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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
KEISHE OLIVIERRE,
Plaintiff,
INDEX NO.:
-against-
PARKCHESTER PRESERVATION COMPANY,
AFFIRMATION OF ARMEN H.
L.P., and PARKCHESTER
MERJIAN
PRESERVATION MANAGEMENT, LLC,
Defendants.
ARMEN H. MERJIAN, an attorney duly admitted to practice law in the courts of the State of
New York, affirms the following under penalty of perjury:
1. I am an attorney duly admitted to the Bar of the State of New York. I am the
Senior Staff Attorney at Housing Works, Inc. ("Housing Works"), co-counsel for Plaintiff in the
above-captioned matter. I make this affirmation on behalf of Plaintiff's motion for a temporary
restraining order and a preliminary injunction. This affirmation is based upon my personal
knowledge unless otherwise indicated.
2. I have attached a copy of the New York City Council's pre-enactment Report of
the Committee on General Welfare, dated December 12, 2007, as Exhibit A.
3. I have attached relevant pages from the transcript of the pre-enactment Minutes of
the New York City Council Committee on General Welfare, dated April 11, 2007, as Exhibit B.
4. I have attached relevant pages from the transcript of the pre-enactment Minutes of
the New York City Council Committee on General Welfare, dated December 12, 2007, Exhibit C.
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5. I have attached relevant pages from the transcript of the pre-enactment Minutes of
the New York City Council Committee on General Welfare, dated January 30, 2008, as Exhibit
D.
6. I have attached relevant pages from the transcript of the pre-enactment Minutes of
the New York City Council Committee on General Welfare, dated March 26, 2008, as Exhibit E.
7. I have attached relevant pages from the transcript of the pre-enactment Minutes of
the Stated New York City Council Meeting, March 26, 2008, as Exhibit F.
8. I have attached relevant pages from the Complaint and the so-ordered Stipulation
of Settlement in Hoffmaster v. Renaissance Equity Holdings LLC, 16 Civ. 01934 (E.D.N.Y.), as
Exhibit G.
9. I have attached a copy of the Letter from Ranjit Hakim, Executive Director of the
Cook County Department of Ethics and Human Rights to Cook County Landlords and Rental
Property Managers, Nov. 23, 2013, as Exhibit H.
Dated: Brooklyn, NY
July 11, 2022
rmen H. Merjian
2
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EXHIBIT A
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Staff: Molly Murphy, Counsel
Migna Taveras, Policy Analyst
9
THE COUNCIL
REPORT OF THE GOVERNMENTAL AFFAIRS DIVISION
ROBERT NEWMAN, LEGISLATIVE DIRECTOR
ALIX PUSTILNIK, DEPUTY DIRECTOR
COMMITTEE ON GENERAL WELFARE
Bill de Blasio, Chair
December 12, 2007
PROPOSED INT. NO. 61-A: By Council Members de Blasio, Foster, James,
Koppell, Martinez, Mendez, Palma, Sanders Jr.,
Stewart, White Jr., Yassky, Liu, Reyna, Avella,
Gentile, Monserrate, Brewer, Garodnick, Gerson,
Jackson, Mealy, Arroyo, Weprin, Mark-Viverito,
Gioia, Gonzalez, Vann, Barron, Eugene and the
Public Advocate (Ms. Gotbaum)
TITLE: A Local Law to amend the administrative code of
the city of New York, in relation to prohibiting
landlords from discriminating against tenants based
on lawful source of income
The Committee on General Welfare, chaired by Council Member Bill de Blasio,
will meet on Wednesday, December 12, 2007 to consider Proposed Int. No. 61-A, which
would amend the administrative code of the city of New York to prohibit landlords from
discriminating against tenants based on lawful source of income. Representatives from
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the New York City Housing Authority ("NYCHA"), the Department of Housing
Preservation and Development ("HPD"), individuals who would be affected by the bill,
advocates and other concerned members of the community are expected to testify.
Background
The Housing Choice Voucher Program, also known as the Section 8 voucher
country.1
program, is the largest rental subsidy program in the The Section 8 Housing
Assistance program was created by the Housing and Community Development Act of
1974.2
In 2000, 1.5 million people received rental subsidies through the Section 8
program.3
Section 8 participants receive vouchers to supplement their income to obtain
affordable housing. The Housing Choice Voucher Program is funded by the U.S.
