Welcome to the July edition of our newsletter, Policy Matters. This month, we share information on a new class action lawsuit, updates on key pieces of legislation, a way for you to help New York fight childhood poverty, and staff updates. More below!
New Class Action Filed
Empire Justice Center has filed a new class action lawsuit, along with The Legal Aid Society, Bond Schoeneck & King PLLC, and Hughes Hubbard, against the New York State Office of Temporary and Disability Assistance (OTDA). The lawsuit filed on behalf of individuals and families from both New York City and upstate New York, challenges the State’s public assistance shelter allowance schedule – the regulations that determine how much help families receiving public assistance can get to pay their rent.
As rents have soared across New York, shelter allowance levels have remained stuck in the past, driving tens of thousands of New Yorkers into homelessness. The shelter allowance for families with children has not been updated since 2003, and for single adults, since 1988.
Plaintiffs allege OTDA’s failure to set shelter allowances at levels that permit needy individuals and families to rent housing is a violation of the State’s obligation to provide aid, care, and support for the needy under the New York State Constitution.
The lawsuit highlights that New York’s shelter allowances are inadequate and so profoundly out of step with actual housing costs that they are effectively a denial of assistance. In New York City, a single adult on public assistance is allocated just $215 per month for rent, while a family of three receives only $400 per month — a fraction of the $2,406 and $2,780 fair market rent levels set by the U.S. Department of Housing and Urban Development (HUD).
The situation is equally dire across New York State, where shelter allowances range from $152 to $309 for a single adult and $264 to $447 for a family of three, far below actual rental costs.
- In Erie County, the 2025 HUD Fair Market Rent (FMR) was $968 for a studio apartment and $1,176 for a two-bedroom apartment, while Defendants’ shelter allowance was only $169 for a single adult and $301 for a family of three.
- In Monroe County, the State-set shelter allowance for a family of three with children is $343, but the HUD FMR for a two-bedroom apartment is $1,427.
As a result, many recipients are left in shelters, on the streets, or at imminent risk of eviction.
Be sure to keep an eye out for updates on future issues of Policy Matters! Our press release is available on our website.
Find additional coverage:
- New York Sued Over “Unconstitutional” Lack of Welfare Support — ProPublica
- Lawsuit Seeks to Raise Shelter Allowance for Public Assistance – The Sanctuary For Independent Media
- New York sued for static housing support levels
- NY Sued Over Shelter Allowance Funding
Nonprofit Contracting Reform
(S.9761 Mayer / A.10741 Paulin) (S.9855 Mayer / A.11179 Paulin)
Two Contracting bills we have been pushing for passed both houses of the legislature this session.
Nonprofit organizations provide vital services, including legal services. However, delays and inconsistencies in state processes are putting nonprofits at risk of collapse. The key pieces of legislation seek to fix cash flow issues for nonprofits by improving the speed of reimbursement and addressing advance payment issues. The bills address previous veto concerns, and we look forward to Governor Hochul signing them this year. You can also read the New York Legal Services Coalition statement. We continue to accept signatures on our sign on letter.
Codification of the Homeowners Protection Program
(S.2627A Kavanagh / A.1625A Solages)
The Homeowners Protection Program (HOPP) provides critical services for homeowners at risk of foreclosure. Empire Justice Center, along with other statewide advocates, continues to push for the program HOPP to be enshrined in law through codification. Codifying HOPP in law will help ensure that the free housing counseling and legal services that thousands of New York homeowners depend on to stay in their homes will exist in perpetuity. We, along with 93 other statewide organizations, recently signed a letter sent to Governor Hochul, showing support for codification of the program.
More Secure Benefit Cards Coming in 2027
Governor Hochul announced this month that those who access Supplemental Nutrition Assistance Program (SNAP) benefits will have chip-enabled EBT benefit cards and will be issued in early 2027. The new, more secure chip cards will be issued by the Office for Temporary and Disability Assistance (OTDA) and are expected to prevent “skimming” of benefits. Empire Justice Center applauds Governor Hochul for this measure in protecting families in keeping their food benefits. As readers of Policy Matters may remember, we strongly support legislation that would help those whose benefits are impacted by stolen benefits. The skimming bill (S.403 Myrie / A.3578 Mitaynes), establishes a compensation fund for those whose SNAP and cash benefits have been stolen through “skimming.” Skimming theft occurs when people steal benefit card information from recipients, causing loss of food and cash benefits through no fault of the beneficiary. This bill would help to recover those benefits for these victims, helping to remove some of the burden placed on them from the theft.
