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I am considering, based on my disability, to request an

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I am considering, based...

I am considering, based on my disability, to request an exemption to the nyc residency requirement for my City job. Do you know if this is possible? I walk with a cane and my sister, who also works in the City drives me to work everyday from NJ to NYC

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

New jersey

Lawyer's Assistant: What steps have you taken so far?

Nothing. I have an appointment for a job promotion and residency is an issue

Submitted: 2 months ago.Category: Legal
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Customer reply replied 2 months ago
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Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,762
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

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Customer reply replied 2 months ago
thank you for responding. I await your answer.
Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Your Question:

I am considering, based on my disability, to request an exemption to the nyc residency requirement for my City job. Do you know if this is possible? I walk with a cane and my sister, who also works in the City drives me to work everyday from NJ to NYC

Response: Unfortunately, this is not possible. You cannot get a waiver of the residency requirement because of your disability. See NYC Administrative Code Title 12 Chapter 1 Sections 12-120 and 12-121.

<p style="margin-top:2.7pt;margin-right:0in;margin-bottom:2.7pt;margin-left:
0in;line-height:13.6pt">I am sorry that I do not have better news for you. However, as an Attorney and an Officer of the Court, I have ethical and professional obligation to provide you with accurate and honest information eventhough that information may not be in your favor. <p style="margin-top:2.7pt;margin-right:0in;margin-bottom:2.7pt;margin-left:
0in;line-height:13.6pt"> <p style="margin-top:2.7pt;margin-right:0in;margin-bottom:2.7pt;margin-left:
0in;line-height:13.6pt">Best wishes,<p style="margin-top:2.7pt;margin-right:0in;margin-bottom:2.7pt;margin-left:
0in;line-height:13.6pt"> <p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site. <p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">

Thank you for your cooperation.

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Customer reply replied 2 months ago
there is a hardship waiver that can be given by the Commissioner of DCAS. Could my condition fall under this?
Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

No, because you are claiming waiver based on your disability and not because the City cannot get another qualified person for the position:

"The commissioner of citywide administrative services on his or her own initiative or upon application of the head of an agency may certify that there is difficulty in the recruitment of personnel for a position and that to restrict recruitment for such position to persons who meet the residency requirements of section 12-120 based on their residence or their willingness to establish residence consistent with such requirements would not be in the public interest..."

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Customer reply replied 2 months ago
If I am not in compliance with the City residency requirements while currently employed with the City, will I have the opportunity to establish residency or is termination definite?
Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

You may be terminated for not being in compliance.

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site. Thank you for your cooperation.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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