Department of Housing and Urban Development ("HUD"), and administered by local
housing authorities. HUD guidelines suggest that a family's income may not exceed 50
live.4
percent of the median income for the area where the family chooses to At least 75
percent of voucher recipients must have incomes that do not exceed 30 percent of the
income.5 standard"
area median The "payment is the maximum monthly housing subsidy
for the family. The payment standard includes the family's contribution, which must be
1 Office of Policy Development and Research, Study
U.S. Departmentof Housing and Urban Development,
on Section Success Rates, Volume I: Quantitative
8 Voucher Study of Success Rates in Metropolitan Areas,
Chapter 1, 1 (November 2001) (last updated March 17, 2003).
2 42 U.S.C.A.
§1437f(a) authorizes housing assistance payments "for the purpose of aiding low-income
housing."
families in obtaining a decent place to live and of promoting economically mixed
3 Office of Policy Development and Research, s_u_pra
U.S. Department of Housing and Urban Development,
note 1.
4 available at
S_ee Housing Choice Vouchers Fact Sheet, HUD,
http://www.hud.gov/offices/pih/programs/hev/about/fact sheet.cfm#10.
5
See 24 CFR § 982.201.
2
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no less than 30 percent and no more than 40 percent of their monthly-adjusted gross
income.6
In New York City, the Section 8 program is administered by both the New York
City Housing Authority ("NYCHA") and the Department of Housing Preservation and
("HPD").7
Development As of June 30, 2007, 82,801 households leased Section 8 units
through NYCHA's Section 8 program, and 29,350 landlords participated in the program
NYCHA.8
administered by The New York City Department of Housing Preservation and
Development ("HPD") administers Section 8 vouchers to over 28,000 households, who
owners.9
are housed by approximately 5,800
NYCHA's Section 8 program was closed to new applicants (with the exception of
emergency applicants such as victims of domestic violence, homeless persons,
intimidated witnesses or those involved with the ACS family unification and independent
cuts.10
living program) from December 1994 to February 2007 due to federal funding In
6
New YorkCity Department of Housing Preservation and Development ("HPD") voucher payment
standards as of October 2007 were $903 for an SRO, $1204 for a studio, $1303 for a one-bedroom, $1449
for a two-bedroom, $1783 for a three-bedroom, $2005 for a four-bedroom, $2306 for a five-bedroom, and
$2606 for a six-bedroom. According to the HPD website, "[t]he payment standards are determined by
HUD, which establishes standards at or close to the average of all rents in the particular area, and by HPD,
rent."
which establishes payment standards between 90 - 110% of the HUD established See Residential
Tenants Section 8 Information, HPD, available at:
http://161.185.1.156/html/hpd/html/tenants/section 8.shtml#size. New York City Housing Authority
("NYCHA") voucher payment standards for new rentals and transfers
for a as of October 2007 were $1095
studio, $1185 for a one-bedroom, $1318 for a two-bedroom, $1621 for a three-bedroom, $1823 for a four-
bedroom, $2096 for a five-bedroom, $2370 for a six-bedroom, $2643 for a seven-bedroom, and $2917 for
an eight-bedroom. See Section 8 Assistance, Voucher Payment Standards, NYCHA, available at:
http://www.nyc.gov/html/nycha/html/section8/voucher payment.shtml. If the rent exceeds these standards,
the tenant can pay up to but no more than 40 percent of household income.
7 In and Community
addition, the New York State Division of Housing Renewal administers a state-wide
Section 8 program, which includes New York City. See Residential Tenants Section 8 Information, HPD,
supra note 6.
8
S_eeNYCHA Section 8 Statistics, available at:
http://www.nyc.gov/html/nycha/downloads/pdf/lh apt stats.pdf.
9
S_ee Testimony of Patricia Zafiriadis, HPD, before the Committee on General Welfare, April 11, 2007, 27
(on file with the Committee on General Welfare).
10
See Press Release, Mayor Bloomberg and NYCHA Chairman Hernandez Announce the Reopening of
the Section 8 Voucher List for First Time in Twelve Years, January 29, 2007, available at:
3
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early 2007, however, Mayor Bloomberg and NYCHA Chairman Tino Hernandez
announced the availability of 22,000 new Section 8 vouchers and temporarily reopened
years.11
the Section 8 waiting list to non-emergency applicants for the first time in 12 The
2007.12
list opened for a 90-day period from February 12, 2007 to May 14, Currently,
notice.13
NYCHA is only accepting applications from emergency applicants until further
NYCHA Section 8 participants have 180 days from the time they receive
apartment.14
vouchers to locate an In some instances, NYCHA will grant an extension of
time if the participant requires one. Section 8 recipients through HPD's Section 8
voucher,15
program have 120 days to find apartment after receiving a although recipients
can request a 30 day extension if they can document a reason for delay, such as an illness
hospitalization.16
requiring In both programs, once a tenant has found an apartment, the
landlord must pass an initial inspection and sign a lease with both the housing authority
(whether NYCHA or HPD) and the tenant agreeing to provide decent, safe, and sanitary
clients'
housing at a reasonable rent. NYCHA and HPD recertify income and family
inspections.17
composition at least annually, and conduct annual apartment
http://www.nyc.gov/html/nycha/downloads/pdf/pr jan07 29.pdf. In late 2004, NYCHA began phasing out
the priority status that homeless families formerly had for the Section 8 program. See Press Release, City
Officials Announce Sweeping Changes in Rental Assistance Delivery to Better Serve New Yorkers Both In
and Outside Shelter, October 19, 2004, available at:
http://www.nyc.gov/html/dhs/html/press/pr101904.shtml
ll
See Press Release, Mayor Bloomberg and NYCHA Chairman Hernandez Announce the Reopening of
the Section 8 Voucher List for First Time in Twelve Years, supra note 10.
