Tenants Entitled to Rent Assistance from DSS

LVT Number: 8081

Facts: The New York State Department of Social Services (DSS) sponsors an Emergency Home Relief (EHR) program. Under this program, tenants can get one-time emergency assistance payments to avoid eviction. In 1991, the DSS amended the EHR regulations so that households with a gross income greater than 125 percent of the federal poverty guidelines weren't eligible for EHR. New regulations also required tenants to pay back money received from the program within 12 months, and to show that they could pay rent in the future. Tenants sued the DSS, claiming the new restrictions were invalid.

Facts: The New York State Department of Social Services (DSS) sponsors an Emergency Home Relief (EHR) program. Under this program, tenants can get one-time emergency assistance payments to avoid eviction. In 1991, the DSS amended the EHR regulations so that households with a gross income greater than 125 percent of the federal poverty guidelines weren't eligible for EHR. New regulations also required tenants to pay back money received from the program within 12 months, and to show that they could pay rent in the future. Tenants sued the DSS, claiming the new restrictions were invalid. The trial court ruled for tenants, and the DSS appealed. Court: Tenants win. The 125 percent limit isn't irrational in and of itself. But the DSS had used that cutoff only to determine if tenants would be able to pay future rent. This was irrational. Tenants' cases were sent back to the DSS for approval.

Kelly v. Bane: NYLJ, p. 21, col. 3 (7/26/93) (App. Div. 1 Dept.; Carro, JP, Ellerin, Ross, Wallach, Rubin, JJ)