Responding to Crisis: Marking One Year of COVID-19

Last March, few imagined that our community would still be grappling with the coronavirus pandemic a year later.

In many ways it seems the pandemic is nearing an end after this year of hardship and loss: vaccines for the virus are increasingly available, and cases have dropped to a point where North Carolina is easing activity restrictions. 

But we are only just beginning to understand the extent to which this virus has driven our neighbors to the margins of safety, economic security and family stability, laying bare the extreme inequities that have long existed in our community. 

Charlotte Center for Legal Advocacy has spent the last year fighting for our community’s most vulnerable residents as COVID-19 upended daily life.

As we pass this milestone, we take stock of just how much we’ve fought to advance our mission of pursuing justice this past year.  

It’s work we do every day and have always done in our 50+ years of service. But COVID-19 has cast a glaring spotlight on the importance of our mission. 

Pursuing justice: It’s fairness under the law. It’s equal access. It’s meeting basic needs. And it’s making sure our neighbors are equipped to endure any crisis life throws their way, including a global pandemic. 

Today and every day, we continue this hard, necessary work until our community is a stronger, more just and equitable place for ALL. 

Over the past year we:

  • Addressed immediate issues related to agency closures in our local Department of Social Services (DSS), allowing for remote application for benefits and limiting terminations and state unemployment insurance systems to tackle issues stalling federal unemployment benefits.
  • Helped clients navigate individual economic stimulus payments and unemployment insurance programs.
  • Prevented illegal evictions and kept vulnerable populations safely housed.
  • Responded to critical needs for protective orders and intervention due to a sharp increase in domestic violence incidents while our courts were operating on a limited capacity.
  • Monitored the changes in Medicaid, food stamps and other assistance programs to ensure coverage is not disrupted for those who need them in our community.
  • Advocated for language and technological access on administrative applications for health, food and income benefits to ensure all who were entitled to assistance could receive it.
  • Assisted people who have lost their jobs and/or health insurance navigate Affordable Care Act health coverage options and Special Enrollment Periods (SEPs).
  • Ensured members of our community are not falling victim to COVID-19 related scams and losing their income.
  • Helped immigrant families understand the unique ways the pandemic impacts employment, housing, public resources, ICE activity and immigration courts.

Read on to learn more about the need for our services and our impact over the past year.

Meeting Exacerbated Needs

Days after the first cases were reported, we shifted to remote operations, equipping staff to continue our work as the need for help grew exponentially.

For our neighbors living on economic and health margins, the pandemic has further exacerbated their instability in extreme ways.

The need for our services before the pandemic:

  • More than two thirds of low-income households were experiencing at least one civil legal problem that significantly impacted daily life. These rates are much higher for survivors of domestic violence, immigrants, veterans, families, and parents of children with disabilities.
  • In Mecklenburg County, poverty, segregation, and income inequality have pushed residents to the sidelines, concentrating distress in family stability and fortifying barriers to economic opportunity.
  • Children born into poor families in Mecklenburg County are among the least likely in the U.S. to escape poverty.
  • About 300,000 Mecklenburg residents were eligible for our services.

Public agencies closed and delayed services just as newly unemployed individuals found themselves trying to piece together a semblance of stability navigating administrative and public benefits systems for the first time.

Those already depending on these systems (people with disabilities, children, seniors, veterans and their families) were desperate to prevent the illness, hunger and homelessness that could result from losing Medicaid, Food Stamps, Social Security, Supplemental Security Income (SSI) or other benefits.

The combined effects of racial, gender, ethnic, and other forms of bias create multiple barriers for people of color and women as they navigate institutions where entrenched disparities remain the status quo.

This clear intersectionality has yielded disproportionately negative impacts for people of color and women during the pandemic. Because of this reality, we have continued to identify and address systemic racism while fighting to ensure equal access to assistance.

When Mecklenburg County’s Department of Social Services (DSS) closed its offices to the public on March 18 with little notice, we fought to make sure our neighbors could still get benefits and services guaranteed to them under the law.

We made DSS agree to:

  • honor the date of phone calls as date of application for applicants to ensure they receive the maximum amounts of benefits allowed;
  • not terminate benefits for missed deadlines; and
  • allow late appeals, and to post clear signage in front of their buildings outlining this information.

The closure sent applicants to the agency’s call center which meant longer wait times for help.

We made sure people understood their eligibility for public benefits, helped them apply and navigate confusing administrative systems, all while ensuring their rights were protected. When programs and services changed, we kept the community informed.

We continue to advocate for extensions and flexibilities that are favorable to beneficiaries, while serving as a watchdog to ensure those policies are appropriately enforced and accessible to applicants of all backgrounds.

‘Things are smoother now.’

Food Insecurity

Before the pandemic, about 12 percent of Mecklenburg residents, including children, were considered food insecure according to Feeding America. The ongoing economic fallout has swollen that number to almost 16 percent who are on the brink of hunger.

In the last year, our staff assisted 371 people and their families with issues accessing food stamps (SNAP benefits), making sure they could successfully get the assistance they needed to remain stable and understood their eligibility for SNAP and other public benefits.

North Carolina was among the earliest adopters of Pandemic EBT (PEBT), which provides food support for families with children eligible for free or reduced-price meals while schools were closed. Though N.C. took many positive steps in creating this program, there have been hurdles and confusion in the implementation. We have been working closely with clients, partner organizations, and the state to monitor issues on the ground and communicate them to N.C. Department of Health and Human Services to ensure the program works efficiently and families receive these critical benefits quickly.

Healthcare Access

Our health insurance navigators and call-back volunteers assisted over 1000 community members apply and select an affordable health insurance plan for their budget during Open Enrollment Nov. 1 – Dec. 15. Health insurance is critical to safety, stability, and health–particularly during the COVID-19 crisis.

Before the pandemic, one in six Americans had a civil legal problem that negatively impacted their health. We knew that unmet legal needs related to COVID-19 would dramatically worsen health outcomes.

Thirteen percent of Mecklenburg residents don’t have health coverage. More than 500,000 low-income people in N.C. have no options to get health care because they earn too much to qualify for Medicaid and too little to receive financial assistance for health insurance.

COVID-19 forced frontline workers to weigh the risks of working to keep their families stable with the chance of falling critically ill and needing to seek medical care they couldn’t afford. Others lost health insurance benefits with their jobs at a time when access to health care mattered most.

Many who lost their jobs due to COVID-19 did not realize they had the option to apply for health care coverage through a Healthcare Insurance Marketplace Special Enrollment Period (SEP) 60 days after losing coverage. Consequently, many went without it due to their inability to afford private insurance.

Johanna Parra, coordinator of the Advocacy Center’s Health Insurance Navigator Project, was among the first in the nation to discover another option for those who were desperate to get coverage and have peace of mind knowing they could get care if they needed it.

Because all 50 states were under the COVID-19 pandemic national emergency declaration, eligible individuals could apply for coverage through the Affordable Care Act’s Health Insurance Marketplace, also referred to as “Obamacare,” for a Special Enrollment Period through the Federal Emergency Management Agency (FEMA SEP).

Fighting for Equal Access

As soon as Congress passed the CARES Act to provide economic support and COVID-19 relief, there was confusion around the benefits included in the package.

Understanding the CARES Act and COVID Relief: Stimulus Payments and Unemployment Benefits

Families desperate for financial support needed help making sure they received stimulus checks (Economic Impact Payments) issued by the federal government.

Who was eligible? How would payments be distributed? What if payments didn’t arrive?

We answered these questions and more for our clients and the community to ensure everyone eligible for a payment could receive it.

Staff are now helping people address missing stimulus checks and other issues related to the CARES Act as people try to prepare their 2020 tax returns at a time when collection activities and massive job losses strain taxpayers. We are working to resolve these issues and push the IRS to offer specific remedies for various issues related to stimulus checks.

