New York Supreme Court

million annually (R. 189-90). For the first time since the City entered into the
landmark 1981 consent decree in Callahan v. Carey, Index. No. 42582/79 (Sup.
Ct. New York County) (R. 64-73), vulnerable homeless women and men could be
turned back onto the streets, where they may suffer serious harm and even death
from exposure to the elements.
B. Issuance of the Procedure
In 2011, DHS requested that the New York State Office of Temporary and
Disability Assistance (“OTDA”) approve its proposal to implement the Procedure
(R. 51). On November 2, 2011, OTDA wrote to DHS stating:
(R. 165).
I am writing in response to your request for approval of the
Department of Homeless Services’ (DHS) Single Adults
Eligibility Procedure (the “Procedure”). The Procedure sets
forth the standards by which DHS Single Adult Intake facilities
(“DHS”) will determine whether individuals who apply for
Temporary Housing Assistance (“THA”) are eligible for
temporary emergency shelter.
The Office of Temporary and Disability Assistance (“OTDA”)
has reviewed the Procedure and determined that it is not
inconsistent with State law or regulation.
The following day, DHS issued the Procedure, with an effective date of
November 14, 2011 (R. 167, 320).
On November 9, 2011, OTDA wrote a second letter to DHS stating:
Any suggestion that the Office of Temporary and Disability
Assistance (“OTDA”) approved the New York City Department
4