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New York Supreme Court, New York County
Lilia Toson Ed Josephson Susan Bahn Zach Hudson Emily Lundgren Anne Meixell Andrew Sy Laboni Rahman Ayana Heyward
Hughes, Hubbard & Reed LLP
The Legal Aid Society filed this class action lawsuit against the New York City Department of Social Services (DSS) to prevent the termination of rental subsidies for low-income families under both the Family Homelessness and Eviction Prevention Supplement Program (FHEPS) and the City Fighting Homelessness and Eviction Prevention Supplement Program (CityFHEPS). Both programs provide crucial assistance to families who would not otherwise be able to afford their rent. In the suit, we argued that DSS failed to follow its own procedures regarding annual continuation or renewal of FHEPS and CityFHEPS subsidies, resulting in families that qualified for continued subsidies arbitrarily losing their benefits, often without clear or adequate notice, and without any information on how to seek restoration of those benefits.
In December 2024 and after months of vigorous negotiations, the New York Supreme Court approved a settlement implementing new procedures to prevent and correct erroneous terminations of benefits, and new trainings for DSS staff. Monitoring is ongoing.