We are also working closely with clients and partner organizations to ensure the latest COVID-19 stimulus opportunities from the American Rescue Plan are understood and correctly received.

Resource guide: Managing unemployment and benefits
We partnered with WCNC Charlotte to produce a resource page to answer questions about stimulus payments and unemployment insurance.

By May of last year, more than one million North Carolinians had applied for unemployment insurance benefits. The volume of applications paired with implementing new assistance programs under the federal CARES Act has caused significant delays, making the process more challenging for applicants.

Working together, Charlotte Center for Legal Advocacy and Legal Aid of North Carolina-Charlotte answered the calls of thousands of frustrated workers to guide them through the application process and appeals. Through direct action and systemic advocacy, these organizations ensured that those who had fallen through the cracks had access to the full payments they deserved.

Prior to the pandemic and historically, North Carolina’s unemployment system made it difficult for eligible residents to receive unemployment benefits, leaving workers with little to no support.

Charlotte Center for Legal Advocacy is focused on removing some of these barriers by focusing on unemployment insurance system reform, essential worker benefits, living wages, and promoting workers’ rights in a right to work state—all of which disproportionately impact People of Color (POC).

We are also monitoring how scams and multi-level marketing schemes (MLMs) target unemployed and low-income individuals, especially during the COVID-19 crisis.

NC Extra Credit Grant


The NC Extra Credit Grant program provides financial support for families struggling to meet the demands of educating and caring for their children during the COVID-19 pandemic. For a parent living on minimum wage, $335 is more than he or she will earn in a week. We worked to spread the word to make sure that families who missed the first deadline didn’t miss this final application period and the chance at financial assistance.

Quick action and a strong partnership generated 24,946 applications submitted; $8 million distributed, in just 18 days.

On September 4, Gov. Roy Cooper announced the Extra Credit Grant: an additional $335 dollars in COVID-19 relief for N.C parents. While middle and high-income families automatically received the payment, low-income families had to apply through the North Carolina Department of Revenue (NCDOR).

These families had just 29 days to learn about the program and apply. Only 10,000 families did so during the initial application period.

Through a pro bono partnership, Legal Aid of North Carolina, Charlotte Center for Legal Advocacy, and Robinson Bradshaw filed a complaint resulting in a court order on Nov.5, 2020 that reopened and extended the application period.

Charlotte Center for Legal Advocacy created a website and extensive communication campaign entitled 335 for NC, which encouraged these parents to apply for the grant through December 7, 2020. More than 32,000 individuals visited the website.

In just 18 days, Charlotte Center for Legal Advocacy, Legal Aid of North Carolina, and Robinson Bradshaw reached hundreds of thousands of families and delivered 24,946 applications to NCDOR resulting in more than $8 million in aid made available to families who needed it most.

Keeping Families Safe and Protected from Exploitation

Housing Rights

State and federal moratoriums on evictions and foreclosures have been implemented and continued over the past year to keep people who couldn’t pay their bills safely housed during the pandemic, but they haven’t been enough to protect everyone.

As we watched infection rates rise, courts in North Carolina started working through backlogged foreclosures. Evictions began ramping up, exacerbating the shortage of affordable housing that existed well before the threat of coronavirus. Homeowners who had to take advantage of forbearance because they could not pay their mortgages will eventually have to repay extraordinary balances on their home loans, many of which cannot be modified. 

The Advocacy Center continues to work with families desperate to keep their homes and stay current on their bills to avoid homelessness and financial ruin. We are making sure people understand their rights and obligations with lenders to help them make informed decisions about their situations. We are also educating the community to make sure our neighbors do not fall victim to scams related to COVID-19.

‘The weight that was lifted off’

Entrepreneur, grandmother, personal shopper, caregiver, and church activist. These are a few of the hats that Mrs. C wears on any given week. She keeps copious amounts of to-do lists to keep herself, her family, and her business in order, a skill she says she learned from the staff at Charlotte Center for Legal Advocacy.

Immigrant families were already targets for exploitation before the pandemic. Fear of deportation, language barriers, and lack of traditional financial resources make it harder for immigrants to get assistance and leave them vulnerable.

Owners of substandard housing often rent to immigrants because the owners believe those tenants will be afraid to exercise their rights to habitable housing and to continued tenancy.

Traditional financing options are also often unavailable to immigrant families, which makes them easy targets for predatory financing options such as contracts for deed, options to purchase, installment sales contracts or lease with option contracts. These are enforced through eviction procedures and are complicated to defend without legal assistance.

Immigrants are also targeted for predatory sales of mobile homes, which can be substandard. These situations often involve predatory financing methods on land that is rented and are subject to eviction from the land, also requiring complicated defense.

The pandemic hit immigrants especially hard. Primary earners lost jobs as businesses shut down and those without legal status didn’t qualify for COVID-19 assistance.

“Because of the virus we lost our jobs and that put us behind on rent. And now it’s worse because my husband had an accident and our court date is tomorrow so we don’t know what we’re going to do … We don’t get help from anyone, those of us who are undocumented. A lot of us are going through this.”

– Advocacy Center client Ismar spoke to WFAE as her family faced eviction in July. Attorney Juan Hernandez was able to negotiate an agreement with the family’s landlord to prevent them from losing their home. Listen to the full story.

Thinking they could take advantage of families in desperate situations, landlords continued to threaten and illegally remove families from their homes.

At a time when our court system was operating on a limited capacity and resources for assistance were scarce, we helped our clients avoid homelessness, remain stable and exercise their rights.

During the COVID-19 pandemic, Charlotte Center for Legal Advocacy continues to find innovative ways to serve our community. In October, our Immigrant Justice Program partnered with Latin American Coalition to host a “curbside” clinic on the CDC Eviction Moratorium. Over thirty clients attended throughout the day to learn how to claim its protections.

We upheld their rights through our work, which included remedies such as cancellation of the contract, recovery of down payment or money paid above and beyond the fair market rental value, damages for unfair and deceptive trade practices, among others. We also conducted community education programs regarding the rights of immigrant renters related to their housing.

Domestic Violence Protection

While officials urged people to stay home to prevent spreading the virus, home wasn’t the safest option for many in our community.

Immigrant women also face additional barriers to escaping domestic violence or abuse, leaving them feeling trapped in abusive situations.

Charlotte Center for Legal Advocacy helps low-income immigrants living in Mecklenburg County who are victims of domestic violence. A recent Allstate Foundation national survey found that 64 percent of Hispanic women say they know a victim of some type of abuse and 30 percent have personally been victimized.

Reports of domestic violence incidents increased significantly along with the need for legal assistance to get necessary protection early in the pandemic as people. Advocacy Center staff helped survivors and their families navigate administrative changes to get the protections they needed while our courts were closed.

Our Response Continues

We are all weathering the same storm, but we are not all in the same boat.   

The past year has made it clear just how critical access to safety, security and stability is for everyone in our community.

But barriers that prevent equal access to these needs persist. And our current safety net is simply not wide or strong enough to support everyone who needs it.

Much like the Great Recession of 2008, the recovery for those hit hardest by COVID-19, those we serve, will take years. Some will never recover.

The need is everywhere. That’s why we’re here, fighting to help families not only stay afloat but also thrive. And we’re not going anywhere.

Today and every day, we continue this hard, necessary work until our community is a stronger, more just and equitable place for ALL. 

Find the latest COVID-19 Updates

Learn about our 2021 Advocacy Agenda

Support Our Work

Access to Justice: ‘Things are smoother now.’

Before COVID-19, Melody had worked at Showmars for 22 years, whipping up the daily specials.

When someone contacts Charlotte Center for Legal Advocacy for help, they are often struggling to stay afloat in a storm of crisis.

