The Legal Aid Society brought a class action lawsuit on behalf of needy families with minor children, to challenge New York State’s rental subsidy “lawsuit requirement,” which prevented tens of thousands of families from accessing critical Family Homelessness and Eviction Prevention Supplement (FHEPS) subsidies unless they were in an ongoing eviction proceeding. During the COVID-19 pandemic, this policy forced families to make an impossible choice: appear in Housing Court and thereby expose themselves to risk of infection or death, or protect their health and safety by not appearing in Housing Court and risk a default judgment of eviction. Legal Aid initiated the suit after the State denied requests to waive the requirement, including by the New York City Department of Social Services.

In May 2021, the New York State Office of Temporary Disability waived the lawsuit requirement prior to a decision on the State’s motion to dismiss. We subsequently entered into a stipulation discontinuing our suit.