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United States Civil & Human Rights Legal Questions answered by Lawyers

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My husband passed away five years ago. We have a property in th Philippines and I would like to transfer everything to my child. We are now residing in California, as U.S. citizens and my late husband a Filipino citizen.c
Estate Planning Civil & Human Rights Probate
How can I transfer Title on the property to my child?
Lawyer answer by Recososa Law Firm

Hello: We are sorry to hear about the passing of your husband, and we extend our deepest condolences. Regarding your concern, since your husband was a Filipino citizen and you are now both U.S. citizens residing in California, the property...

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About Civil & Human Rights Law in Buffalo, United States

Civil and human rights law covers the legal protections that prevent discrimination and protect basic liberties in public life. In Buffalo those protections come from federal statutes, New York State laws, and local ordinances and policies. Federal laws include the Civil Rights Act, the Americans with Disabilities Act, the Fair Housing Act and other statutes that prohibit discrimination by employers, landlords, service providers and government actors. New York State law often provides broader protections than federal law. The City of Buffalo and Erie County also adopt local rules and complaint processes to address discrimination and rights violations within their jurisdictions. Cases can involve employment, housing, police conduct, public accommodations, voting and access for people with disabilities, among other matters.

Why You May Need a Lawyer

Many civil and human rights matters are complex and may require legal representation. You may need a lawyer if you face:

- Employment discrimination or harassment based on race, sex, religion, national origin, disability, age, pregnancy, sexual orientation or gender identity.

- Housing discrimination - denial of rental or sale, evictions based on protected characteristics, or failure to provide reasonable accommodations for disabilities.

- Police misconduct, excessive force, unlawful search or seizure, or wrongful arrest.

- Denial of access to public services or public accommodations, or discrimination by businesses or schools.

- Retaliation after reporting discrimination or asserting legal rights.

- Complex procedural or jurisdictional questions - for example deciding whether to file with a federal agency, the New York State Division of Human Rights or a local commission.

A lawyer can evaluate your claim, identify the best forum and remedies, preserve evidence, explain deadlines and procedural rules, negotiate settlements and represent you in mediation or court.

Local Laws Overview

Key legal layers to know when pursuing a civil or human rights claim in Buffalo include:

- Federal law - Titles of the Civil Rights Act, the Americans with Disabilities Act, the Fair Housing Act, and other federal statutes govern discrimination by employers, housing providers, government actors and places of public accommodation. Federal law also provides remedies such as damages, injunctions and attorney-fee awards in many cases.

- New York State Human Rights Law - New York law often extends protections beyond federal law. It is enforced by the New York State Division of Human Rights and may allow claims based on additional protected characteristics or provide different time-frames and remedies.

- Local ordinances and enforcement - The City of Buffalo and Erie County may have ordinances and complaint procedures that address discrimination and civil-rights issues at the municipal level. Local civil rights bodies may offer intake services or local enforcement processes.

- Administrative filing requirements - Many claims must be filed first with an administrative agency - for example the Equal Employment Opportunity Commission for federal employment claims or HUD for federal housing claims - before court filings are allowed. State agencies have their own complaint procedures and time-limits.

- Statutes of limitation and procedural rules - Deadlines to file claims, evidentiary standards and available remedies vary between federal, state and local processes. Time-frames can be short, so prompt action is important.

Frequently Asked Questions

How do I know if I have a valid civil or human rights claim?

You may have a claim if you experienced adverse treatment - such as firing, refusal to rent, denial of services, or unlawful policing - because of a protected characteristic such as race, religion, sex, disability, age, national origin, sexual orientation or gender identity. A consultation with an attorney or an intake worker at a civil rights agency can help assess whether the facts meet legal standards.

Where should I file a complaint - locally, at the state agency, or federally?

It depends on the claim and timeline. Some people file with the New York State Division of Human Rights, others with a federal agency such as the EEOC or HUD. Local municipal offices may accept complaints about city services or local ordinances. An attorney can advise which forum is best and whether parallel filings are possible or advisable.

How long do I have to file a claim?

Deadlines vary by forum and claim type. Federal agencies often require filing within 180 to 300 days for employment matters, while New York State complaints frequently have different time-frames. Local ordinances may have shorter windows. Because time limits matter and can bar claims, seek advice promptly and preserve evidence right away.