They have a big problem impacting their life but do not know how to fix it. Their problem is a symptom of various unmet legal needs that need to be addressed comprehensively to put that person on a better path.

That was the case for Melody when she contacted Charlotte Center for Legal Advocacy last year. We first shared her story last fall.

Like many of our neighbors, she was already struggling when COVID-19 turned her life upside down.

As the primary financial support and caregiver for her family, she was trying to keep up with medical bills and fighting to keep her home as she faced foreclosure for unpaid property taxes from the mid-2000s left from her parents’ estate.

The Advocacy Center had helped her negotiate a payment plan with the county that included forgiveness of a substantial portion of the debt.

“When the pandemic hit, I lost my job,” Melody says. “I was devastated. I thought, ‘How am I going to make those payments?’”

Melody is used to being the one helping others. But when it came to piecing together the support her family needed to remain stable, she could not do it alone. 

Again, she called the Advocacy Center. We connected her with Legal Aid of North Carolina-Charlotte to help her get expanded unemployment benefits under the CARES Act to support her family.

“I’ve worked all my life and never needed any benefits,” Melody says. “I didn’t really know how that stuff went.”

As part of our work, we learned that Melody’s sister, Wendy’s social security benefits had been terminated despite her disability. The Advocacy Center stepped back in to ensure she was receiving the benefits she was entitled to.

We also helped Wendy apply for food stamps to help their family through this crisis.  Melody would soon turn 65, so we also ensured everything was prepared for her to receive Medicare in a few short months. 

We checked in with Melody recently to see how things are going for her and her family one year into the pandemic.

It’s been hard.

She’s lost eight family members to COVID-19. In addition to not being able to physically mourn with her loved ones, she’s missed the big family get togethers held every year—egg hunts at Easter and a family reunion in September.

Melody says one thing she’s learned through her experience is “it’s okay to ask for help and it’s okay to not be okay.”

She compares the past year to sailing through a storm and credits the staff at the Advocacy Center for guiding her to calmer waters.

“Just knowing I had them there, I was able to stay in my boat,” she says. “Things are smoother now.”

Despite the past year, she says she is still looking for the silver lining in everything.

She hopes to return to her job whipping up the daily special at Showmars in the City of Charlotte Government Center, where she had worked for 22 years. And she dreams of one day owning her own food truck.

In the meantime, she’s glad to have her health, her family cared for and a place to call if she needs help.

She smiles every time she drives by the Advocacy Center and Legal Aid office on Elizabeth Avenue.

“Look at how much work the people in that teeny little building do!” Melody says. “The work they do, it’s needed. Because sometimes people just need a helping hand. It’s been a blessing.”

Melody, we’re glad we could help. Call us if you need anything.

Your support of the Access to Justice Campaign makes success stories like Melody’s possible. Consider making a contribution today!

American Rescue Plan Offers Relief

Third COVID-19 Relief Package Passes as Pandemic Marks One Year  

Updated April 8, 2021

On March 11, 2021, President Biden signed the American Rescue Plan into law as the largest and most recent COVID-19 relief package extending $1.9 trillion dollars in aid to families, businesses, nonprofits, and states. This third round of aid comes as Charlotte Center for Legal Advocacy marks a full year fighting to support families under the pandemic.  

And our work is far from done. 

As we learn more about how the plan’s programs and funding will be implemented, we will update our website and social media accordingly. Please contact us at the appropriate numbers below if you or your family are struggling and need assistance.   

This list is not exhaustive, and the bill contains programs and funding not listed here.   

Here is what we know so far:  

ECONOMIC IMPACT PAYMENTS (STIMULUS CHECKS) AND TAX CREDITS 

The American Rescue Plan includes a third round of tax-free economic stimulus payments. 

In this version, the maximum payment is $1,400 per qualified individual or $2,800 for a couple. In addition, payments are now available for all dependents, including children in college and elderly relatives. Children of mixed-immigration status families with valid social security numbers are also eligible for the stimulus payments

The additional amount for dependents is significantly higher – $1,400 per eligible dependent. 

As before, economic stimulus payments are phased out, based on adjusted gross income. However, the upper threshold is reduced from $100,000 of adjusted gross income to $80,000 for single filers and from $200,000 down to $160,000 for joint filers. Payments for dependents are also phased out under these thresholds. 

The IRS expects to begin sending out payments in March. 

Third Economic Stimulus Payments Will Be Based on 2019 or 2020 Tax Returns: 

The American Rescue Plan provides that if your 2020 tax return is not filed and processed by the time the IRS starts processing your third stimulus payment, the tax agency will use information from your 2019 tax return. If your 2020 return is already filed and processed when the IRS is ready to send your payment, then your stimulus check eligibility and amount will be based on information from your 2020 return.  

If your 2020 return is filed and/or processed after the IRS sends you a stimulus check, but before July 15, 2021 (or September 1 if the April 15 filing deadline is pushed back), the IRS will send you a second payment for the difference between what your payment should have been if based on your 2020 return and the payment sent based on your 2019 return. 

If you have questions about the economic impact payments, contact a tax advocate at 980-202-7329   

Child Support Won’t Be Taken Out of Stimulus Checks

As with second-round checks, third stimulus checks will not be reduced to pay child support arrears. 

Wage Garnishment:

The COVID-Related Tax Relief Act prevented garnishment of second-round stimulus checks by creditors or debt collectors. They could not be lost in bankruptcy proceedings, either. The IRS also had to encode direct deposit second-round payments so that banks knew they could not be garnished. This is in contrast with the CARES Act, which did not provide similar protections for first-round payments. These protections are included for the third stimulus payment as well.

Under the American Rescue Plan, payments will be protected from reduction or offset to pay federal taxes, state income taxes, debts owed to federal agencies, and unemployment compensation debts. (As well as child support, as was discussed above.) However, as with first-round checks under the CARES Act, there will be no additional protections against garnishment by private creditors or debt collectors for third-round payments.

Earned Income Credit 

The American Rescue Plan expands the Earned Income Tax Credit for 2021, raising the maximum credit for childless adults from roughly $530 to close to $1,500, while also increasing the income limit for the credit from about $16,000 to about $21,000, and expanding the age range that is eligible by eliminating the age cap for older workers. 

Child Tax Credit

The American Rescue Plan includes changes to the Child Tax Credit (CTC). Under current law, the CTC is equal to $2,000 for each qualified child under age 17 who resides with you for at least six months of the year. Up to $1,400 of this amount is refundable, but the credit begins to phase out at $200,000 of adjusted gross income for single filers and $400,000 for joint filers. 

This credit will not go into effect until the 2021 tax year, which will be filed in Spring 2022.

The new law provides the following revisions for the 2021 tax year: 

  • An increase in the CTC to $3,600 per qualified child under age six and $3,000 for a child up to age 17. 
  • An additional $500 credit is available for dependent children in college who are under age 24. 
  • The credit is fully refundable. 
  • The phaseout begins at lower levels of $75,000 of adjusted gross income for single filers and $150,000 for joint filers. But many higher-income families can still claim the $2,000 credit subject to the prior phaseout rules. 

Finally, the IRS will make advance payments of the credit, beginning in July. The exact logistics of that process are still being worked out. 

Dependent Care Credits 

The American Rescue Plan substantially increases the Dependent Care Credit for many moderate-to-high income taxpayers. 

Presently, the Dependent Care Credit is available for qualified expenses of caring for children under age 13 to allow you (and your spouse, if married) to be gainfully employed. The credit is generally equal to 20 percent of the first $3,000 of qualified expenses for one child and $6,000 for two or more children. Thus, the maximum credits are $600 and $1,200, respectively. 

The new law enhances the Dependent Care Credit for the 2021 tax year.