12
13
See Section 8 Assistance, NYCHA, available at:
http://www.nve.gov/html/nycha/html/section8/section8.shtml.
14
See Section 8 Assistance, Frequently Asked Questions, Applicant's Questions, NYCHA, available at:
http://home2.nyc.gov/html/nycha/html/section8/lh app faqs.shtml.
15
See Testimony of Patricia Zafiriadis, supra note 9, at 40.
16
7
See Section 8 Assistance, Frequently Asked Questions, Section 8 Tenant Questions, NYCHA, available
at: http://www.nyc.gov/html/nycha/html/section8/lh ten faqs.shtml#q1. See also Residential Tenants
Section 8 Information, HPD, spp_ra note 6; Section 8 Assistance, Frequently Asked Questions, Applicant's
Questions, sup_ra note 14.
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Not all recipients who receive Section 8 vouchers are able to utilize them.
Voucher holders often have difficulties finding landlords who will accept the vouchers
within the given time frame, which can force them to relinquish their vouchers and begin
the process again. In a nationwide study conducted in 2001, HUD found that only 69.2
percent of voucher holders in large metropolitan areas successfully obtained housing
time.18
within the allotted amount of The HUD study also reported that voucher holders
encounter increased difficulties securing affordable housing; whereas in 1993 all
successful voucher holders found a unit within 90 days, almost 25 percent of those
unit.19
surveyed in 2000 needed more than 120 days to find a Historically New York
City has had a low success rate. According to HUD, in the 1980s the City's success rate
2001.20
was as low as 33 percent; it rose to 62 percent in 1993 and fell to 57 percent in
According to figures from NYCHA, New York City's success rate for Section 8 vouchers
percent.21
in 2005 was approximately 72 As of April 11, 2007, NYCHA reported that the
percent.22
success rate is approximately 65 - 70 HUD's 2001 study suggested a number
of factors that affect success rates, including the tightness of the rental market,
characteristics of the voucher holder and general acceptance of Section 8 in the area by
landlords.23
8 of all families provided vouchers who lease a housing
The study defined success rate as the "percentage
time."
unit meeting the program requirements within the allotted amount of S_eee_U.S.Department of
Housing and Urban Development, Office of Policy Development and Research, sup_ra note 1.
19
IA, Chapter 2, at 5.
20
IA at ii.
21 Information provided to the Committee on General Welfare by NYCHA on July 28, 2006, on file with
the Committee on General Welfare.
22 on General Welfare, April 11, 2007, 90 (on file
Testimony of Greg Kern, NYCHA, before the Committee
with the Committee on General Welfare).
23 of Policy Development and Research,
U.S. Department of Housing and Urban Development, Office
supra note 1.
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Research suggests, furthermore, that Section 8 holders encounter significant
amounts of discrimination from landlords. A survey of multi-family property owners and
managers conducted by the U.S. Census Bureau found that approximately 8.7 million out
8.24
of approximately 20.5 million owners and managers surveyed will not accept Section
Lawyers'
A study conducted by the Committee for Better Housing in Chicago concluded
that nearly half of all landlords explicitly refused to accept Section 8 housing vouchers
tenants25
from investigators posing as prospective and that "Housing Choice Voucher
holders face multi-level barriers of discrimination based on source of income, race, and
ethnicity."26
New York ACORN, the Association of Community Organizations for Reform
Now, conducted a study earlier this year to examine the challenges facing Section 8
holders seeking to rent apartments in New York City. Overall, ACORN found that
Section 8 holders have significantly fewer housing options than those without Section 8
who are looking for apartments within similar rent guidelines. In one test, ACORN
Management"
employees called a total of 1449 numbers listed under "Property in
YellowPages.com.27
ACORN successfully connected with 415 companies, and found 86
studio or one-bedroom apartments that were within the NYCHA Section 8 rent
guidelines.28
Of these, only 37 (or 43 percent) accepted Section 8 vouchers. In a second
24
See Property Owners and Managers Survey, Multi Family Properties: Reasons for Not Accepting Section
8 Tenants - Table 54, U.S. Census Bureau, Housing and Household Economics Statistics Division, last
revised December 17, 2004.
