Hughes Hubbard Files Suit Against New York State Over Inadequate Shelter Allowances Alongside Legal Aid Society, Empire Justice Center and Bond, Schoeneck & King

Hughes Hubbard, alongside the Legal Aid Society, Empire Justice Center and Bond, Schoeneck & King, filed a class-action lawsuit against the New York State Office of Temporary and Disability Assistance (OTDA), challenging the state’s public assistance shelter allowance schedule. The suit, filed on behalf of individuals and families in New York City and upstate New York, argues the allowances have remained largely unchanged for decades despite rising housing costs, contributing to homelessness across the state.

The plaintiffs allege that OTDA has failed to set shelter allowances at levels that enable recipients to secure housing, violating the state’s constitutional obligation to provide aid, care and support to those in need.

According to the complaint, current allowances are far out of step with market rents. In New York City, a single adult receiving public assistance is allocated $215 per month for rent, and a family of three receives $400 – well below the U.S. Department of Housing and Urban Development’s fair market rent levels of $2,406 and $2,780, respectively.

“Public assistance shelter allowances must reflect the reality facing New Yorkers struggling to keep a roof over their heads,” said Fara Tabatabai. “Aligning shelter allowances with the actual cost of rent is essential to ensure that vulnerable individuals and families can avoid eviction and homelessness. Together with The Legal Aid Society, Bond, Schoeneck and King, and Empire Justice Center, we’re proud to file this suit to protect New Yorkers’ basic housing rights.”

Fara Tabatabai leads the Hughes Hubbard team.