Kemp v. Perales

No. 89-10727 (N.Y. Sup. Ct. Suffolk County May 25, 1994) ; Clearinghouse Number: 46019

Description

Parties Settle Challenge to Provision of Emergency Services and Benefits to Single, Needy Adults

Abstract

The parties have settled this class action challenging the provision of emergency benefits and housing to single, needy adults in Suffolk County, New York. Plaintiffs, homeless single adults with mental impairments, alleged that defendant county Department of Social Services (DSS) failed to inform homeless and destitute persons adequately of the availability of emergency assistance, to screen applicants properly to determine their immediate needs, and to issue proper denial notices. They asserted that DSS failed to provide emergency assistance for medical, personal, and transportation needs and expedited food stamps on the day of application as required by state regulation. They argued that the emergency housing that DSS offers to homeless singles was substandard, in violation of state regulations requiring minimum standards of habitability; the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3604(3)(B); and the Rehabilitation Act of 1973, 29 U.S.C. § 794. The settlement establishes guidelines for rooming houses used by DSS for homeless single adults; they require providers to comply with local municipal health and safety codes. Recipients will be asked to fill out a confidential questionnaire to report to DSS on the quality of housing and services. DSS agreed to withhold rent to providers, if necessary, when recipients are at risk due to code violations that are dangerous or detrimental to health and safety. The settlement also requires DSS to follow state and federal guidelines for processing expedited food stamps, which mandate that eligibility be determined on the day of application and assistance be provided the next business day. The settlement clarifies state policy that applicants in an emergency situation caused by the lack of transportation, clothing, personal hygiene items, and other basic needs necessary for health and safety may receive a portion of the public assistance grant to meet those needs. DSS has agreed to train eligibility staff in emergency assistance, including the obligation to determine eligibility and issue written notices to clients on agency determinations on the day of application. Eligibility staff will also be trained in the criteria for Protective Services for Adults, a program intended to assist clients who, because of mental or physical handicap, are unable to take care of their basic needs. With respect to assistance on immediate medical needs, DSS has agreed to follow the policy of the state DSS, which asks the local agency to refer recipients to an emergency room capable of meeting their particular medical needs. Counsel notes that, while not required by the settlement, DSS has also been giving emergency medication vouchers to class members during the pendency of the litigation, without reimbursement from the state, pending establishment of Medicaid eligibility.

Additional Information

Attorney Information
Robert Briglio, Nassau/Suffolk Law Services Committee, 1757 Veterans Highway, Islandia, NY 11722, (516) 348-1800.
Docket Date
1994-05-25 00:00:00+00:00

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