Putting off the Rent
Duane rallies for an 30 percent rent cap in Albany
Last week, a federal judge ruled that approximately 2,200 poor New Yorkers living with HIV/AIDS who reside in federally subsidized housing can no longer pursue their lawsuit against New York State and City over the amount income they must pay toward rent. Justice Frederic Block dismissed the case, Rivers v. Doar (known informally as the “30 percent rent cap case”) on the grounds of mootness, finding that the plaintiffs had won their lawsuit, and any ruling would be merely academic.
Rivers v. Doar was filed to challenge a directive by the Pataki administration in October 2006 that the State would no longer cap rent at 30 percent of income for the HIV/AIDS Services Administration (HASA) clients living in federal Housing Opportunities for Persons with AIDS (HOPWA) and Section 8 housing. Housing Works and co-counsel Matthew Brinckeroff immediately filed a lawsuit against the City and State seeking, and securing, an injunction against the illegal new policy. Shortly thereafter, Eliot Spitzer took office and his new Office of Temporary and Disability Assistance (OTDA) commissioner David Hansell announced that the State would no longer pursue the policy, stating in March 2007 that he was “pleased to report that [OTDA] and HRA ha[d] reached an agreement to ensure that clients in [HOPWA] housing [would] not experience any change in the 30% rent contributions they have historically made.”
Although the policy has not been re-instituted, the decision to abandon the policy is essentially a gentleman’s agreement now, notwithstanding Judge Block’s puzzling finding that the policy reversal was akin to a legislature’s repealing a statute. But Judge Block found “nothing in the record affirmatively suggesting that defendants intend to re-institute the challenged policy. By contrast, the record is replete with evidence that the policy has been officially abandoned.”
“Judge Block emphasized that the State and City ‘made a visible commitment before plaintiffs, the state legislature, and the New York public to maintain the historic 30% rent cap,’” Housing Works’ Senior Staff Attorney Armen H. Merjian explained. “We fully expect them to honor that commitment, and if they fail, they will have to face another lawsuit, and the righteous indignation of the public.”
Meanwhile, there is hope that the New York State Legislature will also make the 30 percent rent cap a part of New York law. After a passionate speech by Sen. Tom Duane last month, the State Senate passed legislation to cap rent for people with HIV/AIDS at 30 percent of their income. This legislation would not only solidify the status of those in HOPWA housing, but would also extend the protection to HASA clients who receive no federal money towards their rent. The lack of a 30 percent rent cap for HASA housing means that many New Yorkers with AIDS are living on as little as $12 a day.
The rent cap bill still must pass the Assembly and even if it does, Gov. David Paterson has already stated his unwillingness to sign bills with new costs attached. But the rent cap bill could save the State money. An analysis by Shubert Botein Policy Associates estimated that direct savings of over $19 million from prevented evictions would easily outweigh the projected costs of $16 million for the 30 percent rent cap.
photo credit: New York City AIDS Housing Network
Posted on August 13, 2009 at 6:54 pm
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