It increases the maximum credit to $4,000 for one child and $8,000 for two or more children for households with an adjusted gross income of up to $125,000. But the credit will be reduced below 20% for those with an adjusted gross income of more than $400,000. Finally, the credit for 2021 is refundable. 

This credit will not go into effect until the 2021 tax year, which will be filed in Spring 2022.

Student Loan Forgiveness Credit 

If a debt is forgiven or cancelled, it generally results in taxable income to the debtor. However, in limited cases, debts of student loans that are forgiven may be exempt from tax. 

The American Rescue Plan effectively creates a tax exemption for student loans made, insured or guaranteed by the federal or state governments, as well as loans from private lenders and educational institutions. This does not apply, however, to loans that are discharged in exchange for services rendered.

This provision is effective beginning with the 2021 tax year and lasts through the 2025 tax year but could be extended or made permanent. 

Taxes on Unemployment Benefits  

The American Rescue Plan exempts from federal income tax up to $10,200 of unemployment benefits received in 2020 by a family with an adjusted gross income under $150,000. Normally, those benefits would be fully taxable. This tax break is intended to help taxpayers who might be blindsided by an unexpected tax bill on their 2020 returns. 

Please note that states can still tax unemployment benefits as income.

UNEMPLOYMENT INSURANCE 

The American Rescue Plan extends the CARES Act’s unemployment insurance expansion through Sept. 6, 2021. Specifically, this act:   

Provides an additional $300 per week to on top of what beneficiaries are getting through their state unemployment insurance program. 

The first $10,200 of jobless benefits accrued in 2020 would be non-taxable for households with incomes under $150,000. Please note that states can still tax unemployment benefits as income.

Extends the Pandemic Unemployment Assistance (PUA) program, which provides continued unemployment assistance to the self-employed, freelancers, gig workers, part-time workers and other individuals in non-traditional employment. It also increases the number of weeks of PUA benefits an individual may claim, from 50 to 79;  

Extends the Pandemic Emergency Unemployment Compensation (PEUC) program, providing additional weeks of federally-funded benefits to workers who have exhausted their regular state unemployment benefits. It also increases the weeks of PEUC benefits an individual may claim, from 24 to 53.  

Apply for unemployment at the Department of Employment Security website or call 1-888-737-0259. If you have questions regarding your application or how the new relief bill affects your unemployment benefits, call our hotline 980-256-3979 and leave a message to receive assistance in English or Spanish. 

EMERGENCY MORTGAGE, RENTAL AND UTILITY SERVICES 

The plan provides $25 billion for emergency rental assistance, including $5 billion for emergency housing vouchers for people experiencing homelessness, survivors of domestic violence and victims of human trafficking.  

The plan also sends roughly $20 billion to state and local governments to help low-income households cover back rent, rent assistance and utility bills. There is $4.5 billion for the Low-Income Home Energy Assistance Program (LIHEAP) to help families with home heating and cooling costs. 

You can apply for utility assistance through the Low-Income Home Energy Assistance Program or RAMP Charlotte

The plan does not extend the CDC Eviction, which is set to expire at the end of March or the federally-backed Foreclosure Moratoriums, which are set to expire at the end of June. Read more here

**Update as of March, 29, 2021** The CDC recently extended these moratoriums through June 30, and Gov. Roy Cooper has also extended the statewide residential eviction moratorium for N.C. through June 30.

Read more on how you can use the moratorium to prevent eviction here.  

FOOD AND NUTRITIONAL ASSISTANCE 

Millions of families across the country are struggling to put food on the table. This act addresses food insecurity by:  

  • Extending the current 15 percent increase in food stamp benefits through September 2021, instead of letting it expire at the end of June. 
  • Providing $880 million for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to help increase participation and temporarily improve benefits 
  • Allowing states to continue the Pandemic-EBT (PEBT) program through summer for families with children who qualify for free and reduced meals in school. The program gives families financial assistance to replace the meals the kids would have received if schools had not been closed due to COVID-19. 

If you need assistance with applying for SNAP, PEBT, or other public benefits, contact our Family Support and Healthcare team at 704-376-1600.  

CHILD CARE 

The plan includes a number of provisions to increase access to child care, including an additional $15 billion through Sept. 30, 2021 for the Child Care and Development Block Grant. 

It does not reinstate mandatory paid family and sick leave approved in the CARES Act. But it will continue to provide tax credits to employers who voluntarily choose to offer the benefit through October 1, 2021. 

STUDENT LOANS 

Many federal student loans are continuing in forbearance, which is scheduled to end October 1. If student loan debt is forgiven after December 31, 2020, and before January 1, 2026, the cancelled debt won’t be taxed. 

FINANCIAL ASSISTANCE FOR HEALTH INSURANCE 

More Help to Pay for Health Coverage under the Affordable Care Act (ACA)

The American Rescue Plan provides financial assistance to help consumers get health insurance through the Federal Health Insurance Marketplace under the Affordable Care Act (ACA or Obamacare).  

Under the plan, consumers can receive increased premium tax credits to pay for coverage in 2021 and 2022, eliminating or reducing premiums for millions of current Marketplace enrollees to ensure that no one on the exchange spends more than 8.5 percent of their income on coverage premiums, regardless of their income level.  

This reduces the current 9.83 percent limit for people with income of 300 to 400 percent of the poverty line and establishes a new premium cap for Marketplace enrollees with higher incomes.  

Under the bill, people with income below 150 percent of the poverty line (about $19,000 for a single person and $39,000 for a family of four) would pay no premiums for a benchmark plan, after accounting for premium tax credits. Families who make more will pay a fixed percentage of income toward Marketplace health coverage.  

This will significantly reduce premiums for people who are currently eligible for financial help by increasing their premium tax credits. For example: 

  • A single individual making $18,000 would pay zero net premium rather than $54 per month (3.6 percent of income) and would qualify for the most generous subsidies for deductibles and other cost-sharing amounts.
     
  • A single individual making $30,000 would pay $85 rather than $195 per month in premiums (3.4 instead of 7.8 percent of income) and would qualify for a plan with reduced deductibles and other cost-sharing amounts. Or, with the bigger subsidy, the same person could opt to buy a gold plan with lower cost-sharing charges for $115 per month.
     
  • A family of four making $50,000 would pay $67 rather than $252 per month in premiums for benchmark coverage (1.6 instead of 6.0 percent of their income) and would qualify for generous cost-sharing reductions.
  • A family of four making $75,000 would pay $340 rather than $588 per month in premiums for benchmark coverage (5.4 instead of 9.4 percent of their income). A typical family could purchase a gold plan with lower deductibles and other cost sharing for about $440 per month (roughly 7 percent of income). 

An open enrollment period is open now through August 15 for anyone who wants to sign up for health insurance or change their current Marketplace plan. 

This open enrollment period gives people a new opportunity to get covered and take advantage of the financial assistance enacted as part of the relief package. 

Streamlines process to qualify for ACA subsidies 

The package also enhances premium tax credits (financial assistance) for people who receive unemployment benefits in 2021 by setting their Marketplace eligibility at a projected income levels that guarantee they will get the most generous premium tax credits under an ACA Marketplace plan, regardless of what their actual year-end income ultimately is. This includes people who have previously found themselves in the Medicaid gap. 

The package also eliminates the need to repay ACA subsidies from 2020. Some people lost their jobs early last year but later got new ones and saw higher earnings than they had expected. Others worked additional hours or received bonus pay as essential workers. Under this plan, low- and moderate-income families are exempt from having to repay the premium tax credit (financial assistance) they received in 2020. 

COBRA premiums covered 

Under the relief plan, the government would pay the entire COBRA premium from April 1 through Sept. 30, 2021 for those who lost employer-based coverage due to lay-offs or working reduced hours.  

