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Case: United States v. New York City Housing Authority

1:18-cv-05213 | U.S. District Court for the Southern District of New York

Filed Date: June 11, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 11, 2018, the U.S. Government filed this lawsuit in the U.S. District Court in the Southern District of New York. The plaintiff sued the New York City Housing Authority ("NYCHA") under the U.S. Housing Act of 1937 (42 U.S.C. § 1437d(j)(3)), the federal Anti-Fraud Injunction Act (18 U.S.C. § 1345), and the Toxic Substances Control Act (15 U.S.C. § 2616(a)(1)). The government sought injunctive relief, appointment of a monitor, and equitable relief. The plaintiff claimed that NYCHA violate…

On June 11, 2018, the U.S. Government filed this lawsuit in the U.S. District Court in the Southern District of New York. The plaintiff sued the New York City Housing Authority ("NYCHA") under the U.S. Housing Act of 1937 (42 U.S.C. § 1437d(j)(3)), the federal Anti-Fraud Injunction Act (18 U.S.C. § 1345), and the Toxic Substances Control Act (15 U.S.C. § 2616(a)(1)). The government sought injunctive relief, appointment of a monitor, and equitable relief. The plaintiff claimed that NYCHA violated the basic health and safety regulations of the U.S. Department of Housing and Urban Development (HUD) and repeatedly engaged in deceptive practices. Specifically, they claimed that NYCHA failed to protect the residents from lead paint, failed to provide "decent, safe, and sanitary" housing per HUD's regulations, falsely said that they comply with HUD's regulations by disguising the true conditions of its properties, provided inadequate heat to the homes, and did not fix leaks, peeling paint, and other deteriorations. The plaintiff also claimed that NYCHA's typical response to external inquiries is to cover up or minimize problems that it knows to exist and make false statements to HUD and the public. The case was assigned to Judge William H. Pauley III.

In addition to filing the complaint on June 11, 2018, the plaintiff also submitted a proposed consent decree calling for a non-judicial monitor, and among other injunctive and monetary agreements:

(1) a requirement that NYCHA comply with federal, state, and local lead paint statutes and regulations;

(2) a requirement that NYCHA comply with federal regulations requiring HUD housing to be decent, safe, sanitary, and in good repair;

(3) injunctive relief requiring NYCHA to establish a Compliance Department, Environmental Health and Safety Department, and Quality Assurance Unit in consultation with the monitor; and

(4) injunctive relief requiring NYCHA to comply with federal regulations and rules relating to lead-safe work practices, lead abatement, lead paint disclosure and notification, and prioritization of lead paint hazards.

On November 14, 2018, Judge Pauley III denied the consent decree for not being fair, reasonable, or consistent with the public interest. He also claimed that it had fatal procedural flaws, including unrealistic enforcement mechanisms. 347 F.Supp.3d 182.

On January 31, 2019 the parties signed an agreement that called for the appointment of a non-judicial monitor. The agreement provided that within 14 days of appointment of the monitor, the plaintiff would voluntary dismiss the claims without prejudice. The parties also filed a joint motion to stay the proceedings for forty-five days in order to allow them to obtain a monitor to satisfy the condition precedent to dismissal under the parties’ agreement. On February 1, 2019, Judge Pauley III approved this motion.

On March 14, 2019 the plaintiff filed a notice of voluntary dismissal without prejudice, and the court ordered the case be dismissed without prejudice on March 15, 2019 because the parties had appointed a monitor on February 28, 2019 and finalized a settlement agreement. The defendant agreed to remedy the deficient conditions in NYCHA properties, comply with all obligations under federal law, reform its management structure, and coordinate with HUD and the City.

The settlement required installing a monitor to oversee development, issuing quarterly reports, convening with a community engagement committee, and changing the leadership (CEO) for NYCHA. Additionally, NYCHA was required to meet specified compliance requirements for lead paint and other health and safety issues, establish a compliance department, environmental health and safety department, a quality insurance unit, submit to inspections, and update all systems related to heat, elevators, trash, pests, and other disruptions. The monitor, HUD, EPA, and the U.S. Attorney’s Office all held certain oversight roles under the agreement.