25
Lawyer's Committee for Better Housing, Inc., Locked Out: Barriers to Choice for Housing Voucher
Holders, 9 (April 2002).
26
Id. at 10.
27
See Housing for Everyone: New York City, Section 8, and Source of Income Discrimination, New York
ACORN, April 2007.
28
While NYCHA voucher payment standards for studio and one-bedroom apartments were $988 and
$1069, respectively, at the time of the study, a family may choose a unit with a higher rent and pay the
owner the difference, as long as the family is not paying over 40 percent of income when initially moving
6
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test, ACORN callers inquired about 161 studio and one-bedroom apartments listed within
Times.29
the Section 8 rent standards on Craigslist, The Daily News, and The New York
Of the 161 apartments identified, 121 were still available at the time of inquiry, only 16
(or 13 percent) of which accepted Section 8 vouchers. In a third test, ACORN called
NYCHA's list of known Section 8 landlords. NYCHA's list contained 266 unique
numbers, and ACORN successfully connected with 141 of them. From these 141
inquiries, ACORN callers found that 83 had available apartments within the Section 8
8.30
guidelines, however 3 no longer accepted Section Fifty-eight of the landlords did not
have an available apartment.
In recognition of this problem, an increasing number of jurisdictions have enacted
legislation that prohibits discrimination on the basis of source of income. States with
such legislation include California, Connecticut, Maine, Massachusetts, Minnesota, New
Wisconsin.31
Jersey, Utah, Vermont and In addition, Washington D.C., Chicago, San
Francisco, Montgomery County, Maryland, and Seattle have local legislation barring
discrimination.32
source of income Some localities within New York State have passed
ordinances and laws protecting Section 8 holders from discrimination based on source of
into the unit. See http://www.ci.nyc.ny.us/html/nycha/downloads/pdfTlh housing choice.pdf. ACORN
callers followed a script that included a hypothetical occupation and income. The callers inquired about
studio and one-bedroom apartments
renting 8 rent standards, as well as about those that
within the Section
were above the rent standards but would not require the hypothetical tenant to pay more than 40 percent of
income. Specifically, the ACORN callers inquired about available studio apartments under $1000 and
available one-bedroom apartments under $1075.
29
ACORN testers inquired (via email and phone) about studios listed under $1000 and one-bedrooms listed
between $1100 - $1200.
30
ACORN reports that its callers inquired about an available studio or one-bedroom apartment. However,
in order to obtain a fuller picture of apartment availability, ACORN callers also asked the landlord about
larger size apartments on behalf family members. It is unclear if the 83 apartments
of interested are
exclusively studio and one-bedroom
apartments, or if they represent available apartments of all sizes.
31
S_ee, e.g., Cal. Gov't Code § 12955; Conn. Gen. Stat. § 46a-64c(a); Me. Rev. Stat. Ann, tit. 5 § 4582;
Mass. Gen. Laws ch. 151B, § 4, cl.10; Minn. Stat. Ann. § 363A.09; N.J. Stat. Ann. § 10:5-4; Utah Code
Ann. § 57-21-5; Vt. Stat. Ann. tit. 9, § 4503; Wis. Stat. Ann. § 106.50.
32 San Francisco,
S_ee e.g., D.C. Code Ann. § 2-1401; Chicago Municipal Code § 5-8-010; Cal., Police
Code art. 33, § 3304; Montgomery County, Md., Code § 27-12(a); Seattle, Wash., Code § 14.08.040.