A person who qualifies for new, employer-based health insurance someplace else before Sept. 30 would lose eligibility for the no-cost COBRA coverage. Someone who leaves a job voluntarily would not be eligible either. 

Incentivizes States to Expand Medicaid Eligibility  

The plan incentivizes states that still have not expanded their Medicaid programs (like North Carolina) to expand eligibility for adults by increasing matching federal funds (raising the state’s Federal Medical Assistance Percentage by 5 percentage points) over two years. 

In North Carolina, this means more than 500,000 residents in the Medicaid gap (those who currently make too little to receive financial help for Marketplace coverage and make too much to qualify for Medicaid) would finally have access to coverage and the health care at a time when they need it most. 

This incentive would pump $2.4 billion new federal dollars into the state in just two years if N.C. is willing to take advantage of it. 

States choosing to expand would be required to maintain Medicaid coverage levels to receive the increase, including the newly established requirement to cover COVID-19 vaccine and treatment (see below). 

Covers COVID Testing and Treatment 

The plan also requires Medicaid and Childrens Health Insurance Program (CHIP) coverage of COVID-19 vaccines and treatment without beneficiary cost sharing. Vaccines and vaccine administration costs would be matched at 100 percent until one year after the end of the Pandemic Health Emergency. States also would have the option to provide coverage to the uninsured for COVID-19 vaccines and treatment without cost sharing at 100 percent. Everyone should have access to COVID testing, treatment, and vaccinations regardless of income, insurance, or immigration status.  

Expands Access to Postpartum and Child Health Care 

The plan also gives states five years to extend their Medicaid and Children’s Health Insurance Program (CHIP) eligibility to include pregnant individuals for 12 months postpartum. States choosing this option must provide the full Medicaid benefit for pregnant and postpartum individuals during the 12-month postpartum period. 

Increased Funds for Home and Community-Based Services 

The plan provides temporary one-year FMAP increase to improve home-and-community-based-services as well as FMAP increases for services provided through the Urban Indian Organizations and Native Hawaiian Health Care Systems. The bill also would provide funding to states for the creation of nursing home strike teams to assist in managing COVID-19 outbreaks when they occur. 

Option to create new Medicaid Program for Crisis Intervention Services 

The plan gives states five years to creates a new optional Medicaid covered service for adults by offering mobile crisis intervention services for adults experiencing a mental health or substance use disorder crisis. 

Have questions about how this plan impacts your coverage options or access to health care? Contact our Family Support and Health Care team by calling 704-376-1600 

CDC Eviction Moratorium: What you Need to Know

*Updated March 29th, 2021. Original post September 10th, 2020*

The federal government, through the Center for Disease Control, has announced a temporary halt on evictions through June 30, 2021 to prevent the further spread of COVID-19. Under the order, landlords and property owners are prohibited from evicting certain tenants impacted by COVID-19. If you are an immigrant, you may have concerns about claiming protection under the eviction moratorium. While we think the risk is minimal, we provide the information below to help you decide what is best for you and your family.

CDC Evictions Moratorium Flyer (English)
CDC Evictions Moratorium Flyer (Spanish)

How do I Qualify?

You qualify for the temporary protection against eviction if one of the following applies in your situation:

  • You cannot pay your full rent payment because of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses.
  • Your income is below $99,000 annually for an individual/ $198,000 annually for a couple.
  • You are using your best efforts to make timely partial payments that are as close to the full payment as your circumstances permit.
  • You have used best efforts to obtain all available government assistance available for rent or housing.
  • If evicted, you will become homeless or will have to move in with others in close quarters.

How do I claim protection under the Temporary Eviction Moratorium?

To claim the protection against eviction, every adult tenant must sign an affidavit that includes an agreement to pay any accumulated rent arrears after June 30, 2020.

Why might I worry about signing the affidavit as an immigrant?

An immigrant may be denied a visa, lawful permanent resident status, or reentry into the US (as a lawful permanent resident) if she or he is likely to become a public charge. Public charge is defined as someone who is primarily dependent on the government for subsistence.

Why I SHOULD NOT worry about signing the affidavit even though I am an immigrant:

  • Getting help under the Temporary Eviction Moratorium is not considered cash or other financial assistance that could count against you as a federal benefit for the public charge test.
  • The income limit for the federal moratorium is substantially higher than the income threshold for the public charge test. When you state that your income is not above $99,000/$198,000 annually, you do not admit that your income is below 125% federal poverty guideline ($32,750 annual income for family of 4) and, therefore, you do not jeopardize your immigration application.

Is it conceivable that my immigration application could be denied because I signed the affidavit stating that I cannot afford my rent?

It is conceivable but very unlikely and, certainly, there should be a legal challenge to a finding of public charge on this basis.

Remember that public charge DOES NOT APPLY to:

  • Asylum or Refugee status
  • Green Card renewal
  • TPS, U or T Visa status
  • DACA status or renewal
  • Special Immigrant Juvenile Status
  • Violence Against Women Act (VAWA)
  • Immigrants who already have LPR/ a green card

CONTACT CHARLOTTE CENTER FOR LEGAL ADVOCACY TO SPEAK TO SOMEONE ABOUT YOUR OPTIONS.

  • 704-376-1600
  • Línea en español 800-247-1931

Obtenga La Ayuda Que Necesita Bajo La Moratoria Temporal De Desalojo

El gobierno federal, a través del Centro para el Control de Enfermedades, ha anunciado una suspensión temporal de TODOS los desalojos hasta el 30 de junio de 2021 para evitar una mayor propagación de COVID-19. Según la orden, los propietarios tienen prohibido desalojar a ciertos inquilinos afectados por COVID-19. Si usted es un inmigrante, es posible que le preocupe reclamar protección bajo la moratoria de desalojo. Mientras creemos que el riesgo es mínimo, la siguiente información puede ayudarle a decidir qué es lo mejor para usted y su familia.

¿Cómo califico para la moratoria?

Usted califica para la protección temporal contra el desalojo si alguna de las siguientes situaciones le aplica:

  • No puede pagar el pago total del alquiler debido a los ingresos del hogar, la pérdida de horas de trabajo o salarios compensables, despidos o gastos médicos extraordinarios de su bolsillo.
  • Sus ingresos son menos de $99,000 anuales por persona o $198,000 por pareja.
  • Está haciendo todo lo posible para realizar pagos parciales puntuales que se acerquen tanto al pago total como lo permitan sus circunstancias.
  • Ha hecho todo lo posible para obtener toda la asistencia gubernamental disponible para alquiler o vivienda.
  • Si lo desalojan, se quedará sin hogar o tendrá que mudarse con otras personas cercanas.

¿Cómo reclamo protección bajo la Moratoria Temporal de Desalojo?

Para reclamar la protección contra el desalojo, todos los inquilinos adultos deben firmar una declaración que incluye su acuerdo de pagar los atrasos de alquiler acumulados después del 30 de junio de 2020.

¿Por qué podría preocuparme firmar una declaración como inmigrante?

A un inmigrante se le puede negar una visa, el estatus de residente permanente legal o el reingreso a los EE. UU. (como un residente permanente) si es probable que se convierta en una carga pública. La carga pública se define como alguien que depende principalmente del gobierno para su subsistencia.

Porque no DEBO preocuparme por firmar la declaración a pesar de que soy un inmigrante?

  • Obtener ayuda bajo la Moratoria de Desalojo Temporal no es considerado dinero en efectivo u otra asistencia financiera que pueda contarse en su contra como un beneficio federal para la prueba de carga pública.
  • El límite de ingresos para la moratoria federal es sustancialmente más alto que el límite de ingresos para la prueba de carga pública. Cuando declara que sus ingresos no superan los $ 99,000 / $ 198,000 anuales, no admite que sus ingresos estén por debajo del 125% de la línea de pobreza federal (Ingresos anuales de $ 32,750 para una familia de 4) y, por lo tanto, no pone en peligro su solicitud de inmigración

¿Es concebible que mi solicitud de inmigración pueda ser negada por firmar una declaración declarando que no puedo pagar el alquiler?