At any time five years from the effective settlement date (March 15, 2019), either party can move to terminate the agreement and it will be terminated if the defendants have satisfied the specified criteria, which includes with compliance with obligations outlined in settlement for the twelve months prior to requesting termination and complying with all applicable laws. Regarding costs, the settlement required the City to bear the costs of the monitor, consultant, and all updates necessary. The City agreed to commit at least $2.2 billion in funding in the next 10 years to address issues with the NYCHA buildings. If the defendant fails to comply with the agreement, HUD, EPA, or the United States may enforce the agreement by seeking injunctive relief or an order of specific performance. The court agreed to retain jurisdiction over the settlement until termination of the agreement. As of May 29, 2020, there was no additional activity on this case. The settlement agreement is ongoing.

Summary Authors

Lisa Koo (2/18/2019)

Emma Himes (10/24/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7112320/parties/united-states-v-new-york-city-housing-authority/


Judge(s)

Pauley, William H. III (New York)

Attorneys(s) for Plaintiff

Berman, Geoffrey S. (New York)

Folch, Monica Pilar (New York)

Kraemer, Talia (New York)

Lillywhite, Jacob Thomas (New York)

Mohan, Sharanya (New York)

Oestericher, Jeffrey Stuart (New York)

Yalen, Robert William (New York)

Attorneys(s) for Defendant

Adegbile, Debo Patrick (New York)

Carter, Zachary W. (New York)

Judge(s)

Pauley, William H. III (New York)

Attorneys(s) for Plaintiff

Berman, Geoffrey S. (New York)

Folch, Monica Pilar (New York)

Kraemer, Talia (New York)

Lillywhite, Jacob Thomas (New York)

Mohan, Sharanya (New York)

Oestericher, Jeffrey Stuart (New York)

Yalen, Robert William (New York)

Attorneys(s) for Defendant

Adegbile, Debo Patrick (New York)

Carter, Zachary W. (New York)

Sanghvi, Saurabh (District of Columbia)

Schoenfeld, Alan E. (New York)

Documents in the Clearinghouse

Document

1:18-cv-05213

Docket

May 3, 2019

May 3, 2019

Docket
1

1:18-cv-05213

Complaint

June 11, 2018

June 11, 2018

Complaint
5-1

1:18-cv-05213

Consent Decree

June 11, 2018

June 11, 2018

Settlement Agreement
64

1:18-cv-05213

Opinion and Order

Nov. 14, 2018

Nov. 14, 2018

Order/Opinion
74

1:18-cv-05213

Memo Endorsement

Feb. 1, 2019

Feb. 1, 2019

Pleading / Motion / Brief
75

1:18-cv-05213

Notice of Dismissal Without Prejudice Pursuant to Rule 41(a)(1)(A)(i)

March 14, 2019

March 14, 2019

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7112320/united-states-v-new-york-city-housing-authority/

Last updated Sept. 6, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against New York City Housing Authority. Document filed by United States of America.(Yalen, Robert) Modified on 6/12/2018 (pne). (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

RECAP
2

CIVIL COVER SHEET filed. (Yalen, Robert) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
3

STATEMENT OF RELATEDNESS re: that this action be filed as related to 13 Civ. 8916 (WHP). Document filed by United States of America.(Yalen, Robert) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
4

STATEMENT OF RELATEDNESS re: that this action be filed as related to 17 Civ. 7481 (WHP). Document filed by United States of America.(Yalen, Robert) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

RECAP
5

SETTLEMENT AGREEMENT . Document filed by United States of America. (Attachments: # 1 Attachment A - Proposed Consent Decree)(Yalen, Robert) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
6

NOTICE OF APPEARANCE by Monica Pilar Folch on behalf of United States of America. (Folch, Monica) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
7

NOTICE OF APPEARANCE by Jacob Thomas Lillywhite on behalf of United States of America. (Lillywhite, Jacob) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
8

NOTICE OF APPEARANCE by Talia Kraemer on behalf of United States of America. (Kraemer, Talia) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
9

NOTICE OF APPEARANCE by Monica Pilar Folch on behalf of United States of America. (Folch, Monica) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
10

NOTICE OF APPEARANCE by Sharanya Mohan on behalf of United States of America. (Mohan, Sharanya) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
11

COMPLAINT against New York City Housing Authority. Document filed by United States of America.(Berman, Geoffrey) (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