7
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County,33 Buffalo,34 Seneca35
income, including Nassau and the towns of West and
Hamburg.36
The Fair Housing Center of Greater Boston
Preview
FILED: NEW YORK COUNTY CLERK 07/11/2022 06:07 PM INDEX NO. 452058/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/11/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK KEISHE OLIVIERRE, Plaintiff, INDEX NO.: -against- PARKCHESTER PRESERVATION COMPANY, AFFIRMATION OF ARMEN H. L.P., and PARKCHESTER MERJIAN PRESERVATION MANAGEMENT, LLC, Defendants. ARMEN H. MERJIAN, an attorney duly admitted to practice law in the courts of the State of New York, affirms the following under penalty of perjury: 1. I am an attorney duly admitted to the Bar of the State of New York. I am the Senior Staff Attorney at Housing Works, Inc. ("Housing Works"), co-counsel for Plaintiff in the above-captioned matter. I make this affirmation on behalf of Plaintiff's motion for a temporary restraining order and a preliminary injunction. This affirmation is based upon my personal knowledge unless otherwise indicated. 2. I have attached a copy of the New York City Council's pre-enactment Report of the Committee on General Welfare, dated December 12, 2007, as Exhibit A. 3. I have attached relevant pages from the transcript of the pre-enactment Minutes of the New York City Council Committee on General Welfare, dated April 11, 2007, as Exhibit B. 4. I have attached relevant pages from the transcript of the pre-enactment Minutes of the New York City Council Committee on General Welfare, dated December 12, 2007, Exhibit C. 1 of 55 FILED: NEW YORK COUNTY CLERK 07/11/2022 06:07 PM INDEX NO. 452058/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/11/2022 5. I have attached relevant pages from the transcript of the pre-enactment Minutes of the New York City Council Committee on General Welfare, dated January 30, 2008, as Exhibit D. 6. I have attached relevant pages from the transcript of the pre-enactment Minutes of the New York City Council Committee on General Welfare, dated March 26, 2008, as Exhibit E. 7. I have attached relevant pages from the transcript of the pre-enactment Minutes of the Stated New York City Council Meeting, March 26, 2008, as Exhibit F. 8. I have attached relevant pages from the Complaint and the so-ordered Stipulation of Settlement in Hoffmaster v. Renaissance Equity Holdings LLC, 16 Civ. 01934 (E.D.N.Y.), as Exhibit G. 9. I have attached a copy of the Letter from Ranjit Hakim, Executive Director of the Cook County Department of Ethics and Human Rights to Cook County Landlords and Rental Property Managers, Nov. 23, 2013, as Exhibit H. Dated: Brooklyn, NY July 11, 2022 rmen H. Merjian 2 2 of 55 FILED: NEW YORK COUNTY CLERK 07/11/2022 06:07 PM INDEX NO. 452058/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/11/2022 EXHIBIT A 3 of 55 FILED: NEW YORK COUNTY CLERK 07/11/2022 06:07 PM INDEX NO. 452058/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/11/2022 Staff: Molly Murphy, Counsel Migna Taveras, Policy Analyst 9 THE COUNCIL REPORT OF THE GOVERNMENTAL AFFAIRS DIVISION ROBERT NEWMAN, LEGISLATIVE DIRECTOR ALIX PUSTILNIK, DEPUTY DIRECTOR COMMITTEE ON GENERAL WELFARE Bill de Blasio, Chair December 12, 2007 PROPOSED INT. NO. 61-A: By Council Members de Blasio, Foster, James, Koppell, Martinez, Mendez, Palma, Sanders Jr., Stewart, White Jr., Yassky, Liu, Reyna, Avella, Gentile, Monserrate, Brewer, Garodnick, Gerson, Jackson, Mealy, Arroyo, Weprin, Mark-Viverito, Gioia, Gonzalez, Vann, Barron, Eugene and the Public Advocate (Ms. Gotbaum) TITLE: A Local Law to amend the administrative code of the city of New York, in relation to prohibiting landlords from discriminating against tenants based on lawful source of income The Committee on General Welfare, chaired by Council Member Bill de Blasio, will meet on Wednesday, December 12, 2007 to consider Proposed Int. No. 61-A, which would amend the administrative code of the city of New York to prohibit landlords from discriminating against tenants based on lawful source of income. Representatives from 4 of 55 FILED: NEW YORK COUNTY CLERK 07/11/2022 06:07 PM INDEX NO. 452058/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/11/2022 the New York City Housing Authority ("NYCHA"), the Department of Housing Preservation and Development ("HPD"), individuals who would be affected by the bill, advocates and other concerned members of the community are expected to testify. Background The Housing Choice Voucher Program, also known as the Section 8 voucher country.1 program, is the largest rental subsidy program in the The Section 8 Housing Assistance program was created by the Housing and Community Development Act of 1974.2 In 2000, 1.5 million people received rental subsidies through the Section 8 program.3 Section 8 participants receive vouchers to supplement their income to obtain affordable housing. The Housing Choice Voucher Program