The Senior Citizen and Disabled Protected Tenancy Act of 1981 as amended protects senior citizens and the disabled from eviction because of a conversion of property to condominiums or co-ops when the household income is no higher than three times the per capita income in the county in which they live or $50,000, whichever is greater; and when the individual is more than 62 years old or is the surviving spouse of a senior citizen who has used the unit as a principal residence for one year and who is at least 50 years of age. 0000004006 00000 n This program is a New Jersey Department of Health and Senior Services initiative, in partnership with county governments, to provide a new and easy way for senior citizens and their families to learn about and obtain needed services. Your physician may also issue a do not resuscitate order based on your advance directive. Always put such agreements in writing. 0000003391 00000 n Supplemental Security Income (SSI), you are automatically entitled to receive Medicaid. The latter is called a springing power of attorney. The tenant would otherwise qualify as a senior citizen tenant or disabled tenant pursuant to that amendatory and supplementary act, except that the building or . An attorneys advice and representation can be very helpful. In NYC, tenants may contact the NYC Department of Finance at 311. This also makes collecting data around housing difficult, he added. 62. The person you have named as executor then has a duty to carry out your intentions. The ADEA makes it unlawful for an employer to refuse to hire an individual or to discharge an individual or discriminate against a person with respect to his or her compensation or other terms and conditions of employment because of that individuals age. 2 the "Senior Citizens and Disabled Protected Tenancy Act" and : 3 : amending P.L.1981, c.26. The lawincludes extra protections for senior citizen and disabled rent regulated tenants who are subject to eviction or rent increases. Tenants living in Nassau County and Westchester County may call DHCR at (914) 948-4434 to obtain an application and to inquire about their municipality'sincome and eligibility levels. A court order can be obtained to provide such services. If the administrative agency determines that a tenant is no longer qualified for protected tenancy under that act, the administrative agency shall proceed to determine . This program offers several care alternatives to individuals who would otherwise qualify for placement in a nursing facility. Your bank accounts may be frozen and the creditor can apply to the court for an order directing the bank to turn over your money to the creditor. NURSING HOMES, ASSISTED LIVING & OTHER RESIDENTIAL FACILITIES. Thus, it is particularly important to trust whomever you ask to be your power of attorney. Residents of rooming and boarding facilities licensed by the New Jersey Department of Community Affairs may not ordinarily be evicted from such premises except for good cause as defined in New Jerseys Just Cause for Eviction Act. The device can be a two-edged sword: it can be helpful in providing quick access to your funds, but it can also be used by vindictive family members or dishonest persons since Social Security requires little proof of incapacity. 76-1432 . 70. If you open up a joint bank account larger than a small household account, you should be aware that the account may be depleted by an untrustworthy joint owner, or that the entire account may be seized by a creditor of the co-owner. The Rent Laws provide certain protections to senior citizens, disabled tenants and/or their spouses against eviction based on owner occupancy. Yes. 68. MyTax.DC.gov. 0000007310 00000 n Contact Editor Terrence McDonald for questions: info@newjerseymonitor.com. 61. The need for a will or the appropriate time to change a will involves legal questions that should be resolved after discussing the situation with your attorney. In 1993, the Legislature passed the Adult Protective Services Act, N.J.S.A. %%EOF A reconsideration request alleges that a Social Security overpayment claim is incorrect and asks for a review of the finding. Any deductions from the deposit must be itemized. [1981], c. [226] (C. [2A:18-61.22 et seq.] If you are eligible for certain Railroad Retirement benefits, you may be barred from receiving Social Security. 10. 132 0 obj <> endobj This page is available in other languages, Disabled Persons and Senior Citizens Special Rights, Eligible disabled persons may qualify to have their rent frozen under the Disability Rent Increase Exemption (D.R.I.E) program. No owner, operator or employee shall serve an eviction notice upon a resident or take any other action in retaliation for: a) the efforts of the resident or a person acting on his or her behalf to enforce any rights under a contract or any law; or. In most cases, wills are not read until the deceased has already been buried, so making plans with the funeral director and letting your family know which funeral home has your instructions is advisable. Unlike Social Security, SSI is based on need. It also contains the instructions for form #RTP-13A. When must a trustee be designated under my will? 88. You should try to make a deal with your creditor or his. A durable power of attorney becomes effective immediately upon executing the instrument and remains in force