May 4, 2007

EVERYTHING CHANGES ON MAY 1

Spitzer administration moves to reverse Pataki's HIV-welfare thievery and restore "SSI invisibility" — legislative action needed next
Allied forces: (from right to left) Maloney enthusiastically addresses the Housing Works crowd, as Baker and Hansell look on.
(CREDIT: Photo by Alix Winsby)

It came down to the wire, but in the end the hard-working Housing Works Albany advocacy team, fired-up HW clients and staff and dozens of New York's leading service and advocacy organizations convinced the Spitzer administration to do the right thing and reverse a cruel Pataki-era policy that robbed poor HIV-positive parents with disabled children of critical public assistance dollars.

"Talk is cheap," Spitzer's First Deputy Secretary Sean Maloney told a hundred-strong Housing Works contingent in a State Capitol press room on Tuesday. "But we're going to walk our talk and fix this issue. It's a firm commitment, and you can hold us to it."

The issue Maloney referred to is "SSI invisibility" for the approximately 1,100 HIV-positive New Yorkers who receive an AIDS emergency shelter allowance as well as SSI disability benefits for their disabled children.

Spitzer's program, political and budget staff came together this week to find the funding to end a Pataki-era policy that forced these families to count their children's SSI as part of their total income, thereby reducing the families' monthly benefits by, on average, a staggering $573 a month.

Housing Works has been engaged in a lawsuit, Melendez v. Wing , since 2002 asking the State courts to strike down the policy — and there was big action on that front this week, too (see below).

"This is great news," an HIV-positive Latina and single mother (who wished to remain anonymous because of AIDS stigma) told the Update. Her 3-year-old son has a permanent glandular problem that prevents him from talking or walking, though he can still smile and baby talk.

"I still have plenty of other things to worry about, but more money will make a huge difference to me and my son."

Making invisibility a reality

Table manners: Housing Works reminds Spitzer that SSI is not a "silver spoon."
(CREDIT: Photo by Alix Winsby)

Legislative action will be required to nail down the invisibility fix, and the Spitzer folks said very clearly that they'll need help from the Assembly and Senate to get the job done.

"Finding the funding is huge — it's the biggest piece of the puzzle," said Michael Kink, Legislative Counsel in Albany for Housing Works. "When the Governor comes to the table with a humane policy change and the money to pay for it, the Legislature is going to say 'yes.'"

The policy change on AIDS SSI invisibility is supported by 43 AIDS, disability, legal services, health, children's and antipoverty groups that sent a letter to Spitzer, Senate Majority Leader Joe Bruno and Assembly Speaker Sheldon Silver last Friday.

Kink continued discussions with Spitzer staff over the weekend into Monday, and an energetic Housing Works contingent kept the pressure on till the very end, marching around the Capitol's central twisting staircase and majestic, circular "War Room," chanting "Hey Spitzer! SSI for AIDS kids now!" The chants continued until right before Maloney made his announcement.

"We're very pleased that you decided to do this because this means we don't have to go to jail," joked Housing Works president and CEO Charles King to the Spitzer crew, which included Commissioner of the Office of Temporary and Disability Assistance David Hansell, Deputy Secretary for Health Dennis Whalen and Assistant Secretary for Health and Human Services Joe Baker.

Hansell, who has deep roots in New York City's AIDS community, told the Update that "there was no time during the budget process to address this issue," but that he was moved that it had finally happened. "This is my heart and soul. This is why I'm honored to have this job," he said.

King thanked the group on behalf of the 1,100 families and kids — and said that Housing Works will be watching and working to make sure that Maloney and the Spitzer administration do in fact "walk" their "talk."

King also took the opportunity to ask for Spitzer's support on two more important state-level AIDS policy issues: legislation to implement 30 percent rent caps for all low-income HIV-positive tenants and "HASA for ALL" legislation to expand enhanced housing, nutrition and transportation benefits statewide.

We'll report on the legislative progress of the AIDS SSI invisibility fix in coming issues of the Update — thanks to everyone who jumped in to support the effort.



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