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New York StateUnified Court System

Existing Guardians Ad Litem


In General
Accepting GAL Appointments
Payment Procedure and Forms
Problems Collaborating with APS
Court Forms
GAL Litigant Brochures
Practical Workshop Series
GAL Case Summary Form
GAL Due Process Procedure
GAL Frequently Asked Questions

 

In General

Thank you for your dedication to serving some of New York City's most vulnerable people. If you are seeking information about GAL duties, required follow-up, forms, informational resources, and contacts for help, this webpage may prove helpful.

If you need additional information, email GALCivil@courts.state.ny.us.

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Accepting GAL Appointments

Upon accepting an appointment, the GAL must do the following:

  1. Submit a written Consent and Affidavit in Support of GAL’s Ability to Answer for Damages to the Court. Copies of the GAL Consent Form and the Affidavit in Support of GAL’s Ability to Answer for Damages Form are available online and in the individual PARTS. Submission of these forms are required pursuant to CPLR Article 1202 (c).
  2. Make arrangements with the court attorney to obtain a copy of the GAL Order of Appointment and make copies of the impaired litigant’s file as soon as possible. See Frequently Asked Questions for more information about getting started, duties, and other important aspects of GAL work.
  3. Immediately upon appointment, the GAL must contact APS to determine if the impaired litigant is an active APS client unless the GAL knows that the impaired litigant they are appointed to does not meet APS’ eligibility criteria.
    1. If the impaired litigant does not obviously qualify for APS services, the GAL will not need to follow any of the procedures for payment including the submission of the GAL Introduction Letter to APS. However, if the impaired litigant later becomes potentially eligible for services, during the course of the housing litigation, the GAL must then refer the case to APS and comply with all of the payment procedures to qualify for compensation.
    2. If the impaired litigant is potentially eligible for APS services but is neither an active APS client nor being assessed for eligibility by APS, the GAL must make a referral. The GAL must send the “GAL Introduction Letter to APS” at the same time they refer the case to APS. HRA will respond to all introduction letter emails with a reply email indicating APS status: Open, Closed/Rejected, No Referral Found, or Under Assessment.
    If the court or any other person or entity already made a referral to APS at the time of the GAL appointment but the impaired litigant is still being assessed for APS eligibility, the GAL must still follow-up with APS on the status of the referral and send their Introduction Letter to APS.
  4. For GAL appointments made on or after January 1, 2017: If the impaired litigant is an active APS client or currently being assessed for eligibility by APS, the GAL must submit a GAL Introduction Letter to APS to APSCourtPayment@hra.nyc.gov within 10 calendar days of the appointment date. Note: Impaired litigants being assessed for APS services are not active APS clients until they are determined eligible for services by APS. See Payment Procedure and Forms for more details.


Payment Procedure and Forms

Upon consent, the NYC Human Resources Administration (HRA) will compensate GALs for their work upon completion of a case, provided the impaired litigant is also an active APS client at the time of the appointment or becomes an active client during the course of the GAL’s representation, and the GAL performs the minimum requirements below. Compensation is fixed at $1050 per case for any appointments made on or after August 25, 2023 and $750 per case for appointments made between January 1, 2017 and August 24, 2023. The following types of cases are considered pro-bono and, as such, receive no compensation: (1) Cases in which APS is not involved, (2) cases in which APS determines the impaired litigant is ineligible for APS services, and (3) cases in which the impaired litigant is under assessment by APS but has not yet been found eligible for APS services before the conclusion of the GAL’s appointment.

In order to ensure that payment is forthcoming, HRA requires that the GAL perform certain minimum actions in the service of the impaired litigant they are appointed to advocate on behalf of and submit required documents in a timely manner. Specifically, to be eligible for compensation, the GAL must:

  1. Submit a completed “GAL Introduction Letter to APS” within ten calendar days of appointment. Note: GALs should not wait for an Order of Appointment before sending this introduction letter to APS. Instead, GALs should submit this form upon consenting to an appointment and write “no Order yet” in the box provided for the appointment date.
  2. Submit all other required forms to HRA (see below: A. Procedure) once the Housing Court case has concluded.
  3. Personally meet with the impaired litigant.
  4. Discuss the case with APS.
  5. Investigate and bring to the Court’s attention all facts important to the impaired litigant’s case.
  6. Investigate as to whether the impaired litigant qualifies for any social services that could help resolve the case and make every effort to help the impaired litigant obtain such services.
  7. Appear on all court dates subsequent to appointment.
  8. Recommend to the Court a final outcome to the case that is in the best interests of the impaired litigant and tell the Court how the impaired litigant feels about the recommendation.
  9. Resolve the case.