despite your incapacity. All appeals must be filed within 60 days of the date of the decision that you are appealing unless you have a good cause for filing late. They are prohibited from using threats of violence, obscene or profane language, or other criminal means to collect debts. Eligible disabled persons may qualify to have their rent frozen under the Disability Rent Increase Exemption (D.R.I.E) program. Under other circumstances your real estate may be sold at a sheriffs sale to satisfy the judgment. Under the act, abuse is defined as any willful infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful deprivation of services that are necessary to maintain a persons physical and mental health. Disabled persons may also apply to have their rent frozen under the D.R.I.E program. If you have a child who is a minor, a guardian should be appointed under the will who would serve if you and your spouse die before the child reaches the age of majority. Unless otherwise directed or authorized by the Department of Community Affairs, an operator who wishes to evict a resident must follow the same procedures and substantive laws that govern the eviction of other tenants under the Just Cause for Eviction Act. Delaying your retirement does not impair your eligibility for Medicare, although you will have to make an application for a Medicare card, unlike retirees who are automatically enrolled in Medicare Part A. As soon as the notice of the over-payment is received, write to the Social Security Administration, filing a petition for reconsideration and a waiver. If you find something unfavorable in your history that you do not agree with, you are entitled to submit an explanation, which must be made a part of your credit history. Approximately one million elderly Americans are victims of abuse, mostly women over the age of 75, often by their own caretakers. If you dont agree with the decision, you have a right to appeal. Medicare will then review your appeal and send you its decision. Under a sale/leaseback, an investor purchases the homeowners home and grants the seller a life tenancy. The only notice is a letter to you that if you do not object within 10 days, the third party will be named as your representative payee. What are the other programs that are available? It would exclude hotels, motels, and other guest houses for transient and seasonal tenants. nrl fantasy stats 2021 / papanasam tourist places / senior citizens and disabled protected tenancy act. Joint property passes to the survivor and IRA accounts, retirement benefits and life insurance are distributed in accordance with the beneficiary designation. In New Jersey, you can set up a burial fund to help pay for your funeral. On the other hand, it is not unlawful for an employer to take action with regard to any employee for good cause, where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or where the grounds for taking any action are based on reasonable factors other than age, and such factors are not a subterfuge to avoid the law against age discrimination. In contrast, an unsecured creditor has no right to take any of your property to satisfy a debt without first bringing a lawsuit and obtaining a judgment against you. All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Defense of Drug Possession Cases in Municipal Court. 47. What can I do now, while Im healthy, to protect myself in the event of a future disability? If the waiver is denied, ask for a reconsideration of waiver. This program provides a $100 reimbursement to eligible persons who purchase a hearing aid. The purpose of SSI is to provide a minimum income to low-income people who are 65 or older, blind or disabled. 14. When the change is fully phased in 2022, the normal retirement age will be 67, as is evidenced by the table on the following page. It must do this before it allows you to make any repayment. Amended by L.1981, c. 8, s. 6, eff. -X,L!2 W 0000003346 00000 n The services include case management, home health, homemaker, medical day care, non-emergency medical transportation, respite care, social day care and prescribed drugs. New Jersey Monitor maintains editorial independence. In this manner, a non-probate asset such as insurance will pass as part of the overall estate plan. Under certain circumstances, a tenant may be evicted. * applicants must receive counseling from a HUD certified counseling agency that is separate from the lender. You must give your advance directive to your attending physician or the medical institution caring for you. In many situations the employers group health insurance plan (EGHP) will have primary responsibility for insuring the over-65 worker (and the spouse of the older worker), with Medicare taking only a secondary role. 0000003686 00000 n These quarters end March 31, June 30, September 30, and December 31. The creditor must acknowledge receipt of your letter within 30 days and explain the bill or correct the mistake within 90 days. The state adds a supplemental benefit, and both are included in the monthly SSI check that recipients receive. h) To provide opportunities for the assisted living facilities and programs to become a valuable community resource. What constitutes the exploitation of a senior? Can a creditor garnish or seize my Social Security benefits? Age discrimination refers to the treatment of an individual in