DSS Must Pay Back Rent Owed by Tenant

April 1, 1994

LVT Number: 8690

Tenants sued the New York State Department of Social Services (DSS). Tenants claimed that the shelter allowance they got from DSS under welfare was inadequate to pay their rent. The case went up to the New York State Court of Appeals, which ruled that the shelter allowance must bear a reasonable relationship to the cost of housing in New York City. The case was sent back for individual calculations. Tenant asked the court to compel DSS to pay her back rent. The court and the appeals court ruled for tenant.

Tenants sued the New York State Department of Social Services (DSS). Tenants claimed that the shelter allowance they got from DSS under welfare was inadequate to pay their rent. The case went up to the New York State Court of Appeals, which ruled that the shelter allowance must bear a reasonable relationship to the cost of housing in New York City. The case was sent back for individual calculations. Tenant asked the court to compel DSS to pay her back rent. The court and the appeals court ruled for tenant. Until a final determination is made in this case, DSS must pay tenant's monthly rent of $650 and the $12,000 she owes in back rent.

Jiggetts v. Perales: NYLJ, p. 30, col. 3 (3/31/94) (App. Div. 1 Dept.; Murphy, PJ, Sullivan, Carro, Rosenberger, Asch, JJ)

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