A. Procedure:

For appointments made on or after January 1, 2017, the GAL must submit the following required documents:

  1. GAL Introduction Letter
  2. W-9 Federal Tax Form
  3. Invoice
  4. GAL Order of Appointment
  5. Affirmation or Affidavit of Services

 

B. Forms:

GAL Introduction Letter to APS: To receive payment for a case, this form must be emailed to APS at APSCourtPayment@hra.nyc.gov or faxed to 917-639-0364 within 10 calendar days of the date listed on the GAL Order of Appointment. This form allows APS to know who the appointed GAL is for any given case. See GAL Introduction Letter to APS to complete a PDF copy of this form and email it to APS.

W-9 Federal Tax Form: This form must be submitted the first time a GAL submits a request for payment to HRA. This form does not have to be submitted in subsequent requests except when the GAL changes their address or their taxpayer Identification number. To print a copy, please click on W-9 Federal Tax Form.

Invoice: This form must be submitted each time a GAL requests payment from HRA. See Invoice to complete a PDF copy of this form and email it to APS.

Order of Appointment: GALs must submit the Court Order appointing them. This Order must be signed and dated by the Court.

Affirmation or Affidavit of Services: Section 1204 of the CPLR requires the GAL to file either an Affirmation or Affidavit of Services with the Court. GALs who are attorneys must file an Affirmation of Services, while those who are not attorneys must file a notarized Affidavit of Services. HRA, in turn, requires that a copy of this Affirmation or Affidavit of Services be included in all GAL requests for payment.

      a. When submitting for payment for an appointment made prior to August 25th, 2023 use the following forms: Affirmation of Services or Affidavit of Services
      b. When submitting for payment for an appointment made on or after August 25th, 2023 use the following forms: Affirmation of Services or Affidavit of Services.

C. Submitting for Payment: HRA has a dedicated electronic mailbox for GALs to use when submitting for payment. Please submit all required documents to the following email: APSCourtPayment@hra.nyc.gov or fax the required documents to 917.639.0364. Note: There is an administrative fee of $3.50 per paper check issued. To avoid this fee, GALs should choose to receive compensation via direct deposit instead. For more information on how to enroll in the Vendor Payment Direct Deposit Program see http://www1.nyc.gov/site/finance/about/doing-business-with-nyc-direct-deposit-program.page

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Problems Collaborating with APS

Should a GAL experience any problems collaborating with APS that prevent the GAL from fulfilling his or her responsibilities, the GAL can complete a GAL Inquiry/Complaint to APS form and send it to the email address specified on the form. APS will review the complaint and reach out to the GAL within an appropriate time frame.

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Court Forms

Housing court forms can be found at the clerk’s office in each courthouse or online.

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GAL Litigant Brochures

The GAL Program has created a brochure for impaired litigants who are appointed a GAL. The brochure is available in English and Spanish. It details what to expect if a GAL is appointed to advocate on the litigant's behalf. It also describes the role of a GAL, what a GAL can and cannot do, and what to do if a litigant has a concern regarding their GAL.

GALs are strongly encouraged to send a copy of this brochure along with a letter of introduction to their ward, upon appointment.

GAL Litigant Brochure (English version)
GAL Litigant Brochure (Spanish version)

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Practical Workshop Series

The Practical Skills Workshop Series consists of workshops designed to supplement initial training provided to GALs and address issues relevant to their work. Workshops are facilitated by guest speakers with extensive knowledge on the respective topic. The workshops physically take place at 111 Centre Street in New York County.

Past workshop topics have included:

• The Housing Stability & Tenant Protection Act of 2019
• Accessing Affordable Housing, Resources, and Housing Rights
• Effective Strategies for Conferencing and Negotiating Cases with a Landlord Attorney, Court Attorney, or Judge
• Elder Abuse and Housing Court
• Best Practices for Drafting Language in Probationary Stipulations
• Nuts and Bolts of Non-primary Residence Holdovers
• GALs and Vicarious Trauma
• ADA Accommodations in Court
• Housing and Domestic Violence