a manner different from others based solely or primarily upon the age of that individual. In a rent stabilized apartment, the rent collected from a roommate cannot exceed their proportionate share of the apartment. By providing a uniquely designed package of supports for the individual, JACC is intended to supplement and strengthen the capacity of caregivers, as well as to delay or prevent placement in a nursing facility. At that hearing you can be represented by an attorney and may present evidence, including sworn testimony to support your case. You have the right to inspect your credit history at any time. 67. The Bar's referral service also offers a special program of legal services for low-income senior citizens in some areas. In June 2000, the U.S. Supreme Court restricted the ability of grandparents to gain visitation rights to a grandchild. Residents may not, therefore, be evicted unless an operator can prove one of 16 specific grounds for eviction. If you are under age 65 and you earn more than $12,000, your Social Security benefits will be reduced by $1 for every $2 of earnings over the limit. Once you are on the Social Security benefit rolls, your checks will increase automatically to keep up with increases in the cost of living. In NYC, tenants may contact the NYC Department of Finance at 311. What are the legal reporting implications of reporting elder abuse? However, a new application for benefits can often be made and the whole process will start over again. If you are employed, the creditor may obtain a court order requiring that your employer turn over a portion of your paycheck to satisfy the judgment. Some local lenders have their own reverse mortgage programs, which vary in terms and features from those listed previously. 4. The law made significant changes in the area of trusts. If you apply two or three months before your retirement month, your checks start for the month you retire. The state law prohibits discrimination in employment opportunities and in access to any place of public accommodation, publicly assisted housing accommodation and other real property because of race, creed, color, national origin, ancestry, age, marital status or sex. May 29, 2022 . Show simple item record. But because of these severe consequences, it is prudent to plan now, while you are in good mental and physical health, for possible incapacity. It also contains information on the Senior Citizen Rent Increase Exemption (S.C.R.I.E) program. 11. You're all set! The amount of that deposit may not exceed 11.2 months rent. trailer A secured creditor has a lien or security interest in your real estate or an item of personal property. State regulations are updated quarterly; we currently have two versions available. More comparison features will be added as we have more versions to compare. Through ECO, the Caregiver Assistance Program (CAP) provides in-home services to an eligible New Jersey resident that supplement the services provided by the residents family and friends. 2A:18-61.10. Title II of the ADA prohibits discrimination on the basis of disability in all programs, services, and activities provided or made available by public entities (state and local governments and special purpose districts). Some of these actions (such as direct deposit of Social Security benefits and third-party payment accounts) can be taken directly by you. xref The federal government runs the program and pays most of the benefits. %%EOF Keep asking questions until the matter is understood. ), notwithstanding the provisions of subsection a. of this section, where the court has jurisdiction pursuant to that subsection, whether by virtue of the authorization by the court of a stay of eviction or . 38. ?R#)4x:8sE1*q|?D?M`t2; rE It is important to notify Social Security promptly about changes that could affect your checks. The law provides for payment to your conservator from your estate. What is the JACC program (Jersey Assistance for Community Caregiving)? On or after the effective date of the "Senior Citizens and Disabled Protected Tenancy Act," P.L. 0000001275 00000 n In NYC, tenants may contact the NYC Department of Finance at 311. Residences are to provide services that are consistent with the following principles of assisted living: a) To provide personalized services and care to meet each residents needs; b) To foster the independence and individuality of each resident; c) To treat each resident with respect, courtesy, consideration, and dignity; d) To assure each resident the right to make choices with respect to services and lifestyle; e) To assure each residents right to privacy; f) To nurture the spirit and uniqueness of each resident; g) To encourage families and friends to participate in resident service planning and implementation; and. (Photo by Bastiaan Slabbers/NurPhoto via Getty Images). agreement with the United States, you may receive wage credits for Social Security benefits. If you are not eligible for free help from the Legal Services office, you should seek guidance from your county office on aging or from a private attorney. For example, if the Social Security Administration thinks veterans benefits were received in January, February and March, and they actually didnt come until April, the matter can be resolved at this stage. If you were employed in a foreign country, which has a totalization. Persons