NYC’s Smoke-Free Air Act

HMLS New Yorker

Due to the known dangers of second-hand smoke, New York City has enacted laws to combat it. New York City’s Smoke-Free Air Act provides remedies for people who are exposed to second-hand smoke in their living quarters.

According to New York Tenants’ Guide To Smoke-Free Housing, in the event of exposure to second-hand smoke: “Possible legal claims include claims for negligence, trespass, breach of the covenant of quiet enjoyment, nuisance, and violation of the warranty of habitability. If the exposure to secondhand smoke forced you to move out of your apartment, you may also have a claim for constructive eviction.”

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The McKinney-Vento Act & The Education Of Homeless Children

HMLS New YorkerThe McKinney-Vento Act is a federal law that was passed by President Ronald Reagan on July 22, 1987.

The McKinney-Vento Act is a conditional funding act. This means that states that accept funds from the federal government are legally bound by the provisions of the Act. However, there are some states that are noted to have accepted federal funds while failing to comply with the stated terms of the Act.

The Act grants children who live in temporary housing a choice to continue their education at their school or origin (the school they attended when they were permanently housed, or the last school they attended), or at a local school (a school located in the area where they are temporarily housed).

The McKinney-Vento Act also states that students in temporary housing have the right to: “Immediately enroll in school and attend classes; get free transportation to their school of origin; get free transportation to their local school if transportation is provided to other students; get special education services immediately if the student has a current Individual Education Plan (even if the IEP is not available or is from another district); participate in any school activity that is available to other students and get transportation to and from all before- or after-school activities if it is provided to other students; and get free school meals without filling out an application.”

The National Law Center on Homelessness and Poverty has reportedly successfully litigated cases against New York, and other localities, that have failed to comply with the Act after receiving federal funding.

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The Legal Definition Of Independent Living Plan (ILP)

HMLS New Yorker

18 CRR-NY 352.35 defines an independent living plan as follows: “A plan developed and/or revised by a social services district and/or its designee, with the cooperation of an individual or family, which sets forth a strategy for meeting such individual’s or family’s housing-related public assistance and care needs as identified in an assessment and for obtaining housing other than temporary housing and which establishes such individual’s or family’s responsibilities during their receipt of temporary housing assistance and specifies the conditions upon which temporary housing assistance will be provided. An independent living plan also must specify the temporary housing facility, if any, to which the individual or family has been or will be referred, any requirements of such facility, and the expected duration of the individual’s or family’s receipt of temporary housing assistance.”

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