is funded by the U.S. Department of Housing and Urban Development ("HUD"), and administered by local housing authorities. HUD guidelines suggest that a family's income may not exceed 50 live.4 percent of the median income for the area where the family chooses to At least 75 percent of voucher recipients must have incomes that do not exceed 30 percent of the income.5 standard" area median The "payment is the maximum monthly housing subsidy for the family. The payment standard includes the family's contribution, which must be 1 Office of Policy Development and Research, Study U.S. Departmentof Housing and Urban Development, on Section Success Rates, Volume I: Quantitative 8 Voucher Study of Success Rates in Metropolitan Areas, Chapter 1, 1 (November 2001) (last updated March 17, 2003). 2 42 U.S.C.A. §1437f(a) authorizes housing assistance payments "for the purpose of aiding low-income housing." families in obtaining a decent place to live and of promoting economically mixed 3 Office of Policy Development and Research, s_u_pra U.S. Department of Housing and Urban Development, note 1. 4 available at S_ee Housing Choice Vouchers Fact Sheet, HUD, http://www.hud.gov/offices/pih/programs/hev/about/fact sheet.cfm#10. 5 See 24 CFR § 982.201. 2 5 of 55 FILED: NEW YORK COUNTY CLERK 07/11/2022 06:07 PM INDEX NO. 452058/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/11/2022 no less than 30 percent and no more than 40 percent of their monthly-adjusted gross income.6 In New York City, the Section 8 program is administered by both the New York City Housing Authority ("NYCHA") and the Department of Housing Preservation and ("HPD").7 Development As of June 30, 2007, 82,801 households leased Section 8 units through NYCHA's Section 8 program, and 29,350 landlords participated in the program NYCHA.8 administered by The New York City Department of Housing Preservation and Development ("HPD") administers Section 8 vouchers to over 28,000 households, who owners.9 are housed by approximately 5,800 NYCHA's Section 8 program was closed to new applicants (with the exception of emergency applicants such as victims of domestic violence, homeless persons, intimidated witnesses or those involved with the ACS family unification and independent cuts.10 living program) from December 1994 to February 2007 due to federal funding In 6 New YorkCity Department of Housing Preservation and Development ("HPD") voucher payment standards as of October 2007 were $903 for an SRO, $1204 for a studio, $1303 for a one-bedroom, $1449 for a two-bedroom, $1783 for a three-bedroom, $2005 for a four-bedroom, $2306 for a five-bedroom, and $2606 for a six-bedroom. According to the HPD website, "[t]he payment standards are determined by HUD, which establishes standards at or close to the average of all rents in the particular area, and by HPD, rent." which establishes payment standards between 90 - 110% of the HUD established See Residential Tenants Section 8 Information, HPD, available at: http://161.185.1.156/html/hpd/html/tenants/section 8.shtml#size. New York City Housing Authority ("NYCHA") voucher payment standards for new rentals and transfers for a as of October 2007 were $1095 studio, $1185 for a one-bedroom, $1318 for a two-bedroom, $1621 for a three-bedroom, $1823 for a four- bedroom, $2096 for a five-bedroom, $2370 for a six-bedroom, $2643 for a seven-bedroom, and $2917 for an eight-bedroom. See Section 8 Assistance, Voucher Payment Standards, NYCHA, available at: http://www.nyc.gov/html/nycha/html/section8/voucher payment.shtml. If the rent exceeds these standards, the tenant can pay up to but no more than 40 percent of household income. 7 In and Community addition, the New York State Division of Housing Renewal administers a state-wide Section 8 program, which includes New York City. See Residential Tenants Section 8 Information, HPD, supra note 6. 8 S_eeNYCHA Section 8 Statistics, available at: http://www.nyc.gov/html/nycha/downloads/pdf/lh apt stats.pdf. 9 S_ee Testimony of Patricia Zafiriadis, HPD, before the Committee on General Welfare, April 11, 2007, 27 (on file with the Committee on General Welfare). 10 See Press Release, Mayor Bloomberg and NYCHA Chairman Hernandez Announce the Reopening of the Section 8 Voucher List for First Time in Twelve Years, January 29, 2007, available at: 3 6 of 55 FILED: NEW YORK COUNTY CLERK 07/11/2022 06:07 PM INDEX NO. 452058/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/11/2022 early 2007, however, Mayor Bloomberg and NYCHA Chairman Tino Hernandez announced the availability of 22,000 new Section 8 vouchers and temporarily reopened years.11 the Section 8 waiting list to non-emergency applicants for the first time in 12 The 2007.12 list opened for a 90-day period from February 12, 2007 to May 14, Currently, notice.13 NYCHA is only accepting applications from emergency applicants until further NYCHA Section 8 participants have 180 days from the time they