who have income of less than $1,737 per month have a choice between Medicaid Only and Medically Needy. What is PAAD (Pharmaceutical Assistance to the Aged and Disabled)? Eight services are available under CCPED. It is best to first call your landlord and then send a letter confirming the details of your conversation. How will work affect my retirement benefits? Beginning in 1984, a part of your Social Security benefit can be included in your taxable income depending on your adjusted gross income, and the amount of your benefits. Should I give my landlord oral or written notice of problems? What is the role of non-probate assets in planning my estate? Typical examples are bank accounts, stock certificates and personal property, such as jewelry and motor vehicles. If you are found to be incapacitated, you lose all rights, the right to vote, to make wills, to contract, to marry, to move. Part A Medicare will also help pay for stays in skilled nursing facilities, home health care, and hospice care if the patient qualifies. The third stage involves a review by the appeals council that must be filed within 60 days of the decision by the administrative law judge. The law also protects a disabled person who is totally and permanently unable to work because of a physical or mental impairment or blindness when that person also meets the income standards and has lived in the building for at least one year. Sign up for our free summaries and get the latest delivered directly to you. Not all renters, particularly in single- or two-family units, are on file with their municipality or even have official lease agreements, he said. 43. The goal in estate planning is to coordinate the disposition of non-probate assets with the plan for probate assets. The secretary of health and human services was directed to promulgate regulations concerning annuities. While it is not required that an individual be represented by an attorney, the procedures to be followed can get very complicated, especially with regard to deadlines for filing required documents. b. The statute includes additional prohibitions against discrimination on the basis of age by employment agencies and labor organizations. It would exclude hotels, motels, and other guest houses for transient and seasonal tenants. 76-1434 . If an overpayment results from your knowing failure to report a change, a penalty may be assessed. If you fail to make your loan payments, a secured creditor is entitled to satisfy the debt by repossessing the item you purchased or promised as collateral if it is personal property, and to file a foreclosure action in court if it is real estate. Tenants living in select municipalities within Nassau County and Westchester County may call DHCR at (914) 948-4434 to obtain an application and to inquire about their municipalitys income and eligibility levels. |Ff84N$F~3HTK}e t]nu>^> ?L~84}UzrTk{. hb``b``*d T, b\PX )g\'W c. However the court shall not authorize any further stays at any time after one such stay has been authorized when the owner has also provided a tenant with hardship relocation compensation of waiver of payment of 5 months' rent. All of these must be fully understood by the consumer before he or she decides whether or not the particular arrangement is appropriate under the circumstances. Exploitation means the act or process of illegally or improperly using a person or his or her resources for another persons profit or advantage. However, to cope with the demographics of an aging population and the longer life span of the individual worker, the normal retirement age was increased gradually beginning in 1999. The first bill (S2961) would extend the protection period under the Senior Citizen and Disables Protected Tenancy Act, which aims to protect senior citizens and people with disabilities from being pushed out of their apartments when they are converted into condos or co-ops. People preparing for Medicaid or SSI eligibility can also set up a funeral fund. Some factors reduce benefits, e.g., living arrangements or monetary assistance from friends or family. The first bill would help a relatively small number of people, Chen said, but the legislation seeking to expand cash payment receipts to small landlords would apply to a substantial number of renters who have historically had fewer protections than people renting from large landlords. 0000056353 00000 n An attorney can be extremely helpful in appealing overpayment cases. The operator of a boarding house must make sure that a written notice of the rights of boarding home residents is given to every resident upon admittance to the boarding home and to each tenant already living there. The sheriff or constable may attempt to levy on your property and sell the items at public sale. An inter vivos trust is also commonly know as a living trust. Your future checks will be made out in the name of your representative payee for your benefit, e.g., Mary Smith for John Smith. The last step in the appeals process involves a lawsuit in federal court. Transfer penalties can be avoided by returning all of the assets that were transferred. When you receive less than you should, bring the fact to the attention of a claims representative. =81/|>I\k}|K7:N G0 #_p4f;JB( e#&1$$Hfq{Iu"}wAa&D_! Whenever you communicate with your creditor or their attorney, you should always send letters and keep a copy so that you are clear on what was discussed and agreed upon. 0000036240 00000 n The action may be brought to enforce such rights and to recover actual and punitive damages for their violation. To qualify for SSI, you must be at least 65 years old, blind, or disabled. If a trust arrangement is part of your will, a trustee is to be designated to manage and distribute the trust funds. 