New York State Wants to Hear from You!
The Child Poverty Reduction Advisory Council (CPRAC) wants to hear from you this summer! As you may remember, CPRAC was established in 2022 by Governor Hochul to reduce childhood poverty in New York State by 50% over ten years. They will be hosting two town halls to give community members the opportunity to speak to their lived experiences with housing, food, childcare, public assistance, or other impactful testimony with CPRAC leadership. Kids are welcome (childcare provided) and food will be available. CPRAC co-chair and OTDA commissioner Barbara Guinn will be hosting, along with CPRAC member Pete Nabozny, Director of Policy at The Children’s Agenda in Rochester, and Kate Breslin, President and CEO at The Schuyler Center for Analysis and Advocacy in Albany. If you, or someone you know, would to speak at the town halls, please register and attend if you are able! These meetings provide CPRAC valuable information in their work to reduce childhood poverty.
Registration is not required, but is recommended to help in planning and is included in the links below:
- Rochester on August 4, 6-8 pm at Spiritus Christi Church, 121 Fitzhugh St N, 14614
- Albany on August 18, 6-8 pm at Love Albany Center, 8 Kate St, 12209
Working to Keep Housing Protections for Vulnerable New Yorkers
Empire Justice Center submitted comments in response to a proposed rule by the Department of Housing and Urban Development (HUD). The proposed rule would eliminate protections against discrimination based on sexual orientation and gender identity for those who seek access to housing in HUD-funded shelters and housing programs. The proposed revisions would undermine HUD’s 2012 and 2016 Equal Access Rules, making it harder for vulnerable populations, particularly for LGBTQ people, to access shelter when they are among those most in need of the services provided. HUD’s proposed rule would codify the increased poverty, unemployment, and homelessness that transgender and LGBTQ people face when seeking shelter access, create an environment that leads to greater incidences of intimate partner violence, and harm LGBTQ youth. Additionally, revising the rule would impose a significant cost to taxpayers, as homelessness is associated with an increase in medical costs, from hospital visits, psychiatric care, detox and addiction programs, along with criminal justice costs. You can find more information in our submitted comments.
Empire Justice Center attorneys, Katie Courtney, Katie Blum, and Mia Forney, celebrate the Monroe County Bar Association’s Installation at the Park alongside Legal Assistance of Western New York attorney, Lori O’Brien
Recognizing Our Rising Stars!
Join us in recognizing our Rochester attorneys at this year’s Monroe County Bar Association‘s Installation in the Park!
Mia Forney, Staff Attorney of our Civil Rights practice was recognized in this year’s leadership academy, Katie Blum, Managing Attorney of our Civil Rights practice group was sworn in to the Board of Trustees by Magistrate Judge (Ret.) Marian Payson, and Katie Courtney, Supervising Attorney of our Disability Advocacy Program was sworn in by Magistrate Judge Mark Pedersen to the MCBA Foundation’s Board of Directors.
A special shout out to our Legal Assistance of Western New York colleague, and Telesca Center of Justice neighbor, Lori O’Brien, as the incoming Monroe County Bar Association President!
Congratulations to all and thank you to the Monroe County Bar Association for organizing! We’re so grateful to be part of the local legal community.
Hearing on the Status of Civil Legal Services
On September 24, 2026, Chief Judge Rowan D. Wilson will hold a statewide hearing to assess the extent and nature of unmet civil legal services needs throughout New York State to recommend to the Legislature and Governor Hochul the level of public resources necessary to meet those needs. The hearing will focus on the role and impact of the Judiciary Civil Legal Services (JCLS) program, how JCLS will continue to be used as a reliable and flexible funding source in the face of federal funding uncertainties. This hearing will feature information on ways to expand roles of legal advocates and non-lawyer assistance to adapt to increased needs across the state as other funding streams become unavailable. They will also hear about the emerging trends in consumer debt cases, along with recommendations in handling these matters. Our President and CEO, Kristin Brown is a member of the Permanent Commission on Access to Justice, and testified at last year’s hearing. Last year’s testimony spoke to the importance the funds and flexibility that JCLS provides. Due to changes and cuts in federal funding, programs would be lost, clients would be without services, and staff would be without jobs. Her written testimony from 2025 is available on our website and you can watch the recording online.
Written testimony is accepted until August 25, 2026, via email submission.
More information is available on the hearing notice.
The hearing will be livestreamed, link to come.
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