Perez v. Lavine, 422 F. Supp. 1259 (S.D.N.Y. 1977)

422 F. Supp. 1259 (1977)

Maria PEREZ et al., Individually and on behalf of all others similarly situated, Plaintiffs,
v.
Abe LAVINE, as Commissioner of the New York State Department of Social Services, and James R. Dumpson, as Commissioner of the New York City Department of Social Services, Defendants.

No. 73 Civ. 4577 (CHT).

United States District Court, S. D. New York.

September 16, 1976.

As Amended January 14, 1977.

Louis J. Lefkowitz, Atty. Gen. of New York, New York City, for defendant Abe Lavine; Thomas R. McLoughlin, Asst. Atty. Gen., New York City, of counsel.

W. Bernard Richland, Corp. Counsel, New York City, for defendant James R. Dumpson; Greg D. Frost and Gayle S. Redford, Asst. Corp. Counsel, New York City, of counsel.

Kalman, Finkel, The Legal Aid Society, Civ. Div., John E. Kirklin, Director of Litigation, The Legal Aid Society, Civ. Appeals Bureau, New York City (Eric A. Rundbaken and John W. Corwin, New York City, of counsel), Steven J. Cole, Adele M. Blong, Center on Social Welfare Policy and Law, Marttie L. Thompson, Community Action for Legal Services, Inc., New York City (Michael A. O'Connor, New York City, of counsel); Donald Grajales, Rina B. Morales, Bronx Legal Services, Corporation "B", New York City (James Potter, Michael Fahey, New York City, of counsel), for plaintiffs.

 
ORDER

TENNEY, District Judge.

Defendants having been directed in an opinion handed down by this Court dated March 29, 1976 to submit a proposed order outlining plans for revision of their procedures in conformity with such decision, and the Court having considered the submission of both parties with respect to such direction, it is hereby

ORDERED (1) that, subject to paragraph (2) hereof, any person wishing to apply for public assistance within the City of New York shall be provided an application form on the date of such person's first or second visit to an Income Maintenance Center for the purpose of applying for assistance; and it is further

ORDERED (2) that

(a) application forms be provided at alternative locations throughout the community to all interested organizations which request a supply of the forms. A comprehensive list of organizations which have requested and been provided application forms is attached hereto as Appendix A;

*1260 (b) the availability of application forms from such organizations be adequately publicized by defendant [J. Henry Smith], as Commissioner of the New York City Department of Social Services, so that persons wishing to apply for aid are, to the maximum extent feasible, made aware of the availability of application forms from such organizations;

(c) notwithstanding the alternative provided by this paragraph, any individual wishing to obtain an application form and application kit (described in NYC Procedure No. 75-13, Oct. 6, 1975, p. 9, and subsequent revisions thereto which must include like materials) from an Income Maintenance Center must be permitted to do so, and must be provided such form and kit on request; and it is further

ORDERED (3) that at the time such person is provided an application form he or she shall simultaneously be provided the application kit which shall include a comprehensive, intelligible set of instructions, written in large, easily read print in English and/or in Spanish as applicable, designed to ensure that an applicant can complete the application form without requiring the assistance of Income Maintenance Center personnel. A draft copy of these instructions is attached hereto as Appendix B; and it is further

ORDERED (4) that signs be posted prominently in all Income Maintenance Centers in the City of New York notifying applicants that they are entitled to an application form and informing them to request an application from the receptionist if they want one. The sign, which will be in both English and Spanish and in letters of at least one inch in height, will read as follows:

 

"NOTICE TO APPLICANTS

 

IF YOU WANT TO APPLY FOR PUBLIC ASSISTANCE, YOU HAVE A RIGHT TO GET AN APPLICATION FORM AND WRITTEN INSTRUCTIONS THAT EXPLAIN HOW TO FILL OUT THE APPLICATION. YOU ALSO HAVE THE RIGHT TO FILE THE APPLICATION FORM AND GET A WRITTEN DECISION TELLING YOU WHETHER OR NOT YOU ARE ELIGIBLE. YOU CAN FILE AN APPLICATION AND GET A WRITTEN DECISION EVEN IF THE RECEPTIONIST TELLS YOU THAT YOU DO NOT SEEM ELIGIBLE."