Es concebible pero muy improbable y definitivamentedebería haber una impugnación i legal contra una determinación de carga pública basado en esto.

Recuerde que la carga pública NO APLICA a:

  • Asilados o refugiados
  • Renovación de su permiso de residencia
  • TPS, Visa U o Visa T
  • Estado de DACA o renovación de DACA
  • Estado Especial de Inmigrante Juvenil
  • Ley de Violencia Contra la Mujer (VAWA)
  • Inmigrantes que ya tienen Residencia Permanente

Comuníquese con Charlotte Center for Legal Advocacy para hablar con alguien sobre sus opciones.

  • Línea en español 800-247-1931
  • charlottelegaladvocacy.org

Action Alert: New HUD Proposal Would Roll-Back Fair Housing Protections, Enable Discrimination

Joint statement with the N.C. Justice Center

This week, the U.S. Department of Housing and Urban Development released a notice of proposed rulemaking to substantially change its existing rule on “Affirmatively Furthering Fair Housing (AFFH),” an important civil rights regulation implementing the Fair Housing Act.

The NC Justice Center (NCJC) and Charlotte Center for Legal Advocacy (CCLA), based on our initial review of the new draft rule, have substantial concerns and believe it will weaken enforcement of fair housing laws as well as the ability for residents to challenge housing discrimination and racial and ethnic segregation here in North Carolina.

HUD’s Affirmatively Furthering Fair Housing (AFFH) mandate was designed to correct discriminatory housing practices as well as the lasting impacts of government and privately sponsored residential segregation. Under the prior AFFH rule, jurisdictions and Public Housing Authorities (PHAs) that receive federal funding must analyze patterns of segregation and discriminatory housing practices for families with children, people of color, people with disabilities and members of other protected classes. They are also required to take actions to address barriers to fair housing. 

HUD’s proposed new rule is a step backwards in three specific areas:

  • First, unlike the prior AFFH rule issued in 2015, HUD’s proposed new rule does not even mention the need to address the negative effects of historic patterns of segregation. Instead, it only focuses on income without consideration of all the other barriers to affordable housing.
  • Second, HUD’s new rule will eliminate the community participation and engagement requirement that provides opportunities for members of local communities to have a say in the AFFH process.
  • Third, the draft new rule will no longer require jurisdictions to determine what barriers to fair housing exist in their areas, instead merely allowing them to determine their own fair housing goals. Public housing authorities, which serve thousands of North Carolinians and can play a crucial role in either reinforcing segregation or promoting integration and improving life opportunities, will no longer have substantive obligations under this draft rule.

As currently written, the proposed rule will undermine state and local efforts in North Carolina to address systemic and unfair racial disparities in housing, as well as the persistent patterns of racial segregation that continue to create unfair and unjust life outcomes for people and communities of color in our state.

A note from Charlotte Center for Legal Advocacy about this proposal:

U.S. Secretary of Housing and Urban Development Ben Carson was in Charlotte this week to announce a proposed rule change that would effectively roll back fair housing protections against discrimination and segregation.

His choice to make this announcement in Charlotte is an irony not lost on Charlotte Center for Legal Advocacy. We work with local partners every day to address the systemic inequities that have contributed to the lack of economic mobility in our community as well as the affordable housing crisis.

In 2013, the Equality of Opportunity study ranked Charlotte last in upward mobility among the 50 largest cities in the U.S. Since then, our community has agreed that issues of access, equity and economic opportunity are systemic problems. We must address these problems to ensure ALL in our community have a fair shot at achieving their greatest potential, regardless of income, background, race or zip code.

This rule would permanently weaken enforcement of fair housing laws. Instead of ensuring fair access to housing that is affordable, safe and habitable, this rule would perpetuate the legacy of discrimination and segregation that has shaped the community we live in today. 

This legacy is systemic. When the federal government chooses to ignore its role in that legacy, the opportunity to remedy past wrongs and adequately build a community that is equitable for all its residents is lost.

As an advocate for low-income and marginalized people, Charlotte Center for Legal Advocacy believes our community deserves better. Join us in opposing this rule and help us protect fair access to housing.

What you can do

Use Your Voice

Submit your comment on this proposal during the 60-day public comment period. Tell the federal government that our community believes in access to housing for all people. 

Share this message with your networks.

Encourage others to submit comments against this rule by March 16.

Learn more about national efforts to preserve fair housing and civil rights protections.

Media Links

“US Housing Chief Unveils Plan to Roll Back Fair Housing Rule” WFAE

“US Housing Secretary Ben Carson in Charlotte to focus on affordable housing” WCNC

“Ben Carson touts relaxed fair housing rule in Charlotte. Critics call it ‘dangerous’” Charlotte Observer


Then & Now: A Decade of Justice

In 2010 …

Charlotte was recovering from the Great Recession, which had destabilized thousands of people through job and home loss that eroded financial security.

As a result, Charlotte Center for Legal Advocacy saw the overall community need for legal assistance increase by 15%, including an overwhelming need from families facing foreclosure.

The Recession’s effects continued to be felt throughout the decade to shape our community, to define the issues of economic mobility and inequity we fight to address, and to steadily impact the people the Advocacy Center serves today.

As we mark the passing of a critical decade for Charlotte, we’re taking a look back at the work we’ve done to build a more just community for everyone in the Charlotte region.

Then

Our name was Legal Services of Southern Piedmont, a name we had been operating under since 1978.

Number of staff: 19

Now

Today we are Charlotte Center for Legal Advocacy! In 2017, we changed our name and celebrated 50 years of service.

Number of staff: 50

Our new name reflects our commitment to providing both individual legal representation and systemic change to advance our mission of pursuing justice for those in need.

Growth to Address Systemic Problems in a Changing World

Since 2010, we’ve launched several projects to meet increased demand for assistance, creatively address the root causes of poverty and support our community’s most vulnerable populations, including:

Access to our legal system

Life altering decisions are made every day in our civil legal system that directly impact a person’s chance at a stable life and opportunity.

Despite the gravity of these decisions, no one is guaranteed legal representation in civil legal cases, leaving only those who can afford an attorney with true access to justice.

Charlotte Center for Legal Advocacy and legal service organizations across the country fight to provide equal justice for all in a legal system that is currently inaccessible for those who lack the money and resources to navigate it.

Federal funding for legal service organizations through the Legal Services Corporation (LSC) peaked in 2010. The funding increase was necessary to support legal service organizations assisting an increasing number of people while having lost key funding resources during the Recession. Funding has not increased since, despite the fact 25 percent more people qualify for legal assistance today than in 2007.

Charlotte Center for Legal Advocacy does not receive LSC funding (learn why), but we advocate for sustained and increased funding for our partners that do, such as Legal Aid of North Carolina.

A 2014 impact report from the N.C. Equal Access to Justice Commission showed that 2.2 million North Carolinians qualified for civil legal aid services and 80 percent of civil legal needs of low-income people went unmet.

Despite these unmet needs for civil legal aid, the N.C. General Assembly eliminated $1.7 million in funding for the Access to Civil Justice Act that enabled the state’s legal service organizations, Charlotte Center for Legal Advocacy, Legal Aid of North Carolina and Pisgah Legal Services, to help people navigate their way out of crisis.

Today, the gap between access and justice is still wide:

  • 1 in 3 Mecklenburg County residents is low-income.
  • 71 percent of low-income people experienced at least one civil legal problem in the last year,
  • Only 14 percent received the legal help they needed to address their problem.
  • In Mecklenburg County, there ONE legal aid attorney available to every 11,500 low-income residents between the Advocacy Center and Legal Aid.