Do I need a lawyer to file a complaint?

No, you can file some administrative complaints without a lawyer, but a lawyer increases the chance of a strong case, can handle procedural rules and deadlines, preserve legal remedies and negotiate settlements. For claims involving government actors, complex evidence, or significant remedies, legal representation is strongly recommended.

How much does a civil rights lawyer in Buffalo charge?

Fee arrangements vary. Many civil-rights lawyers take employment and some other claims on a contingency-fee basis - getting a percentage of any recovery. Others charge hourly rates, flat fees, or provide limited-scope representation. Nonprofit legal services and pro bono programs may offer free help when you meet income or case-type criteria.

What kinds of remedies can I seek?

Possible remedies include monetary damages for lost wages and emotional harm, reinstatement to a job, injunctive relief ordering an entity to change policies or provide accommodations, punitive damages in some federal cases, and attorney-fee awards. The available remedies depend on the law you invoke and the facts of the case.

What evidence should I gather?

Collect any written communications, personnel records, rental or lease documents, photos or videos, names and contact information of witnesses, medical or repair records for disability-related issues, police reports, and a timeline of events. Preserve messages and take careful notes about dates and interactions. Evidence preservation is critical for strong claims.

Can a government official or police officer be sued for violating my rights?

Yes, government actors can be sued, but suing public officials can involve complex procedural defenses such as qualified immunity and sovereign immunity. There are specific federal and state procedures, notice requirements and shorter time-limits for claims against government entities. An attorney experienced in civil-rights litigation can explain the requirements and help preserve claims.

What if I experienced retaliation after reporting discrimination?

Retaliation for asserting rights or filing complaints is itself unlawful in many contexts. Retaliation claims can strengthen a case and may be pursued alongside the underlying discrimination claim. Document retaliation, keep records of the protected activity and any adverse actions, and consult counsel quickly.

Where can I get free or low-cost legal help in Buffalo?

Look for legal aid organizations, neighborhood legal clinics, university legal clinics and local bar association lawyer-referral services. Nonprofit civil-rights organizations may also provide assistance or referrals. Eligibility for free services often depends on income, the nature of the claim and available funding.

Additional Resources

When seeking help, consider contacting or researching the following types of organizations and agencies in addition to private attorneys:

- Federal agencies that handle civil-rights claims - for example the Equal Employment Opportunity Commission and the U.S. Department of Justice Civil Rights Division.

- New York State Division of Human Rights - the state agency that enforces the New York State Human Rights Law.

- Federal housing and fair-lending enforcement - the U.S. Department of Housing and Urban Development for housing discrimination complaints.

- The New York State Attorney General - which may handle certain civil-rights enforcement matters.

- Local government human-rights or civil-rights offices - municipal or county offices that receive complaints about city or county services or local ordinances.

- Civil-rights nonprofit organizations - for example regional affiliates of national organizations and local advocacy groups that work on police accountability, disability rights, housing justice and immigrant rights.

- Local legal aid and pro bono programs - community legal clinics, neighborhood law offices and bar association lawyer-referral services in Buffalo and Erie County.

- Community-based supports - victim services, disability advocacy organizations and tenants rights organizations that can assist with documentation, advocacy and referrals.

Next Steps

If you believe your civil or human rights were violated, take these practical steps:

- Record details - note names, dates, locations and a clear timeline of what happened. Keep copies of emails, texts, letters, contracts, notices and other documents.

- Preserve evidence - save electronic messages, secure photographs or video and get copies of personnel or housing records as soon as possible.

- Contact the appropriate agency - determine whether you should file with a local office, the New York State Division of Human Rights or a federal agency, and find the agency intake process and deadlines.

- Seek legal advice - request an initial consultation with a lawyer experienced in civil and human rights. Ask about fee structures, likely timelines and possible remedies.

- Consider alternative dispute resolution - some cases can be resolved through mediation or settlement - an attorney can help negotiate and evaluate offers.

- Act promptly - time-limits can be short and missing a statutory deadline may bar your claim. If you are unsure, reach out to a lawyer or intake office quickly to preserve your rights.

Taking these steps will help you understand your options, protect evidence and move forward with the right procedural path for your situation.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.