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NEW YORK STATE OFFICE FOR THE AGING:
CONSUMER CIVIL RIGHTS and NONDISCRIMINATION

The New York State Office for the Aging (NYSOFA) monitors civil rights and nondiscrimination for services for older adults that are funded by NYSOFA. If you have a complaint about discrimination in such a program, you may contact NYSOFA to find out if we can help you. Please see the CONSUMER CIVIL RIGHTS and NONDISCRIMINATION information below.

New York State Office for the Aging:

CONSUMER CIVIL RIGHTS and NONDISCRIMINATION

The policy of the New York State Office for the Aging (NYSOFA) requires that all Aging Services funded through NYSOFA are available and provided to eligible New York State (NYS) older adults and their caregivers in compliance with federal and state civil rights laws, including:

  • Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000 et seq.; 45 CFR Part 80
  • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794; 45 CFR Part 84
  • Americans with Disabilities Act of 1990, Title II, 42 U.S.C. 12131; 28 CFR Part 35
  • Age Discrimination Act of 1975, 42 U.S.C. 6101; 45 CFR Part 91
  • The New York State Executive Law, Article 15, Human Rights

Programs receiving federal funds, state funds or state authorized payments paid by NYSOFA, cannot discriminate because of race, creed, color, age, national origin, sexual orientation, military status, sex, disability or marital status. This policy applies to NYSOFA, local Area Agencies on Aging (AAA) and other public or private agencies or providers getting funds through NYSOFA or AAA. If you believe such a program discriminated against you or someone else, you may file a discrimination complaint.

Civil Rights/Discrimination Complaint Procedures:

You may file your complaint directly with NYSOFA within three months of the alleged discrimination. NYSOFA may extend the three-month period if you can show good cause for not filing sooner.

You may file your complaint with NYSOFA, as follows:

  • Fill out one of the complaint forms below:
  • Submit your completed complaint form as follows:
    • By mail or email to: New York State Office for the Aging, ATTN: Office of the General Counsel , 2 Empire State Plaza, Agency Bldg. 2, 5th Fl., Albany NY 12223,
    • Email to civilrights@aging.ny.gov
    • Include your name, address, and phone number on the complaint. You may submit the complaint in English or in another language.
  • You may also file your complaint by calling the NYSOFA HELPLINE at 1-800-342-9871. Free interpretation and language assistance is available.

NYSOFA will process your complaint as follows:

  • NYSOFA will conduct an investigation.
  • The investigator will prepare a report for the NYSOFA Director.
  • The NYSOFA Director will make a final decision.
  • NYSOFA will send you a letter with the Director’s decision with copies to the program named in the complaint.
  • NYSOFA will generally send the decision letter within 90 days from the receipt of the complaint.
  • If you have questions or need help to file your complaint, please write, phone, or e-mail NYSOFA using the contact information above.

FREE INTERPRETATION AND LANGUAGE ASSISTANCE IS AVAILABLE.

You may also file complaints directly with the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR). The OCR enforces federal laws that protect you from discrimination in programs for older adults and their caregivers. You have 180 days after the alleged discrimination has occurred to file a complaint.

For more information, contact: U.S. Department of Health and Human Services , Office for Civil Rights, Jacob Javits Federal Building, 26 Federal Plaza - Suite 3312, New York, NY 10278, Voice Phone (212)264-3313, FAX (212)264-3039, TDD (212)264-2355.

Retaliation is prohibited:
The agency and staff named in your complaint cannot retaliate against you in any way for filing a complaint. Anyone who gives information about the complaint on your behalf is also protected from retaliation. If retaliation occurs, report it right away to NYSOFA or the United States Department of Health and Human Services, Office of Civil Rights, as indicated above.



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