Learn about the justice gap and how you can help

Affordable housing and protection from housing displacement

By 2010, the Advocacy Center was assisting families who were fighting foreclosure and trying to put their financial lives back together in the wake of the global financial crisis. When the housing crisis peaked in 2009, more than 12 million homeowners were experiencing negative equity across the U.S.

Today, the Advocacy Center helps families and communities navigate Charlotte’s affordable housing crisis as more people struggle to find and remain in affordable places to live. That assistance includes foreclosure prevention; defense against unfair and deceptive sales and purchases; property tax relief; and impact litigation on behalf of tenants to ensure safe and habitable housing conditions under N.C. law, including a class action lawsuit on behalf of residents of Lake Arbor Apartments.

Welcoming Immigrants into Our Community

Charlotte’s Immigration Court opened in 2008 to serve applicants from North and South Carolina. The Advocacy Center’s Immigrant Justice Program began serving applicants who could not afford legal assistance in the court, which quickly gained a reputation as one of the most hostile in the country.

With the Immigration Working Group, the Advocacy Center began the Immigration Assistance Project in 2010 to help unrepresented people in the court, providing consultation, education and referrals to assist them in court proceedings. Since its creation, it has been a vital legal resource to thousands of people that is not available in most immigration courts.

Today Charlotte’s Immigration Court continues to be one of the most hostile courts for applicants seeking immigration relief with judges known for their high denial rates.

By 2014, violence and instability in Central America generated a wave of unaccompanied migrant children traveling to the U.S.-Mexico border seeking asylum, safety and reunification with family already living in the U.S.

The Advocacy Center launched the Safe Child Immigrant Project to ensure these children had an advocate.

Without our intervention, these children would have had not have had legal assistance to make their case for asylum, special immigrant juvenile status or other forms of relief they were entitled to receive.

Due to an overwhelming backlog, the first green cards from many of these cases were finally granted in 2018, allowing these children and their families to remain safely in the U.S. without fear of return to dangerous situations in their home countries.

This victory is a stark comparison to the current reality for thousands of children seeking relief at the U.S. border. They will not see the same outcome under current federal immigration enforcement, even though they have endured the same hardships and have the same valid claims for relief as these new green card recipients.

The Advocacy Center remains a presence in Immigration Court serving as a legal resource for individuals who otherwise would not receive any assistance and an advocate fighting to ensure dignity, fairness and due process for applicants.

Economic mobility

The Advocacy Center fought to maintain public benefits that stabilize families, while also ensuring access to them with increased demand for social support after the Recession, including SNAP benefits (food stamps) and the Earned Income Tax Credit.

Today, the Advocacy Center is still fighting cuts and policies that destabilize families at the federal and state level, while helping families understand what is available under changing laws and policies.

Since 2018, the Advocacy Center has fought changes to the federal Public Charge rule to consider use of public benefits to determine approval for people seeking to immigrate to the U.S. or applying for a green card to become legal permanent residents. Confusion and fear surrounding the rule change has led local families who are eligible to receive public benefits to forego support out of fear. Federal courts halted the rule’s implementation in October 2019, and the Advocacy Center continues to monitor ongoing litigation.

Our Low-Income Taxpayer Clinic is educating N.C. taxpayers on new regulations stemming from federal tax reform passed in 2018, while continuing to help taxpayers protect themselves from scams and fraud.

In conjunction with a new state law changed the waiting period for expunging non-violent misdemeanor and felony criminal convictions in 2017, the Advocacy Center began helping Mecklenburg County residents apply for removal of non-violent, eligible offenses from their criminal records. This project sought to remove barriers to economic mobility that come with having a criminal record. In FY19, we assisted 217 people to expunge criminal records in N.C. and advocated for passage of expanded eligibility for expungements in the N.C. General Assembly.

In 2016, the Advocacy Center partnered with Central Piedmont Community College’s Single Stop program to provide legal assistance that helps students overcome barriers to their education and pursue economic opportunity. In the first two years, the partnership provided $72,855 in legal assistance while obtaining or preserving $103,462 in public benefits for students and their families.

Access to quality, affordable health care

The Advocacy Center has been litigating to ensure families have the health care they are entitled to receive under the law through major cases, including:

  • Pashby v. Cansler, later Pettigrew v. Brajer: The lawsuit, initially named Pashby v. Cansler, was filed in 2011 by the Advocacy Center, Disability Rights N.C. and the National Health Law Program, alleging that the state violated federal Medicaid law and the Americans with Disabilities Act by determining eligibility for personal care services under more restrictive criteria for people living at home than for those who live in institutional settings known as adult care homes. A settlement was reached in 2016, allowing vulnerable citizens who need health services to safely remain in their homes and have their services restored.
  • Pachas v. NCDHHS: The Advocacy Center brought the case on behalf of a terminally ill man, who had been the primary provider for his wife, two young daughters, and elderly in-laws. Pachas was trying to support his family on Social Security disability benefits before eventually qualifying for Medicaid benefits that covered his medical treatment for a stroke and a brain tumor. Mecklenburg County Department of Social Services determined Pachas’ income was above the federal poverty level based on the level of an individual, not for a family, and required him to pay a large deductible on his Medicaid benefits. In 2018, attorneys argued before the N.C. Court of Appeals that the state was violating federal Medicaid law in applying its definition of family size to determine eligibility for benefits. The N.C. Supreme Court heard arguments on the case in 2018 and unanimously ruled in favor of the Center to vacate the Court of Appeals ruling. The case is now with the Court of Appeals for a ruling on the merits of the case.
  • Hawkins v. Cohen: The Advocacy Center and the National Health Law Program filed a lawsuit in federal court in 2017 to stop illegal terminations of Medicaid benefits in North Carolina that resulted in a preliminary injunction and a certified class action.  The improper actions included due process violations, failure to reasonably accommodate the disabled, and creating barriers to access for recipients with limited English proficiency. The class action is ongoing. As a result, the state changed its computer system earlier this year to stop Medicaid coverage from automatically terminating when a county worker does not timely complete a required eligibility review. Under this programming change, Medicaid coverage for more than 124,000 cases was extended in the past two months that would otherwise have been terminated without notice.

With the first open enrollment season for health insurance under the Affordable Care Act (ACA), the Advocacy Center launched the Health Insurance Navigator project to help consumers understand their options and get the health care they needed under the new law.

Since 2013, we’ve helped thousands of people understand their options and get health coverage, while reducing the state’s uninsured rate. The navigator project has been recognized as a national model and received a visit from Sylvia Burwell, U.S. Secretary of Health and Human Services, in 2015.

At the end of 2019, our health insurance navigators completed their seventh open enrollment season, helping residents in Cabarrus, Mecklenburg and Union counties understand their coverage options in a changing healthcare landscape to select health plan that meet their individual needs and budget.

The ACA included opportunity for states to expand their Medicaid programs and close the coverage gap for low-income people to insure all Americans. The Advocacy Center began advocating for expansion of the state’s Medicaid program in the N.C. General Assembly, which has failed to act. Expansion would insure an estimated 500,000 NC residents who make too little to afford private health coverage but too much to receive financial assistance paying for coverage. Expansion also would have lowered overall health costs for residents and spurred an estimated $2.9 billion in business growth by 2020.

Today we are still urging the N.C. General Assembly to expand Medicaid so that more residents have access to health care. Residents like Allan.

The N.C. General Assembly approved changes to the state’s Medicaid program in 2015 that privatized the administration of the program. The Advocacy Center has been working with providers and beneficiaries to make sure they understand what the change means and how to continue receiving health care. The Advocacy Center is also monitoring the change to ensure access under the law. The implementation of the new program was supposed to take place in fall 2019, but it has been delayed due to the legislature’s inability to pass a budget.

