NYCHA and Tenants Settle Dispute Over Emergency Transfer Procedures

Tenants sought to bring a class action in federal court, claiming that NYCHA failed to process their requests to transfer apartments under the Section 8 program in a timely manner. The court ruled for tenants to the extent that it approved a class action and certified the class who could join the case as all tenants who request or had requested emergency transfers due to either an unremedied life-threatening or designated housing quality standard (HQS) violation or who had faced an eviction proceeding in housing court based on a landlord's refusal to renew their leases. The court found that a class action was the best way to address the issues of whether NYCHA's policies and practices complied with federal and regulatory law and with its own administrative policies.

The court also approved a settlement agreement between tenants and NYCHA, which was vigorously negotiated. Both sides were represented by attorneys. The settlement included new policies and procedures with respect to emergency transfer requests, and provided for monitoring by an independent auditor. A tenant seeking an emergency transfer voucher based on an eviction proceeding must demonstrate eligibility for a voucher. A tenant seeking an emergency transfer due to an HQS violation will not need to provide any information in addition to the written transfer request. NYCHA will not require a tenant to prove that he is a tenant in good standing in any other way as a condition of issuing an emergency transfer voucher. And a tenant's request for an emergency transfer voucher will not be denied or delayed for failure to complete annual recertification unless the tenant's subsidy has been terminated.

Shepard v. Rhea: Dckt No. 12-CV 7220 (RLE), 2014 WL 5801415 (SDNY; 11/7/14; Ellis, USMJ)