DSS Must Pay Tenant's Rent

LVT Number: 10132

Tenant applied to DSS for emergency assistance to pay back rent. DSS denied tenant's request, and tenant appealed. The court ruled for tenant, finding that the action of DSS was irrational. The housing assistance program of DSS is intended to meet emergency needs in unforeseen circumstances. Tenant's husband, who had a drug problem, left in July 1994. Tenant then learned that he hadn't paid rent, and she owed a substantial amount of back rent. Tenant was on unpaid maternity leave at the time. She now had two minor children to support and was under immediate threat of eviction.

Tenant applied to DSS for emergency assistance to pay back rent. DSS denied tenant's request, and tenant appealed. The court ruled for tenant, finding that the action of DSS was irrational. The housing assistance program of DSS is intended to meet emergency needs in unforeseen circumstances. Tenant's husband, who had a drug problem, left in July 1994. Tenant then learned that he hadn't paid rent, and she owed a substantial amount of back rent. Tenant was on unpaid maternity leave at the time. She now had two minor children to support and was under immediate threat of eviction. The case was sent back to DSS, which was directed to grant tenant's application.

Fulford v. Hammons: NYLJ, p. 27, col. 6 (10/23/95) (Sup. Ct. NY; Cohen, J)