The class action lawsuit, filed Tuesday on behalf of New York City public housing tenants left out of the state’s rental assistance program during the height of the pandemic, alleges the state’s distribution of the funds—for which these tenants received low priority—amounts to discrimination.

Attorneys at Fordham Law School filed a class action lawsuit Tuesday on behalf of New York City public housing tenants left out of the state’s rental assistance program during the height of the pandemic, alleging New York’s distribution of the funds—for which these tenants received low priority—amounted to discrimination.

The federal suit, brought by students at Fordham’s Housing and Urban Law Clinic, takes aim at the New York City Housing Authority (NYCHA) and New York State’s Office of Temporary and Disability Assistance (OTDA), the latter of which administered the state’s Emergency Rental Assistance Program (ERAP).

Launched at the height of the COVID-19 lockdown to aid tenants who fell behind on rent, ERAP initially prioritized its limited funds for landlords of market-rate apartments, effectively excluding public housing tenants. While the state provided $95 million in rent relief for NYCHA in last year’s budget, it was only enough to reach 15,000 of the roughly 70,000 public housing households that accumulated rent debt since the pandemic, the lawsuit states.

“We lobbied for this money because we were discriminated against even though we are taxpayers and we pay rent,” said Aixa Torres, the tenant association president at NYCHA’s Alfred E. Smith Houses and a member of Residents to Preserve Public Housing (RPPH). “Yes, we got some money, but did we really get our fair share?”

Torres’ group is among the plaintiffs named in the case, alongside three NYCHA tenants who’ve amassed rent arrears since 2020 but were “unable to benefit from ERAP during the height of the COVID-19 pandemic,” either because they didn’t know they were eligible and didn’t apply, or because their applications were left pending for years.

The suit also accuses NYCHA of failing to timely recertify tenants’ incomes—used to determine their monthly rent payments—to reflect the economic hardships they faced due to COVID-19, meaning they were paying more than they should have. Many residents who owe back rent now “live in fear of having eviction or consumer debt proceedings brought against them and their families,” the complaint states.

“We have a client who is seeking to file bankruptcy, we have a client who was diagnosed with cancer during this time. We have a client who lost her sister,” Professor Norrinda Brown, director of Fordham’s Housing and Urban Law Clinic, told City Limits Tuesday. “You’re going through all of the other stress and drama we were all experiencing during the pandemic and you think this program will help, but you’re just left pending for years.”

The complaint alleges discrimination based on race and national origin, since the vast majority of NYCHA tenants are Black and Hispanic or Latino, and accuses the defendants of violating the Fair Housing Act, the Civil Rights Act of 1964 and New York’s Human Rights Law, which prohibits source of income discrimination.

According to the complaint, the defendants’ “explicit deprioritization of public and subsidized housing tenants disproportionately prevented Black and Hispanic or Latino applicants from receiving… critical assistance due to their housing status and source of income, as compared to white applicants.” 

“When we understand the demographics of subsidized people in New York City—which is well known public information and certainly understood—‘subsidized’ in the city is a proxy for deeply poor Black and Hispanic tenants. That’s who we’re talking about,” Brown told City Limits. 

The lawsuit seeks an injunction to pause NYCHA from evicting and suing tenants over arrears whose ERAP applications were denied, left pending, or who didn’t know they could apply. 

It comes as the Housing Authority struggles with declining rent revenue. At a City Council hearing in March, NYCHA Chief Executive Officer Lisa Bova-Hiatt said about 70,000 households owed back rent, amounting to $482 million as of Feb. 29. NYCHA carried out 58 evictions in 2023 and 50 so far this year as of March 7, she said.

Both NYCHA and OTDA told City Limits they do not comment on pending litigation. 

To reach the reporter behind this story, contact Tatyana@citylimits.org. To reach the editor, contact Jeanmarie@citylimits.org

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Actor Jay Goede originated the role of Frog in the musical “A Year with Frog and Toad” at Children’s Theatre Company in 2002 and then on Broadway, and was set to reprise the role this spring at CTC.

So why did he quit the production two days before opening night?

From day one of rehearsal, he wrote in a Facebook post, “this was a nightmare of an experience.” He praised his castmates and the crew, but suggested the show’s director — outgoing CTC artistic director Peter Brosius — made the behind-the-scenes environment “a literal disaster.”

Goede did not share more specifics in the post and did not return an interview request Tuesday or Wednesday. CTC declined to comment; a spokesperson said the theater “cannot and does not comment on confidential personnel matters.”

“Don’t try to revisit things you did in the past that you’re really proud of and that were magical, let them remain cherished memories,” Goede wrote in the Facebook post.

John-Michael Zuerlein, understudy for the role of Frog, will play the part for the duration of the production, which opened at the end of April and runs through June 16.

Children’s Theatre Company artistic director Peter Brosius has announced he will leave the theater at the end of its 2023-24 season. (Dan Norman / Children’s Theatre Company)

Brosius, who took on the top creative post at CTC in 1997, helped the theater land the production rights to “A Year with Frog and Toad” for the 2002 show, but did not direct it. The current production is Brosius’ first time directing “Frog and Toad.”

After the musical premiered at CTC, it moved to Broadway in 2003, becoming the first show originally produced by a Twin Cities theater to advance to a full New York City production. Most of the original CTC cast, including Goede as Frog, continued their roles on Broadway, and the show was nominated for several Tony awards.

Another interesting tidbit: For that 2002 CTC show, Goede himself landed the role of Frog in a surprise replacement. The original actor left the cast before rehearsals began to care for an ill family member, the Pioneer Press noted at the time.

As for the 2024 production, “the show goes on” — and remains quite successful — in Goede’s absence, our reviewer Rob Hubbard wrote.

This summer was already poised to be a season of change for Children’s Theatre Company: Brosius’s successor as artistic director, Rick Dildine, takes over on July 1, and incoming managing director Jill A. Anderson starts three weeks later.

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The Gophers men’s basketball team picked up a commitment from Macalester transfer guard Caleb Williams on Wendesday.

Gophers fans will be familiar with Williams, who scored 41 points against the U in an exhibition game in November. The Wild Rose, Wis., native averaged 21.4 points per game for the Division III program last year.

Williams has one season of eligibility left for the U. He is the third addition to the Gophers roster this offseason, joining Oregon Guard Brennan Rigsby and Canisius forward Frank Mitchell.

The Gophers now have at least three vacant scholarship spots for next year’s roster.

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With water usage at an all-time high, Dakota County is inviting its cities to a friendly competition.

The competition, coined the Water Wise Challenge, encourages residents to reduce their water usage at home from May through August, when water usage is generally two to three times higher than in winter months, according to the county.

Those interested in entering the competition can pledge to take action like turning off the tap while brushing your teeth, taking shorter showers, running the dishwasher only when full, harvesting rainwater and more.

Cities with the most participation will be recognized by the Dakota County Board of Commissioners.

More than 90 percent of the county’s water supply comes from groundwater. Population growth, continued development and unpredictable climate patterns impact the county’s groundwater resources, the county said in a news release.

Dakota County used more than 30 billion gallons of groundwater in 2022, which, according to the county, is enough to fill the Empire State Building 108 times.

To take the pledge, go to http://pipr.es/ThZ6SxK.

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