlord/tenant law, and advanced public benefits.
DATE: NOVEMBER 13, 2009
TIME: 9:00 AM-4:00 PM
COST: $20.00 INCLUDES MATERIALS, CONTINENTAL BREAKFAST AND LUNCH
LOCATION: VERMONT LAW SCHOOL IN SOUTH ROYALTON VERMONT.
BEGINNING IN EARLY SEPTEMBER |
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