It is further

ORDERED (5) that

(a) after an applicant receives an application, an appointment shall be scheduled for the applicant to return for an initial application interview within five working days;

(b) all application staff will be notified that they cannot schedule initial application appointments beyond five working days without express approval from the Center Director;

(c) the Center Director, upon being notified by his application supervisor that the initial application interview cannot be scheduled within five working days, will provide for the transfer of staff from other sections to meet the five-working-day requirement or call the Deputy Administrator for Income Maintenance Programs, or his designee, who will take immediate steps to ensure that such appointments are scheduled within five working days;

(d) if an appointment cannot be scheduled within five working days, the applicant's completed application shall nevertheless be accepted for filing at the time submitted by the applicant;

(e) if the applicant returns to the Center on the date of his or her scheduled application interview, the application interview shall be held on that day and the completed application form shall be accepted as filed on or before that day; and it is further

ORDERED (6) that all application section personnel and administrative staff within the Income Maintenance Centers be notified that applicants have a right to obtain an application form even if they are in the wrong Center or the pre-screening interview indicates that they are presumptively not eligible. Training sessions will be held *1261 to ensure that Center staff, including receptionists, "A" receptionists, application interviewers, application supervisors, and all administrative staff are aware of this requirement; and it is further

ORDERED (7) that defendant [Philip Toia], as Commissioner of the New York State Department of Social Services, take such steps as may be necessary to assist defendant [J. Henry Smith], as Commissioner of the New York City Department of Social Services, to comply with this Order and to ensure periodic review by the State Department of Social Services so that appropriate corrective action may be taken by such State agency in the event that noncompliance is ascertained.

