Legal Aid Society
hamburger
05/29/1997

Blatch ex rel. Clay v. Hernandez

The Legal Aid Society brought this class action lawsuit on behalf of tenants with mental disabilities who were subject to tenancy termination or eviction proceedings by the New York City Housing Authority (NYCHA). NYCHA routinely initiated and pursued eviction proceedings against disabled tenants whom it knew would be unable to meaningfully advocate for themselves. In 2005, a federal trial court held that this practice violated our clients’ due process rights.

In 2008, we entered into a settlement agreement which included permanent injunctive relief requiring the appointment of guardians ad litem for mentally disabled tenants facing eviction, the creation of a family grievance process, and a requirement that NYCHA provide notice to the Housing Court where a tenant is mentally disabled. The Legal Aid Society monitored NYCHA’s compliance with the terms of the settlement through 2018.