Announcements
Welcome Juan Baez!
The AIDS Law Project of Pennsylvania welcomes back former intern and now attorney Juan Baez. Juan is our Drexel Public Service Fellow for 2011-2012. Juan was last with us as a student of the Earle Mack School of Law at Drexel University, when he was part of the 2009-2010 Civil Practice Field Clinic, which we host in our office. Juan will work part-time over a six-month period beginning Dec. 1. He is admitted to practice law in Pennsylvania and New Jersey.
PA Appellate Court Rules in Favor of AIDS Law Project Client
A Pennsylvania appellate court has ruled in favor of our client, a woman wrongfully kicked out of a personal care home because she has HIV.
Last year, the AIDS Law Project of Pennsylvania scored a huge victory for the client: After a two-day public hearing, the Pennsylvania Human Relations Commission (PHRC) issued a decision awarding our client $50,000 plus interest, and ordered the personal care home to implement a non-discrimination policy. The personal care home remained adamant they had done nothing wrong and appealed the decision.
Now, the Commonwealth Court of Pennsylvania has issued an opinion affirming the PHRC’s decision in all respects.
In a forceful, published opinion, the Commonwealth Court also awarded delay damages and attorneys fees assessed against both the defendant and their counsel. Specifically, the Court held that the appeal had no basis in fact or law and was taken only to delay payment to our client.
Sarah Schalman-Bergen, of counsel to the AIDS Law Project and associate at Berger & Montague, P.C., was co-counsel on this case.
For more, see stories on the ruling in The Morning Call newspaper here:
http://www.mcall.com/news/local/mc-northampton-hiv-canal-side-appeal-20111024,0,1020972.story
And in the Pennsylvania Law Weekly here:
http://www.aidslawpa.org/wp-content/uploads/2011/11/
Legal-Inteliigencer-article.pdf 
The opinion can be read here:
http://www.courts.state.pa.us/OpPosting/Cwealth/out/2459CD10_10-20-11.pdf
Ronda with her "Outproud Friend" award, a miniature version of the Liberty Bell (Photo courtesy Donald D. Groff)
AIDS Law Project leader receives award
Executive Director Ronda B. Goldfein, Esq. received the 2011 “Outproud Friend” award, given by Philly Pride, organizers of the PrideDay Parade and Festival, OutFest and other Philadelphia Pride events. The award recognizes contributions made by allies on behalf of the LGBT community. Ronda was formally presented her award on Sunday, Oct. 9, 2011, at Outfest, held in Center City Philadelphia.
The Philadelphia Gay News, the area’s largest and oldest publication targeted to the lesbian, gay, bisexual and transgender community, published a profile on Ronda and the Outproud Friend Award in October 2011. That article, written by Timothy Cwiek, can be viewed here.
Property Tax/Rent Rebate Program
Senior citizens and people with disabilities who live in Pennsylvania are encouraged to apply for the Property Tax/Rent Rebate program, which provides rebates of up to $975 to residents who meet program criteria. The deadline to apply is December 31, 2011. Free application assistance is available at Revenue district offices (listed in the government section of local phone books), local Area Agencies on Aging, senior centers and state legislators’ offices. Request a form online by clicking here, or call, toll-free, 1-888-222-9190.
State Program Helping Delinquent Homeowners Has Been Shut Down
Because of insufficient funding, the Homeowners Emergency Mortgage Assistance Program, or HEMAP, has been suspended as of July 1. This program was offered through the state of Pennsylvania and provided loans to homeowners who had fallen behind on their mortgage. People in a temporary financial crisis received a no-interest loan for the full amount of their deficiency. Homeowners still may apply for federal funds through EHLP (Emergency Homeowners Loan Program) through September 2011. Note, however, that this program has stricter requirements — for example, the client must be at least three months behind on payments.
If you need help with this or any housing-related issue, call us at 215-587-9377 between 9:30 a.m. and 1 p.m.
Links to information:
http://www.phfa.org/forms/hemap/HEMAP_No_Funds_2011.pdf
http://www.nw.org/network/foreclosure/nfmcp/WhoDoesEHLPassist.asp
Law review article on AIDS Law Project now online
An article on the pioneering work of the AIDS Law Project of Pennsylvania that recently was published in the Temple Law Review is now on the Web. It was written by Executive Director Ronda B. Goldfein, Esq., and Sarah R. Schalman-Bergen, Esq., of counsel, and entitled “From the Streets of Philadelphia: The AIDS Law Project of Pennsylvania’s How-to Primer on Mitigating Health Disparities.” The article is available as a PDF here.
AIDS LAW PROJECT EXECUTIVE DIRECTOR AND A FORMER BOARD PRESIDENT ARE NAMED TO NATIONAL “TOP 100″ LIST OF HIV/AIDS ADVOCATES
AIDS Law Project of Pennsylvania Executive Director Ronda B. Goldfein, Esq., and former AIDS Law Project board president David Acosta were both named to the 2010 list of the POZ 100, recognizing the top HIV/AIDS activists in the country. POZ is a magazine and website for people living with and affected by HIV/AIDS.
The POZ 100 noted that Goldfein “battles for HIV-positive people by fighting against stigma, discrimination and ignorance.” Acosta, prevention coordinator in the City of Philadelphia’s Health Department and a writer/activist for health care reform, “uses art and conversation to address cultural social change and undo the ties – and tongues – that bind,” the listing said. Acosta served on our board in the late 1990s and early 2000s.
The AIDS Law Project congratulates Goldfein and Acosta, and joins POZ in celebrating their achievements in their respective fields.
The POZ 100 and an accompanying story are available on the Web at: http://www.poz.com/articles/POZ_100_HIV_2546_19399.shtml.
AIDS Law Project of Pennsylvania Wins Case for Client Who Was Wrongfully Thrown Out of Personal Care Home Because She Has HIV.
Pennsylvania Human Relations Commission orders more than $63,000 in compensatory damages and civil penalties to woman illegally denied a place to live because she has HIV.
Please CLICK HERE for our press release
Please CLICK HERE for the opinion
Financial Services Company Ordered to Pay Retirement Money to Longtime Partner Instead of Ex-Wife
The AIDS Law Project of Pennsylvania announces a victory in a case involving TIAA-CREF, a financial services company, which had awarded a deceased gay man’s retirement benefits to his ex-wife rather than his longtime partner who was named as his beneficiary.
On May 27, 2010, in connection with that victory, the parties agreed to settle the surviving partner’s claims against TIAA-CREF in consideration for payment of an undisclosed amount in attorneys’ fees.
This January, U.S. District Judge Stewart R. Dalzell ruled in favor of Mr. Thomas Bernardo, Dr. John L. Turner’s life partner of more than 27 years. Dr. Turner, who died in March 2008, was one of the first physicians—to come forward to treat HIV in the earliest years of the epidemic. Judge Dalzell decided that Mr. Bernardo was the lawful beneficiary of all Dr. Turner’s annuity contracts, and that was therefore entitled to the full amount of money in dispute.
For more information, read our press release or Judge Dalzell’s opinion.