RECAP
22

LETTER addressed to Judge William H. Pauley, III from Daniel Barber dated 6/12/2018 re: opposition of the Consent Decree in this matter. Document filed by City-Wide Council of Presidents, Inc. (jwh) (Entered: 06/27/2018)

June 12, 2018

June 12, 2018

PACER

Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (wb)

June 12, 2018

June 12, 2018

PACER

NOTICE OF CASE REASSIGNMENT to Judge William H. Pauley, III. Judge Unassigned is no longer assigned to the case. (wb)

June 12, 2018

June 12, 2018

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Robert William Yalen to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason: the pleading was not signed by the filing attorney. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)

June 12, 2018

June 12, 2018

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne)

June 12, 2018

June 12, 2018

PACER

CASE REFERRED TO Judge William H. Pauley as possibly related to 13CV8916 and 17CV7481. (pne)

June 12, 2018

June 12, 2018

PACER

CASE ACCEPTED AS RELATED. Create association to 1:17-cv-07481-WHP. Notice of Assignment to follow. (wb)

June 12, 2018

June 12, 2018

PACER

Case Designated ECF. (pne)

June 12, 2018

June 12, 2018

PACER
12

NOTICE OF APPEARANCE by Alan Schoenfeld on behalf of New York City Housing Authority. (Schoenfeld, Alan) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
13

NOTICE OF APPEARANCE by Debo Patrick Adegbile on behalf of New York City Housing Authority. (Adegbile, Debo) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
14

REQUEST TO PARTICIPATE of City-Wide Council of Presidents, Inc. Pre-Motion Letter. Document filed by City-Wide Council of Presidents, Inc..(Gueron, Nicole) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
15

NOTICE OF APPEARANCE by Nicole L. Gueron on behalf of City-Wide Council of Presidents, Inc., At-Risk Community Services, Inc.. (Gueron, Nicole) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
16

NOTICE OF APPEARANCE by Melissa Costiere Holsinger on behalf of At-Risk Community Services, Inc., City-Wide Council of Presidents, Inc.. (Holsinger, Melissa) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
17

NOTICE OF APPEARANCE by Emily Reisbaum on behalf of At-Risk Community Services, Inc., City-Wide Council of Presidents, Inc.. (Reisbaum, Emily) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
18

LETTER addressed to Judge William H. Pauley, III from Robert William Yalen dated June 26, 2018 re: Pre-Motion Letter re Intervention. Document filed by United States of America.(Yalen, Robert) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
19

NOTICE OF APPEARANCE by Georgia Mary Pestana on behalf of City of New York. (Pestana, Georgia) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
20

LETTER addressed to Judge William H. Pauley, III from Debo P. Adegbile dated June 26, 2018 re: Response to June 19, 2018 Letter. Document filed by New York City Housing Authority.(Adegbile, Debo) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
21

LETTER addressed to Judge William H. Pauley, III from Georgia M. Pestana dated 06/26/2018 re: Response to letter Dkt #14. Document filed by City of New York.(Pestana, Georgia) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
23

SCHEDULING ORDER: Counsel for the parties are directed to appear in Courtroom 20B at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York on July 10, 2018 at 10:00 a.m. for a status conference to discuss procedures for a fairness hearing in connection with the proposed consent decree in this action and to discuss the ramifications of the proposed consent decree filed in Baez et al. v. New York City Housing Authority, 13cv8916 (S.D.N.Y.). (See ECF Nos. 166 & 172, 13cv8916.) The parties are invited to submit letter memoranda addressing these issues by 12:00 p.m. on July 9, 2018. Counsel for the proposed intervenors, City-Wide Council of Presidents, Inc. and the At-Risk Community Services, Inc., are also directed to appear at the conference to discuss their proposed motion to intervene. (Status Conference set for 7/10/2018 at 10:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 6/28/2018) (jwh) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
24

NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of United States of America. (Oestericher, Jeffrey) (Entered: 07/08/2018)

July 8, 2018

July 8, 2018

PACER
25

LETTER addressed to Judge William H. Pauley, III from Georgia M Pestana dated July 9, 2018 re: proposed consent decree. Document filed by City of New York.(Pestana, Georgia) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
26