0000003437 00000 n 2) Does a senior citizen on a fixed income have any protection against rent increases? Medicaid pays bed hold fees for 10 days. The operator must also post the notice in a conspicuous public place in the boarding facility. To be eligible for Medicare, one must have paid into the Social Security system while he or she was employed for at least 40 quarters and be 65 years of age or must have been receiving Social Security Disability Insurance for 24 months. The protection is good for a period of 40 years. Peter Chen of progressive think tank New Jersey Policy Perspective supports the bills but said lawmakers are nibbling at the edges of a much bigger problem that tenants have seen substantial rent increases over the last two years in New Jersey and the rest of the nation. Do not ignore legal papers. Many banks offer free checking to older adults who sign up for direct deposit. If the waiver is denied, ask for a reconsideration request alleges a... Who are 65 or older, blind or disabled ( Jersey Assistance for community Caregiving?! States, you have named as executor then has a lien or Security interest in real... Should, bring the fact to the survivor and IRA accounts, stock and! Landlord oral or written notice of problems your advance directive would exclude hotels, motels, other! Deal with your creditor or his or her resources for another persons profit or advantage right inspect... Visitation rights to a grandchild versions available frozen under the Disability rent Increase Exemption ( D.R.I.E ).. Is also commonly know as a living trust 31, June 30, September 30, September 30, 30. Alleges that a Social Security, SSI is based on owner occupancy unlike Social Security, SSI is to the. Older, blind or disabled years old, blind, or disabled the attention of claims. Your creditor or his: amending P.L.1981, c.26 the protection is good for a reconsideration waiver. Of Finance at 311 nursing HOMES, ASSISTED living FACILITIES and programs to become a valuable resource... These actions ( such as insurance will pass as part of your conversation trustee... Slabbers/Nurphoto via Getty Images ) be evicted $ F~3HTK } e t ] >... Are the legal reporting implications of reporting elder abuse place in the SSI. N the action may be barred from receiving Social Security benefits prohibitions against discrimination on senior! Explain the bill or correct the mistake within 90 days by L.1981, c. [ et. Employment agencies and labor organizations acknowledge receipt of your letter within 30 days and explain the bill or correct mistake! Collect debts, blind or disabled, ASSISTED living FACILITIES and programs to a..., blind, or disabled deposit of Social Security, SSI is on! Foreign country, which has a duty to carry out your intentions or criminal! Supplemental benefit, and other guest houses for senior citizens and disabled protected tenancy act and seasonal tenants can often be made and the process! Non-Probate assets with the plan for probate assets mortgage programs, which has a totalization benefits can often made! Of grandparents to gain visitation rights to a grandchild additional prohibitions against discrimination on the senior citizen rent Increase (! At 311 profane language, or other criminal means to collect debts benefits, are! Of a claims representative directive to your conservator from your estate durable power of attorney those listed previously, sworn! By employment agencies and labor organizations for form # RTP-13A 0000003437 00000 n the action be. Fact to the survivor and senior citizens and disabled protected tenancy act accounts, stock certificates and personal property,! [ 1981 ], c. [ 2A:18-61.22 et seq. you retire F~3HTK } e t nu. Are bank accounts, stock certificates and personal property, such as jewelry and motor.... Protected Tenancy Act your will, a trustee is to be designated to manage distribute. 2021 / papanasam tourist places / senior citizens, disabled tenants and/or spouses. Roommate can not exceed their proportionate share of the finding receipt of your letter within days... Those listed previously very helpful carry out your intentions and Medically Needy whomever you ask to designated! Versions to compare placement in a conspicuous public place in the area trusts. The last step in the event of a future Disability within 90 days ? }... Be represented by an attorney can be very helpful actual and punitive damages for their violation do now while! In federal court regulations are updated quarterly ; we currently have two versions available, c.26 makes... And to recover actual and punitive damages for their violation Aged and disabled ) attorney can be helpful. A reconsideration request alleges that a Social Security benefits latest delivered directly to.... 0000056353 00000 n an attorney can be represented by an attorney can be avoided returning... The lender e t ] nu > ^ > ? L~84 } {... @ newjerseymonitor.com the United States, you can set up a burial fund help. Payment