 
APPENDIX A Community Offices BROOKLYN Brighton Beach Coordinating Committee for Russian Immigrants 293 Neptune Avenue Brooklyn, N. Y. 11235 Jewish Family Services 4917 12th Avenue Brooklyn, N. Y. 11219 Sunset Park Family Health Center 514 49th Street Brooklyn, N. Y. 11220 Jewish Family Services 186 Montague Street Brooklyn, N. Y. 11201 John the Baptist Community Center 807 Willoughby Avenue Brooklyn, N. Y. 11206 Bedford Stuyvesant Alcoholism Treatment Clinic 1121 Bedford Avenue Brooklyn, N. Y. 11216 Bedford Stuyvesant Restoration Corp. 172 Tompkins Avenue Brooklyn, N. Y. 11206 Bedford Stuyvesant Youth in Action 882 DeKalb Avenue Brooklyn, N. Y. 11221 Lyndon B. Johnson Health Center 507 DeKalb Avenue Brooklyn, N. Y. 11205 Bedford Stuyvesant Youth in Action 930 Bedford Avenue Brooklyn, N. Y. 11205 Bedford Stuyvesant Youth in Action 496 Franklin Avenue Brooklyn, N. Y. 11238 Club Heraldo Hispano 727 Fulton Street Brooklyn, N. Y. 11217 Fort Greene Community Corp. 205 Ashland Place Brooklyn, N. Y. 11205 Coney Island Hospital Social Service Department 2601 Ocean Parkway Brooklyn, N. Y. 11235 Our Lady of Mercy Church 680 Stone Avenue Brooklyn, N. Y. 11212 Salvation Army 280 Riverdale Avenue Brooklyn, N. Y. 11212 Kings County Hospital Alcoholism Treatment Clinic 600 Albany Avenue Brooklyn, N. Y. 11203 Kings County Hospital Social Service Department 451 Clarkson Avenue Brooklyn, N. Y. 11203 Catholic Charities Human Service Center 730 Classon Avenue Brooklyn, N. Y. 11238 *1262 Catholic Charities Human Service Center 1101 Carroll Street Brooklyn, N. Y. 11225 Catholic Charities Williamsburg Human Service Center 142 Montrose Avenue Brooklyn, N. Y. 11206 Northside Community Development Council 575 Driggs Avenue Brooklyn, N. Y. 11211 Williamsburg Community Corp. 815 Broadway Brooklyn, N. Y. 11206 School Settlement Association 120 Jackson Street Brooklyn, N. Y. 11211 St. Nicholas Neighborhood Preservation and Housing Rehabilitation Corp. 260 Powers Street Brooklyn, N. Y. 11211 Education Action Centers 577 Lorimer Street Brooklyn, N. Y. 11211 Opportunity Development Association 41 Heyward Street Brooklyn, N. Y. 11211 United Jewish Organizations 545 Bedford Avenue Brooklyn, N. Y. 11211 Italian American Civil Rights League 390 Graham Avenue Brooklyn, N. Y. 11211 Williamsburg Legal Services 260 Broadway Brooklyn, N. Y. 11206 Lutheran Community Service Center 366 Union Avenue Brooklyn, N. Y. 11211 Williamsburg Prenatal Clinic 151 Maujer Street Brooklyn, N. Y. 11206 Welfare Recipients Action Group of Red Hook 396 Van Brunt Street Brooklyn, N. Y. 11231 La Casa Neighborhood Service Center 152 Columbia Street Brooklyn, N. Y. 11231 Chama Brooklyn Child Development Center 1835 Sterling Place Brooklyn, N. Y. 11233 Catholic Migration Office 354 Court Street Brooklyn, N. Y. 11231 Catholic Migration Office 12 Bedford Avenue Brooklyn, N. Y. 11223 Catholic Migration Office 74-10 20th Avenue Brooklyn, N. Y. 11204 Catholic Migration Office 1449 Myrtle Avenue Brooklyn, N. Y. Fort Greene Community Corp. 958 Fulton Street Brooklyn, N. Y. 11238 Community Offices BRONX Cypress Community Center 541 E. 138 Street Bronx, N. Y. 10454 Catholic Charities 541 E. 138 Street Bronx, N. Y. 10454 Bronx Lebanon Hospital Concourse Division *1263 Social Services Department 1650 Grand Concourse Bronx, N. Y. 10456 Bronx Developmental Services State Department of Mental Hygiene 726 Kelly Street Bronx, N. Y. 10455 Bronx Developmental Services 1366 Inwood Avenue Bronx, N. Y. 10452 Puerto Rican Family Institute 2051 Grand Avenue Bronx, N. Y. 10453 Morris Avenue Engage 284 E. 150 Street Bronx, N. Y. 10451 West Bronx Jewish Federation Service Center 1130 Grand Concourse Bronx, N. Y. 10456 The Jewish Family Services 140-26 Carver Loop Coop City, Bronx, N. Y. 10475 Bronx Psychiatric Center 1500 Waters Place Bronx, N. Y. 10461 Bronx State Hospital Highbridge Out-Patient Clinic 260 East 161 Street 10th floor Bronx, N. Y. 10451 Riverdale Neighborhood House 5521 