LETTER from Debo P. Adegbile dated July 9, 2018 re: Proposed Consent Decree. Document filed by New York City Housing Authority.(Adegbile, Debo) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
27

LETTER addressed to Judge William H. Pauley, III from Robert William Yalen dated July 9, 2018 re: Scheduling Order. Document filed by United States of America.(Yalen, Robert) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
28

SCHEDULING ORDER: The parties in the above-captioned cases (the "Parties"), interested party The City of New York (the "City"), and proposed intervenors City-Wide Council of Presidents, Inc. and At-Risk Community Services, Inc. (the "Proposed Intervenors") having appeared for a status conference and pre-motion conference in the above-captioned matters on July 10, 2018, this Court enters the following schedule on consent: (1) The Parties shall confer and agree on a form of notice to any interested parties, a cost-effective method for providing notice to interested parties, and a proposal for soliciting and aggregating public comments for approval by this Court no later than July 17, 2018, after which this Court will enter a further implementing order governing the procedures for the hearing; (2) The Parties shall provide notice to any interested parties by July 24, 2018; (3) Any public comments must be in writing and received by August 21, 2018; (4) The Proposed Intervenors shall file their motion to intervene by August 10, 2018, which shall include a brief of no more than 30 pages; (5) The United States, NYCHA, and the City shall file one consolidated opposition brief of no more than 30 pages by August 24, 2018; (6) The Proposed Intervenors shall file a reply brief of no more than 15 pages by August 31, 2018; (7) This Court will resolve the motion to intervene on submission; (8) The Parties shall file any motion for approval of their respective settlements by August 31, 2018; (9) Any opposition papers shall be filed by September 17, 2018; (10) Any reply papers shall be filed by September 21, 2018; and (11) The Parties and any interested party that has submitted a public comment in writing shall be heard on September 26, 2018 at 9:30 a.m. (Motions due by 8/31/2018. Responses due by 9/17/2018 Replies due by 9/21/2018. Fairness Hearing set for 9/26/2018 at 09:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 7/13/2018) (jwh) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
29

LETTER addressed to Judge William H. Pauley, III from Robert William Yalen dated July 17, 2018 re: Settlement Notices. Document filed by United States of America. (Attachments: # 1 Proposed Notice)(Yalen, Robert) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
30

LETTER addressed to Judge William H. Pauley, III from Nicole Gueron dated July 18, 2018 re: United States v. New York City Housing Authority, No. 18 Civ. 5213 (WHP). Document filed by At-Risk Community Services, Inc., City-Wide Council of Presidents, Inc..(Gueron, Nicole) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
31

MEMO ENDORSEMENT: on re: 29 Letter filed by United States of America. ENDORSEMENT: Application granted in part. This Court adopts the procedures set forth in paragraphs 1, 2, 3, 4, and 6. This Court further approves the form of notice except as to the section titled "Right to Comment," which shall be amended in accord with the Order Regarding Public Comment on the Proposed Settlements that is being issued simultaneously with this endorsement. The Order shall also accompany the parties' notice to be provided in accord with the procedures set forth in paragraphs 1-4. SO ORDERED. (Signed by Judge William H. Pauley, III on 7/18/2018) (ama) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
32

ORDER REGARDING PUBLIC COMMENT ON THE PROPOSED SETTLEMENTS: The parties in the cases captioned Baez, et al. v. NYCHA and United States v. NYCHA (the "Parties") each seek judicial approval of the proposed settlements submitted in those cases. The parties request that this Court solicit public comment through which interested individuals or organizations may address the proposed settlements. To assist in determining whether either or both of the proposed settlements should be approved, this Court will solicit input from interested members of the public through written comments and participation in a public hearing to be held in Courtroom 9C at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York at 9:30 a.m. on September 26, 2018. Accordingly, this Court adopts the following procedures that must be adhered to by any individual or organization wishing to provide written comments or to be heard at the public hearing. Letters must be received by August 21, 2018 to be considered. And as set forth herein. SO ORDERED., ( Status Conference set for 9/26/2018 at 09:30 AM in Courtroom 9C, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 7/18/2018) (ama) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
33