Protection from exploitation

To improve quality of life and ensure independence, the Advocacy Center has worked to empower seniors through education, legal representation and specific services that enable them to remain self-sufficient, their property unencumbered and their finances protected through the Legal Services for the Elderly program and other projects.

The Advocacy Center’s Consumer Protection program has continually worked to protect low-income people from scams and bad actors taking advantage of vulnerable groups who lack access to resources to understand their rights as consumers.

Immigrants have historically been targets for exploitation in our country. The current administration’s “zero-tolerance” policy toward immigrants who are undocumented has exacerbated their vulnerability and stoked fear in families, regardless of immigration status.

For 12 years, Mecklenburg County’s 287(g) program facilitated hundreds of deportations by assisting federal Immigration and Customs Enforcement (ICE) in implementing federal immigration enforcement at the local level. The voluntary program directed police to target, arrest and hold residents living in our community without a legal immigration status.

This practice tore families apart, made immigrants vulnerable targets and eroded trust of law enforcement, all while diverting local taxpayer funds away from public safety to enforce federal immigration policy, which is outside the jurisdiction of local law enforcement agencies. The Advocacy Center has long believed this policy has harmed our community by undermining public safety, depriving individuals of due process, wasting county resources, and exposing tax payers to potential legal settlements.

Mecklenburg County Sheriff Gary McFadden ended the 287(g) program in late 2018 after winning election on the issue. In 2019, Gov. Roy Cooper vetoed the N.C. General Assembly’s mandate that local sheriffs cooperate with ICE and honor detainer requests. The Advocacy Center continues to monitor local and state policies that negatively impact immigrants in our community.

In 2018, the Advocacy Center fought against ICE presence in our courts after officials arrested a woman and her 16-year-old son at the Mecklenburg County Courthouse, leaving her 2-year-old child behind in the court’s day care center as they took her into custody and placed her in deportation proceedings. This woman, Maria, and her son are survivors of domestic violence who were appearing for a hearing in their case.

The arrest became part of a national dialogue on how ICE activity in courthouses negatively impacts public safety and the ability for crime victims, especially victims of domestic violence, to seek justice.

The Charlotte Immigration Court later terminated her deportation case with the support of ICE, allowing Maria and her family to remain in the U.S. as they pursued a U-Visa, which provides protected status to victims of crime. The victory came after months of negotiation with ICE through the partnership of Charlotte Center for Legal Advocacy, Comunidad Colectiva and the National Immigration Project of the National Lawyers Guild.

In response to increased ICE activity since 2017, the Advocacy Center has partnered with community groups, including Action NC, Comunidad Colectiva, El Puente Hispano and the Latin American Coalition to help individuals understand their civil rights and provide emergency planning for families in the event of family separation through arrest and deportation.

A decade of justice

Charlotte Center for Legal Advocacy has covered a lot of ground over the  last 10 years, but the gap between access and justice remains wide.

In the decade ahead, Charlotte Center for Legal Advocacy remains committed to closing that gap by building a more just community where all are treated fairly and have access to legal representation to meet their basic needs and thrive.

In 2020 and beyond…

We will always fight to ensure

  • Access to our legal system
  • Affordable housing and protection from housing displacement
  • All feel welcome in our community
  • Economic mobility
  • Access to quality, affordable health care
  • Protection from exploitation

While the means to accomplishing our mission will change with the needs of our community, our resolve to pursue justice for those in need remains constant. Because we believe …

justice lives here.

Lake Arbor Residents Urged to Seek Legal Advice Ahead of August 31 Deadline

Concerns of residents signing away tenant rights

Charlotte, NC – Local legal advocacy groups are urging residents at Lake Arbor Apartments to seek legal advice ahead of a deadline for some to move out by the end of the month.

On July 30, residents received a notice from Lake Arbor Apartments stating that they must move out by December 31. Others were told they had leases that had expired or were no longer valid and they needed to move out by the end of August.

The notice also informed residents of an “Incentive Package” available for those who choose to leave voluntarily.

Charlotte Center for Legal Advocacy and the North Carolina Justice Center are concerned that residents could be giving up their legal rights as tenants without fully understanding all their options as the end of August nears.

The groups are especially concerned that residents who were told they did not have valid leases and must leave by August 31st, do not understand that they do not have to leave their apartments unless ordered to leave by the Sheriff, pursuant to a court order.

“A landlord’s notice to move out is not the same as a court-ordered eviction,” said Jack Holtzman, an attorney with the N.C. Justice Center. “Tenants with month-to-month leases have due process rights like all other tenants. That’s why it’s critical for residents to speak to a lawyer before making any decisions.”

The organizations urge all Lake Arbor residents to speak to an attorney even if they think they don’t have any legal remedies available to them.

The organizations are offering free legal advice to Lake Arbor residents who have been told to move out, asked to sign a release or offered an Incentive Package from the rental company.

Residents should call 919-856-2169 to discuss their options with an attorney.

The North Carolina Justice Center is one of the state’s preeminent voices for economic and social justice. As a leading progressive research and advocacy organization, its mission is to eliminate poverty in North Carolina by ensuring that every household in the state has access to the resources, services, and fair treatment it needs to achieve economic security. For more information, visit www.ncjustice.org

Charlotte Center for Legal Advocacy (formerly Legal Services of Southern Piedmont) provides expert legal advice and representation to those who cannot afford it, but desperately need it, something the organization has been doing since its inception in 1967. The Advocacy Center serves more than 3,500 families each year who are facing a crisis of safety, shelter, health or income, while providing committed advocacy work toward policy changes at the local and national level to impact a greater number of people. Charlotte Center for Legal Advocacy is a champion for those in need, ensuring their safety, security and stability. For more information, visit charlottelegaladvocacy.org.

Legal Groups Urge Lake Arbor Residents to Seek Legal Advice

Concerns of residents signing away tenant rights

Charlotte, NC – Local legal advocacy groups are urging residents at Lake Arbor Apartments to seek legal advice before signing any document from the apartment community.

On July 30, residents received a notice from Lake Arbor Apartments stating that they must move out by December 31, while some were told they had leases that had expired or were no longer valid. Those residents were told they have only 30 days to move out, until the end of August. The notice also informed residents of an “Incentive Package” available for those who choose to leave voluntarily.

Charlotte Center for Legal Advocacy and the North Carolina Justice Center are concerned that residents could be giving up their legal rights as tenants without fully understanding all their options. The organizations urge Lake Arbor residents to speak to an attorney before they decide whether to sign anything.

Lake Arbor residents who have been told to move out, asked to sign a release or offered an Incentive Package from the rental company should call 919-856-2169 to receive free legal advice and discuss their options with an attorney from these organizations.

Lake Arbor Community Town Hall

Saturday, August 10, 2019 | 11 a.m. to 1:30 p.m.
Tuckaseegee Rec Center
4820 Tuckaseegee Road
Charlotte, NC 28208
For more information or RSVP: 980-292-1780 | laketenassoc@gmail.com

The North Carolina Justice Center is one of the state’s preeminent voices for economic and social justice. As a leading progressive research and advocacy organization, its mission is to eliminate poverty in North Carolina by ensuring that every household in the state has access to the resources, services, and fair treatment it needs to achieve economic security.

Charlotte Center for Legal Advocacy (formerly Legal Services of Southern Piedmont) provides expert legal advice and representation to those who cannot afford it, but desperately need it, something the organization has been doing since its inception in 1967. The Advocacy Center serves more than 3,500 families each year who are facing a crisis of safety, shelter, health or income, while providing committed advocacy work toward policy changes at the local and national level to impact a greater number of people. Charlotte Center for Legal Advocacy is a champion for those in need, ensuring their safety, security and stability.