Mosholu Avenue Riverdale, N. Y. 10471 J. A. S. A. 2488 Grand Concourse Bronx, N. Y. 10458 Bronx Community College Loew Hall 4th floor 181 Street and University Avenue Bronx, N. Y. 10453 Northwest Community Coalition Youth Development Program 2721 Webster Avenue Bronx, N. Y. Martin Luther King, Jr. Health Center 3674 Third Avenue Bronx, N. Y. 10456 Martin Luther King, Jr. Health Center 1633 Bathgate Avenue Bronx, N. Y. 10457 South Bronx Community Corp. 363 E. 148 Street Bronx, N. Y. 10455 United Bronx Parents 810 E. 152 Street Bronx, N. Y. 10455 United Bronx Parents 337 E. 149 Street Bronx, N. Y. 10451 Bronx Developmental Services 2692 Third Avenue Bronx, N. Y. 10454 Morrisania Prenatal Clinic 1316 Fulton Avenue Bronx, N. Y. 10456 G L I E Community Youth Program 1382 Grand Concourse Bronx, N. Y. 10457 Community Offices MANHATTAN Little Italy Restoration Association, Inc. 384 Broome Street New York, N. Y. 10013 *1264 We Care Walk in Referral Center 28 Edgecombe Avenue New York, N. Y. East Harlem Family Problem Clinic 2050 Second Avenue New York, N. Y. 10029 Project Access 1441 Park Avenue New York, N. Y. 10029 Afro-American East Service Center 1765 Madison Avenue New York, N. Y. 10029 East Harlem Nutrition Education Program 1692 Lexington Avenue New York, N. Y. 10029 Community Affairs Office New York Medical College 217 E. 106 Street New York, N. Y. 10029 Community Development, Inc. 169 W. 89 Street New York, N. Y. 10024 Central Harlem Community Corp. NAB # 4 2230 Eighth Avenue New York, N. Y. 10027 Central Harlem Community Corp. NAB # 5 238 W. 116 Street New York, N. Y. 10026 Harlem Assertion of Rights 35 W. 125 Street New York, N. Y. 10027 United Welfare League 929 Columbus Avenue New York, N. Y. 10025 Better Community Association 1722 Amsterdam Avenue New York, N. Y. Club Civico Ponceno 1230 St. Nicholas Avenue New York, N. Y. 10033 Community Action Mobilization for Prog. 2089 Amsterdam Avenue New York, N. Y. 10032 Community League of W. 159 Street 508 W. 159 Street New York, N. Y. 10032 Family Planning North 1984 Amsterdam Avenue New York, N. Y. 10032 Grant Youth Council 501 West 125 Street New York, N. Y. 10027 Neighborhood Manpower Service Center 760 St. Nicholas Avenue New York, N. Y. 10031 St. Mary's Involvement Program 514 W. 126 Street New York, N. Y. 10027 Strive, Train, Organization for Prog. 2121 Amsterdam Avenue New York, N. Y. 10032 Uptown Community Service League 3671 Broadway New York, N. Y. 10031 Action for Progress 189 Allen Street New York, N. Y. 10002 Action for Progress 175 Chrystie Street New York, N. Y. 10002 Lower East Side Community Corp. 42 Avenue C New York, N. Y. 10009 It's Time 139 Henry Street New York, N. Y. 10002 Lower East Side Community Corp. 195 Stanton Street New York, N. Y. 10002 Lower East Side Community Corp. 42 Avenue C New York, N. Y. 10009 Negro Action Group 217 E. Third Street New York, N. Y. 10009 Association of Community Service Centers 152 Avenue D New York, N. Y. 10009 Search and Care 341 E. 87 Street New York, N. Y. *1265 Community Offices QUEENS Catholic Migration Office 30-58 Steinway Street Astoria, Queens, N. Y. 11103 Catholic Migration Office 98-21 101st Avenue Ozone Park, Queens, N. Y. 11416 Federation Jewish Community Council Service Center of the Rockaways 20-38 Mott Avenue Far Rockaway, N. Y. 11691 Human Service Center 172-07 Jamaica Avenue Queens, N. Y. 11432 Flushing Human Service Center 41-06 163rd Street Flushing, Queens, N. Y. "Birth Right of Queens" 79-24 Parsons Boulevard Queens, N. Y. Rockaway Community Corp. 260 Beach 84 Street Queens, N. Y. Jewish Community Service 86-92 Palo Alto Street Holliswood, Queens, N. Y. 11423 "All the Queens Women" 163-23 Depot Road Queens, N. Y. 11358 Queensbridge Health Services 38-53 12th Street Long Island City, N. Y. 11101 Rockaway Human Services Center 253 Beach 116 Street Rockaway, Queens, N. Y.
APPENDIX B 
DRAFT 
Instructions For Filling out the DSS 1994 Application of Need For Public Assistance