receive apartment.14 vouchers to locate an In some instances, NYCHA will grant an extension of time if the participant requires one. Section 8 recipients through HPD's Section 8 voucher,15 program have 120 days to find apartment after receiving a although recipients can request a 30 day extension if they can document a reason for delay, such as an illness hospitalization.16 requiring In both programs, once a tenant has found an apartment, the landlord must pass an initial inspection and sign a lease with both the housing authority (whether NYCHA or HPD) and the tenant agreeing to provide decent, safe, and sanitary clients' housing at a reasonable rent. NYCHA and HPD recertify income and family inspections.17 composition at least annually, and conduct annual apartment http://www.nyc.gov/html/nycha/downloads/pdf/pr jan07 29.pdf. In late 2004, NYCHA began phasing out the priority status that homeless families formerly had for the Section 8 program. See Press Release, City Officials Announce Sweeping Changes in Rental Assistance Delivery to Better Serve New Yorkers Both In and Outside Shelter, October 19, 2004, available at: http://www.nyc.gov/html/dhs/html/press/pr101904.shtml ll See Press Release, Mayor Bloomberg and NYCHA Chairman Hernandez Announce the Reopening of the Section 8 Voucher List for First Time in Twelve Years, supra note 10. 12 13 See Section 8 Assistance, NYCHA, available at: http://www.nve.gov/html/nycha/html/section8/section8.shtml. 14 See Section 8 Assistance, Frequently Asked Questions, Applicant's Questions, NYCHA, available at: http://home2.nyc.gov/html/nycha/html/section8/lh app faqs.shtml. 15 See Testimony of Patricia Zafiriadis, supra note 9, at 40. 16 7 See Section 8 Assistance, Frequently Asked Questions, Section 8 Tenant Questions, NYCHA, available at: http://www.nyc.gov/html/nycha/html/section8/lh ten faqs.shtml#q1. See also Residential Tenants Section 8 Information, HPD, spp_ra note 6; Section 8 Assistance, Frequently Asked Questions, Applicant's Questions, sup_ra note 14. 7 of 55 FILED: NEW YORK COUNTY CLERK 07/11/2022 06:07 PM INDEX NO. 452058/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/11/2022 Not all recipients who receive Section 8 vouchers are able to utilize them. Voucher holders often have difficulties finding landlords who will accept the vouchers within the given time frame, which can force them to relinquish their vouchers and begin the process again. In a nationwide study conducted in 2001, HUD found that only 69.2 percent of voucher holders in large metropolitan areas successfully obtained housing time.18 within the allotted amount of The HUD study also reported that voucher holders encounter increased difficulties securing affordable housing; whereas in 1993 all successful voucher holders found a unit within 90 days, almost 25 percent of those unit.19 surveyed in 2000 needed more than 120 days to find a Historically New York City has had a low success rate. According to HUD, in the 1980s the City's success rate 2001.20 was as low as 33 percent; it rose to 62 percent in 1993 and fell to 57 percent in According to figures from NYCHA, New York City's success rate for Section 8 vouchers percent.21 in 2005 was approximately 72 As of April 11, 2007, NYCHA reported that the percent.22 success rate is approximately 65 - 70 HUD's 2001 study suggested a number of factors that affect success rates, including the tightness of the rental market, characteristics of the voucher holder and general acceptance of Section 8 in the area by landlords.23 8 of all families provided vouchers who lease a housing The study defined success rate as the "percentage time." unit meeting the program requirements within the allotted amount of S_eee_U.S.Department of Housing and Urban Development, Office of Policy Development and Research, sup_ra note 1. 19 IA, Chapter 2, at 5. 20 IA at ii. 21 Information provided to the Committee on General Welfare by NYCHA on July 28, 2006, on file with the Committee on General Welfare. 22 on General Welfare, April 11, 2007, 90 (on file Testimony of Greg Kern, NYCHA, before the Committee with the Committee on General Welfare). 23 of Policy Development and Research, U.S. Department of Housing and Urban Development, Office supra note 1. 