Legal Aid Society


Toliver v. The City Of New York Class Action Settlement Notice

The Legal Aid Society and Hughes Hubbard and Reed LLP are pleased to announce the preliminary approval of a class action settlement in Toliver et al. v. The City of New York – a class action lititgation filed on behalf of New Yorkers who received FHEPS and CityFHEPS rental subsidies challenging New York City’s Department of Human Resources improper termination of those benefits.

For the complete proposed settlement document please click here.

What you need to know

Per the recent settlement secured by Legal Aid in Toliver v. New York City Department of Social Services, more New Yorkers are eligible to have their FHEPS restored or renew their CityFHEPS benefits. The settlement is currently pending in the Supreme Court of the State of New York.

Am I included in the settlement?

If you reside in New York City and are eligible to receive rental assistance through the Family Homelessness and Eviction Prevention Supplement program (FHEPS) or the City Fighting Homelessness and Eviction Prevention Supplemental program (CityFHEPS), or if you were eligible at any time from April 15, 2020 onwards, you may be affected by this settlement.

How might the settlement affect me or my family?

If your family’s FHEPS benefits were terminated the Department of Social Services (DSS) will review the termination to determine whether it was correct. If the termination was not correct and your family is still eligible for FHEPS, DSS will restore your family’s FHEPS benefits, starting from the date of termination.

If your family previously received CityFHEPS subsidies and did not renew those subsidies in 2021, 2022, or 2023, DSS will now allow you to renew your CityFHEPS subsidies. If your family still qualifies for public assistance or Supplemental Security Income (SSI) benefits, DSS will restore CityFHEPS benefits to your family, starting from the date of termination.

Lastly, DSS will now change its procedures for processing FHEPS applications, restorations, and modifications. It will also change its procedures for processing CityFHEPS renewals to ensure that both FHEPS benefits are not terminated if your family remains eligible for those benefits and CityFHEPS renewal applications are processed within 30 days.

Fairness Hearing

The Fairness hearing will be held on December 18, 2024, at 3:30 pm in Courtroom 412, 60 Centre Street, New York, NY 10013, before Judge Lyle E. Frank.

More Information

For more information about the settlement or to obtain a copy of the proposed settlement agreement, you can contact the attorneys for the Class Members at helpline at 212-298-3240.

Class Notice in English
Class Notice in Spanish