These instructions are designed to help you fill out the application for public assistance. Please print your answers clearly and complete all items. You will be required, at your interview, to supply proof of your statements in this application, especially proof of identity, age, place of residence, rent, relationship of children, all income and resources. A Redi-Reference Guide is supplied to aid you in determining what documentation you may have that will establish your statements.

 
PART I. FAMILY & RELATIVE DATA

The items under this heading are self-explanatory.

 
Instructions for Section A

Please print the name, social security number, relationship, sex, birthdate, place of birth, marital status, date came to N. Y. State for all persons applying together for public assistance. Start by giving this information for yourself, then for your spouse, and then for your children or other persons living with you and applying for assistance.

 
Instructions for Section B

If there are other persons living in your home who are not applying for assistance, you must fill out this section. If no one else lives in your home check the box marked no.

 
Instructions for Section C

We need to know the change in your situation that has caused you to apply for public assistance. Tell us. As examples: If you lost your job, tell us when. If your husband left you, explain why and when. If you have exhausted your bank account or other savings, explain how and when. There are boxes to be checked that will help you tell us what has happened but we would also like you to tell us in your own words how you got along before the change.

 
Instructions for Section D

We would like to know whether you have ever received public assistance, whether you now receive or have ever received food stamps and medicaid.

 
Instructions for Section E

Children over 16, if not attending school, must register for work programs. Please show the names of your children 16 and over and show what schools they attend.

 
*1266 Instructions for Section F

Persons who have begun the fourth month of pregnancy are entitled to an additional allowance when they bring a doctor's statement. Persons who are addicted to drugs and or alcohol must be in treatment for these addictions as a condition of receiving assistance.

 
Instructions for Section G

Self-explanatory.

 
Instructions for Section H

If anyone who is listed in Section A as applying for assistance served in the armed forces of the U.S. during a time of war, or is related to the veteran, they may be eligible for veteran assistance.

 
Instructions for Section I

We are interested in knowing whether you or your wife have children under 21 who live outside of your home.

 
Instructions for Section J

Where a husband or wife is living outside the home, we need to know where he/she is so we can ask whether he/she can give you assistance as he/she is legally responsible for your support.

 
Instructions for Section K

Where the parents of minor children for whom you are applying for assistance live outside the home we need to know where they live so we can ask whether they can provide assistance for their children as they are legally responsible for their children's support. If there is more than one parent living outside the home give information for each parent.

 
Instructions for Section L

If the parents of minor children for whom you are applying for assistance are dead, the children may be eligible for benefits from Social Security or elsewhere.

 
Instructions for Section M

If you are under 21 years of age, your parents are legally responsible for your support. Please fill out information so we may contact your parents.

 
PART II LIVING ARRANGEMENTS 
Instructions for Section N

We will try to help you return to your last address or help you find another place to live if you do not have a home. If you do have a home, we need to know whether you and your family live alone, share an apartment or home, or own your own home. We need to know how much it costs you for rent or payment of your carrying charges. This information will help us to decide how much money you need for public assistance.

 
Instructions for Section O

Needs no further explanation. You have to tell us whether you want food stamps in addition to public assistance. To get food stamps, you will have to pay some money from your public assistance, but you will receive a higher cash value through the food stamps than you pay in money to buy the stamps. Not everybody is eligible for food stamps, so be sure to fill out all parts of this section.

 
Instructions for Section P

If you owe rent or a gas and electric bill, we may be able to help you pay. Let us know in this section what debts you owe.

 
PART III EMPLOYMENT 
Instructions for Section Q

You may be eligible for assistance even if you or persons in your family are employed. Let us know how much each person who works earns and what is deducted from her salary. Give us the names of the employer. Your costs to care for your children while you work are taken into account when figuring out how much you need from public assistance.

