Did DSS deny you housing because you do not have an eviction notice? Know your rights.

Question: What law is on my side to get housed by DSS in Long Island if I don’t have an eviction notice?

In New York, the Department of Social Services (DSS) typically requires proof of homelessness or an imminent threat of becoming homeless to provide housing assistance. While an eviction notice can serve as evidence of this condition, there are other arguments you can present if you don't have one.

1. Homelessness Definition: New York law defines homelessness broadly, including those who are living in temporary situations or who have lost a permanent home. You may be considered homeless if you're staying temporarily with friends or family, even without an eviction notice.

2. Right to Shelter: Callahan v. Carey is a landmark court case decided in 1981 that established the right to shelter for homeless individuals in New York City. This case arose from a lawsuit filed by a group of homeless people against city officials, challenging the lack of adequate shelter for the homeless.

The court ruled that the City of New York had an obligation to provide shelter to individuals who are homeless. The decision emphasized that the state has a duty to ensure that all people, regardless of their circumstances, have access to essential services, including shelter. Furthermore, it mandated that the Department of Social Services (DSS) must assist individuals in unstable housing situations.

Callahan -v- Carey click here

3. Emergency Assistance: You can apply for emergency assistance for rent payments or temporary housing if you can demonstrate that your situation puts you at risk of homelessness.

4. Legal Aid: Consult with legal aid services or organizations that specialize in housing issues. They can provide assistance in navigating the law and potentially advocate on your behalf.

5.If you get denied by DSS it is important you get it in writing.

It’s advisable to gather any documentation that outlines your housing situation, such as letters from your sister, receipts for temporary housing, or any communications regarding your living situation. This may strengthen your case when applying for assistance.

Resources:

- Legal Aid Society: www.legal-aid.org http://www.legal-aid.org

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Feel free to reach out to legal aid organizations for further assistance!