MEMO ENDORSEMENT: on re: 30 Letter, filed by City-Wide Council of Presidents, Inc., At-Risk Community Services, Inc. ENDORSEMENT: While this Court appreciates the proposed intervenors' concerns, their request is denied at this time. SO ORDERED. (Signed by Judge William H. Pauley, III on 7/18/2018) (ama) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
34

MOTION to Intervene . Document filed by At-Risk Community Services, Inc., City-Wide Council of Presidents, Inc..(Holsinger, Melissa) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

RECAP
35

MEMORANDUM OF LAW in Support re: 34 MOTION to Intervene . . Document filed by At-Risk Community Services, Inc., City-Wide Council of Presidents, Inc.. (Holsinger, Melissa) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

RECAP
36

DECLARATION of Daniel Barber in Support re: 34 MOTION to Intervene .. Document filed by At-Risk Community Services, Inc., City-Wide Council of Presidents, Inc.. (Holsinger, Melissa) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
37

DECLARATION of Eliezer Hecht in Support re: 34 MOTION to Intervene .. Document filed by At-Risk Community Services, Inc., City-Wide Council of Presidents, Inc.. (Attachments: # 1 Exhibit Tenants' Petition, # 2 Exhibit Department of Investigation Report, # 3 Exhibit July 24, 2018 Letter, # 4 Exhibit Preliminary Injunction Order, # 5 Exhibit May 30, 2018 Email, # 6 Exhibit June 1, 2018 Email)(Holsinger, Melissa) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
38

MEMORANDUM OF LAW in Opposition re: 34 MOTION to Intervene . Consolidated Opposition of the United States, NYCHA, and the City of New York to the Motion to Intervene. Document filed by United States of America. (Yalen, Robert) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
39

LETTER MOTION for Leave to File Excess Pages addressed to Judge William H. Pauley, III from Robert William Yalen dated 8/29/2018. Document filed by United States of America.(Yalen, Robert) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
40

ORDER granting 39 Letter Motion for Leave to File Excess Pages: Application granted. (Signed by Judge William H. Pauley, III on 8/30/2018) (jwh) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER
41

LETTER addressed to Judge William H. Pauley, III from Sharanya Mohan dated August 31, 2018 re: Public Comments. Document filed by United States of America. (Attachments: # 1 Index of Public Comments, # 2 Comments pp. 1-157, # 3 Comments pp. 158-299, # 4 Comments pp. 300-451, # 5 Comments pp. 452-619, # 6 Comments pp. 620-781, # 7 Comments pp. 782-899, # 8 Comments pp. 900-1124, # 9 Comments pp. 1125-1351, # 10 Comments pp. 1352-1575, # 11 Comments pp. 1576-1800, # 12 Comments pp. 1801-2022, # 13 Comments pp. 2023-2249, # 14 Comments pp. 2250-2473, # 15 Comments pp. 2474-2602, # 16 Comments pp. 2603-2687)(Mohan, Sharanya) (Entered: 08/31/2018)

1

View on RECAP

2

View on RECAP

Aug. 31, 2018

Aug. 31, 2018

RECAP
42

FIRST REPLY MEMORANDUM OF LAW in Support re: 34 MOTION to Intervene . . Document filed by At-Risk Community Services, Inc., City-Wide Council of Presidents, Inc.. (Gueron, Nicole) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
43

MOTION to Approve Consent Judgment . Document filed by United States of America.(Yalen, Robert) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
44

MEMORANDUM OF LAW in Support re: 43 MOTION to Approve Consent Judgment . . Document filed by United States of America. (Yalen, Robert) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
45

DECLARATION of Monica P. Folch in Support re: 43 MOTION to Approve Consent Judgment .. Document filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Yalen, Robert) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
46

MEMORANDUM OF LAW in Support re: 43 MOTION to Approve Consent Judgment . . Document filed by New York City Housing Authority. (Adegbile, Debo) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
47

MEMORANDUM OF LAW in Support re: 43 MOTION to Approve Consent Judgment . . Document filed by City of New York. (Pestana, Georgia) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
48

LETTER addressed to Judge William H. Pauley, III from Nicole Gueron dated September 4, 2018 re: documents filed in connection with motion to intervene. Document filed by At-Risk Community Services, Inc., City-Wide Council of Presidents, Inc..(Gueron, Nicole) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