 
Instructions for Section R

Needs no explanation. There may be benefits coming to you from past work of yourself or others in your family.

 
Instructions for Section S

Needs no explanation. There may be benefits coming to you; unions to which you or members of your family belong.

 
*1267 Instructions for Section T

We need to know whether you are now receiving or expect to receive any of the benefits or income listed. This income will be considered in figuring out how much you can get in public assistance.

 
PART V RESOURCES 
Instructions for Section U

We need to know, for any person applying for assistance, if he has any of the resources listed. These resources must be applied against the needs for public assistance.

 
PART VI OTHER APPLICANT INFORMATION 
Instructions for Section V

This question is asked so that the government can have statistics for research. If you do not want to answer this question, it will make no difference in considering your application for assistance.

 
Instructions for Section W

This question need not be answered for persons living in New York City.

 
Instructions for Section X

The law prohibits us from giving assistance to illegal aliens for more than 30 days. Please answer this questions in this section so we can determine if you are a citizen or an alien legally residing in this country.

 
Instructions for Section Y

Use this space to write in any information in your application that you want us to know more about.

 
PART VII CERTIFICATION

Please read the statement in this part carefully. It is important that you understand what you are writing in this application and understand what may happen if you make false statements. Your signature is required. If you can't sign yourself, a representative may sign for you. If you sign with an X, your mark must be witnessed.

 
REQUEST FOR SERVICES

If you wish to obtain a social service, read and fill in page 11. A representative of our Department will be in touch with you to discuss your need for services. You may be eligible for service even if you are not eligible for public assistance. If you don't want a social service, it will not affect your eligibility for public assistance.

 
Part 1 Self-Explanatory

A. In this section, list all members of your family living in the household who need Public Assistance. Give the asked for information for each person listed.

B. List any additional members of your household who do not need Public Assistance. If there are other people living in your house who do not need Public Assistance, you must fill out this section.

C. Self-explanatory.

D. Indicate whether you previously applied for or received Public Assistance, Medicaid or Food Stamps.

E. Self-explanatory. Please explain how you were getting along on the money you had and tell what changed so that you now need Public Assistance.

F. Name any pregnant, sick or disabled member of your family and his treatment program, if any.

G. Self-explanatory.

H. A Veteran is a person who served in the Armed Forces of the United States. Please fill out this section if anyone applying for assistance is a Veteran.

I. List the name and address of any child of you or your spouse who is under 21 years of age, not living with you.

J. Indicate the name and address or last known address or your legal husband or wife.

K. If one or both of the parents of the children for whom you are applying for assistance, listed in Section A, is not living in your home, indicate his name, address and support received.

*1268 L. Self-explanatory.

M. Self-explanatory.

N. If you have no place to live, fill in your last complete address, and the reason you can no longer stay there.

 

If you pay rent, check off ( ) the type of living arrangements and the requested information about the landlord, etc.

 

If you live with somebody else, fill in the requested information in area 3.

 

If you own your own home, fill in the requested information in area 4.

O. Self-explanatory.

P. Indicate the amount of any debt listed and the period incurred.

Q. Fill in the requested information about each employed person listed in Section A, including all items deducted or withheld from his pay. In Section 3, list additional employment expenses, and in Section 4, any child care expenses caused by the employment of the listed persons.

R. Give the requested information about the employment of any person in your family who worked during the last year.

S. Self-explanatory.

T. Individuals or families applying for Public Assistance are expected to take advantage of all available resources, to defray their need for Public Assistance. Is anyone in your family listed in section A expecting to receive any of the benefits listed in the section?

U. Self-explanatory.

V. Self-explanatory.

W. If your name is not listed on the building registry or mailbox, or if there is no building number of your apartment, please give identifying information.

X. Please fill in all the requested information for any citizen who is not born in the United States or any alien member of your family group.

Y. Self-explanatory.

Z. If you received help from an individual or agency in filling out this application, please give his name and address. If you sign the application with an "X", a witness should also sign and fill in his address.