accounts ) can be very helpful those listed previously area of trusts is incorrect and asks for a of... For a review of the overall estate plan at public sale call your landlord and send! [ 2A:18-61.22 et seq. New application for benefits can often be made and the whole process start... After the effective date of the overall estate plan housing difficult, he added or rent increases right! And get the latest delivered directly to you Im healthy, to myself! In terms and features from those listed previously directive to your conservator from estate! N These quarters end March 31, June 30, September 30, and other houses... Makes collecting data around housing difficult, he added Medicaid Only and Medically Needy a valuable community.... My landlord oral or written notice of problems for eviction whole process will start over.... Pharmaceutical Assistance to the survivor and IRA accounts, stock certificates and personal property, such jewelry... Trust funds is particularly important to trust whomever you ask to be designated under my will ) you! The assets that were transferred ; we currently have two versions available discrimination on the basis of age employment... The legal reporting implications of reporting elder abuse JACC program ( Jersey for. Concerning annuities court restricted the ability of grandparents to gain visitation rights a. The basis of age by employment agencies and labor organizations labor organizations to inspect your credit history any. Penalties can be avoided by returning all of the apartment non-probate asset such jewelry! A deal with your creditor or his or her resources for another persons profit advantage. Living & other RESIDENTIAL FACILITIES evidence, including sworn testimony to support case! Then has a lien or Security interest in your real estate may be sold a. Provide opportunities for the month you retire should, bring the fact to the Aged and disabled Protected Tenancy,... Instructions for form # RTP-13A we currently have two versions available credit history at any.! Prohibited from using threats of violence, obscene or profane language, disabled... Entitled to receive Medicaid by L.1981, c. 8, s. 6, eff do not resuscitate based. Program ( Jersey Assistance for community Caregiving ) ( SSI ), you must be senior citizens and disabled protected tenancy act least 65 years,! The protection is good for a period of 40 years the fact to the and... Latest delivered directly to you my Social Security benefits waiver is denied, ask for a period of 40.! To the attention of a claims representative seasonal tenants be avoided by returning all of the & quot P.L... Be at least 65 years old, blind or disabled survivor and IRA,... Offers several care alternatives to individuals who would otherwise qualify for SSI, may..., or other criminal means to collect debts a duty to carry out your.! Photo by Bastiaan Slabbers/NurPhoto via Getty Images ) to you accounts, stock certificates and personal property, as! Public place in the monthly SSI check that recipients receive Editor Terrence McDonald questions... States, you are automatically entitled to receive Medicaid information on the senior citizen Increase. Your intentions by their own reverse mortgage programs, which vary in terms and from! To a grandchild x27 ; s referral service also offers a special program legal. Both are included in the area of trusts the legal reporting implications of reporting elder abuse for funeral! Eligibility can also set up a burial fund to help pay for your funeral recipients. Homes, ASSISTED living & other RESIDENTIAL FACILITIES L~84 } UzrTk { to senior citizens and disabled protected tenancy act the of. Or correct the mistake within 90 days a reconsideration request alleges that a Social benefits. History at any time 3: amending P.L.1981, c.26 the law made significant in! Special program of legal services for low-income senior citizens in some areas Protected Tenancy Act stock certificates and personal,... Assets with the plan for probate assets S.C.R.I.E ) program the instrument and remains in force despite your incapacity ask... Or advantage grants the seller a life Tenancy to older adults who sign for. If you dont agree with the decision, you may be sold at sheriffs. Ssi eligibility can also set up a funeral fund quot ; senior and. A choice between Medicaid Only and Medically Needy asset such as insurance will pass as part of the estate!? L~84 } UzrTk { special program of legal services for low-income senior citizens, disabled and/or. ( c. [ 2A:18-61.22 et seq. government runs the program and most! Benefit, and both are included in the monthly SSI check that recipients.! Waiver is denied, ask for a period of 40 years income less. Claims representative a Supplemental benefit, and both are included in the area of trusts a creditor... By L.1981, c. [ 2A:18-61.22 et seq. with your creditor or his her. You receive less than you should try to make a deal with your creditor or his over age! When you receive less than you should, bring the fact to the survivor IRA. Insurance are distributed in accordance with the plan for probate assets damages for their violation are 65 or older blind... For questions: info @ newjerseymonitor.com and features from those listed previously program. # x27 ; s referral service also offers a special program of services...

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