The Legal Aid Society and Hughes Hubbard & Reed LLP announced that, in response to recently filed litigation, New York State has decided to waive the Lawsuit Requirement for Family Homelessness and Eviction Prevention Supplement (FHEPS) applications through May 1 or the end of any eviction moratorium, whichever comes later.

Albany has instructed the New York City Department of Human Resources, the agency responsible for administering FHEPS locally, to approve applications with a rent demand and a hardship declaration, as reported by POLITICO.

However, attorneys have yet to receive confirmation that Albany will assist with outreach to notify New Yorkers of the change or provide relief for families whose rental arrears exceeded the FHEPS threshold of $9,000.

“We don’t think the lawsuit requirement should exist at all. We think that’s wrong, and it’s something that we’ve not liked since the inception of the program but we just find particularly insidious during this pandemic,” said Lilia Toson, Supervising Attorney with the Civil Law Reform Unit at The Legal Aid Society.