5 8 of 55 FILED: NEW YORK COUNTY CLERK 07/11/2022 06:07 PM INDEX NO. 452058/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/11/2022 Research suggests, furthermore, that Section 8 holders encounter significant amounts of discrimination from landlords. A survey of multi-family property owners and managers conducted by the U.S. Census Bureau found that approximately 8.7 million out 8.24 of approximately 20.5 million owners and managers surveyed will not accept Section Lawyers' A study conducted by the Committee for Better Housing in Chicago concluded that nearly half of all landlords explicitly refused to accept Section 8 housing vouchers tenants25 from investigators posing as prospective and that "Housing Choice Voucher holders face multi-level barriers of discrimination based on source of income, race, and ethnicity."26 New York ACORN, the Association of Community Organizations for Reform Now, conducted a study earlier this year to examine the challenges facing Section 8 holders seeking to rent apartments in New York City. Overall, ACORN found that Section 8 holders have significantly fewer housing options than those without Section 8 who are looking for apartments within similar rent guidelines. In one test, ACORN Management" employees called a total of 1449 numbers listed under "Property in YellowPages.com.27 ACORN successfully connected with 415 companies, and found 86 studio or one-bedroom apartments that were within the NYCHA Section 8 rent guidelines.28 Of these, only 37 (or 43 percent) accepted Section 8 vouchers. In a second 24 See Property Owners and Managers Survey, Multi Family Properties: Reasons for Not Accepting Section 8 Tenants - Table 54, U.S. Census Bureau, Housing and Household Economics Statistics Division, last revised December 17, 2004. 25 Lawyer's Committee for Better Housing, Inc., Locked Out: Barriers to Choice for Housing Voucher Holders, 9 (April 2002). 26 Id. at 10. 27 See Housing for Everyone: New York City, Section 8, and Source of Income Discrimination, New York ACORN, April 2007. 28 While NYCHA voucher payment standards for studio and one-bedroom apartments were $988 and $1069, respectively, at the time of the study, a family may choose a unit with a higher rent and pay the owner the difference, as long as the family is not paying over 40 percent of income when initially moving 6 9 of 55 FILED: NEW YORK COUNTY CLERK 07/11/2022 06:07 PM INDEX NO. 452058/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/11/2022 test, ACORN callers inquired about 161 studio and one-bedroom apartments listed within Times.29 the Section 8 rent standards on Craigslist, The Daily News, and The New York Of the 161 apartments identified, 121 were still available at the time of inquiry, only 16 (or 13 percent) of which accepted Section 8 vouchers. In a third test, ACORN called NYCHA's list of known Section 8 landlords. NYCHA's list contained 266 unique numbers, and ACORN successfully connected with 141 of them. From these 141 inquiries, ACORN callers found that 83 had available apartments within the Section 8 8.30 guidelines, however 3 no longer accepted Section Fifty-eight of the landlords did not have an available apartment. In recognition of this problem, an increasing number of jurisdictions have enacted legislation that prohibits discrimination on the basis of source of income. States with such legislation include California, Connecticut, Maine, Massachusetts, Minnesota, New Wisconsin.31 Jersey, Utah, Vermont and In addition, Washington D.C., Chicago, San Francisco, Montgomery County, Maryland, and Seattle have local legislation barring discrimination.32 source of income Some localities within New York State have passed ordinances and laws protecting Section 8 holders from discrimination based on source of into the unit. See http://www.ci.nyc.ny.us/html/nycha/downloads/pdfTlh housing choice.pdf. ACORN callers followed a script that included a hypothetical occupation and income. The callers inquired about studio and one-bedroom apartments renting 8 rent standards, as well as about those that within the Section were above the rent standards but would not require the hypothetical tenant to pay more than 40 percent of income. Specifically, the ACORN callers inquired about available studio apartments under $1000 and available one-bedroom apartments under $1075. 29 ACORN testers inquired (via email and phone) about studios listed under $1000 and one-bedrooms listed between $1100 - $1200. 30 ACORN reports that its callers inquired about an available studio or one-bedroom apartment. However, in order to obtain a fuller picture of apartment availability, ACORN callers also asked the landlord about larger size apartments on behalf family members. It is unclear if the 83 apartments of interested are exclusively studio and one-bedroom apartments, or if they represent available apartments of all sizes. 31 S_ee, e.g., Cal. Gov't Code § 12955; Conn. Gen. Stat. § 46a-64c(a); Me. Rev. Stat. Ann, tit. 5 § 4582; Mass. Gen. Laws ch. 151B, § 4, cl.10; Minn. Stat. Ann. § 363A.09; N.J. Stat. Ann. § 10:5-4; Utah Code Ann. § 57-21-5; Vt. Stat. Ann. tit. 9, § 4503; Wis. Stat. Ann. § 106.50. 32 San Francisco, S_ee e.g., D.C. Code Ann. § 2-1401; Chicago Municipal Code § 5-8-010; Cal., Police Code art. 33, § 3304; Montgomery County, Md., Code § 27-12(a); Seattle, Wash., Code § 14.08.040. 7 10 of 55 FILED: NEW YORK COUNTY CLERK 07/11/2022 06:07 PM INDEX NO. 452058/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/11/2022 County,33 Buffalo,34 Seneca35 income, including Nassau and the towns of West and Hamburg.36 The Fair Housing Center of Greater Boston