RECAP
49

OPINION & ORDER re: 34 MOTION to Intervene: For the foregoing reasons, CCOP and At-Risk's motion is granted in part. Intervention is granted solely for the limited purpose of opposing the Proposed Consent Decree and as otherwise limited by this Opinion & Order. This Court may, in its discretion, revise the scope of this limited intervention as this action unfolds. Any opposition papers by CCOP and At-Risk shall be filed by September 21, 2018, and any reply papers shall be filed by September 24, 2018. Paragraphs 9 and 10 of this Court's July 13, 2018 Scheduling Order are vacated. The Clerk of Court is directed to terminate the motion pending at ECF No. 34. (Set Deadlines/Hearing as to 43 MOTION to Approve Consent Judgment: Responses due by 9/21/2018, Replies due by 9/24/2018.) (Signed by Judge William H. Pauley, III on 9/13/2018) (jwh) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

RECAP
50

LETTER addressed to Judge William H. Pauley, III from Sharanya Mohan dated September 14, 2018 re: Additional Public Comments. Document filed by United States of America. (Attachments: # 1 Supplemental Index of Public Comments, # 2 Comments pp. 2688-2725)(Mohan, Sharanya) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
51

MOTION for Saurabh Sanghvi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15597707. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by New York City Housing Authority. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing - NY, # 3 Certificate of Good Standing - DC, # 4 Text of Proposed Order)(Sanghvi, Saurabh) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
52

ORDER FOR ADMISSION PRO HAC VICE granting 51 Motion for Saurabh Sanghvi to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 9/21/2018) (jca) (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

PACER
53

MEMORANDUM OF LAW in Opposition re: 43 MOTION to Approve Consent Judgment . . Document filed by At-Risk Community Services, Inc., City-Wide Council of Presidents, Inc.. (Holsinger, Melissa) (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

PACER
54

ORDER REGARDING PROCEDURES FOR THE SEPTEMBER 26, 2018 HEARING: A public hearing on those settlements will be held in Courtroom 9C at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York at 9:30 a.m. on September 26, 2018. This Court adopts the following procedures that shall be adhered to by the parties and members of the public. Agenda: This Court will hear first from individuals and organizations who have submitted written comments and requested an opportunity to be heard. These individuals and organizations will be heard in the order in which this Court calls them to the podium, with more detailed instructions to be provided at the check-in area. All speakers shall first state their full name and if applicable, the organization with which they are affiliated or the NYCHA development in which they reside. To ensure that all may be heard, speakers will be limited to two (2) minutes each; and as further set forth herein. SO ORDERED. (Signed by Judge William H. Pauley, III on 9/21/2018) (anc) Modified on 1/30/2019 (anc). (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 51 MOTION for Saurabh Sanghvi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15597707. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Sept. 21, 2018

Sept. 21, 2018

PACER
55

REPLY MEMORANDUM OF LAW in Support re: 43 MOTION to Approve Consent Judgment . (Reply Memorandum of Law in Support of Motion to Enter the Consent Decree). Document filed by New York City Housing Authority. (Adegbile, Debo) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

PACER
56

REPLY MEMORANDUM OF LAW in Support re: 43 MOTION to Approve Consent Judgment . and In Reply to Docket #53. Document filed by City of New York. (Pestana, Georgia) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

PACER
57

REPLY MEMORANDUM OF LAW in Support re: 43 MOTION to Approve Consent Judgment . . Document filed by United States of America. (Yalen, Robert) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

PACER
58

LETTER addressed to Judge William H. Pauley, III from Sharanya Mohan dated September 25, 2018 re: Additional Public Comments. Document filed by United States of America. (Attachments: # 1 Supplemental Index of Public Comments, # 2 Comments pp. 2726-2740, # 3 Comments pp. 2741-2757, # 4 Comments pp. 2758-2776)(Mohan, Sharanya) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

PACER
59

LETTER addressed to Judge William H. Pauley, III from Robert Yalen dated 9/25/2018 re: Motion to Enter. Document filed by United States of America.(Yalen, Robert) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

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Minute Entry for proceedings held before Judge William H. Pauley, III: Fairness Hearing held on 9/26/2018.

Sept. 26, 2018

Sept. 26, 2018

PACER
61

NOTICE OF APPEARANCE by Mark W. Muschenheim on behalf of City of New York. (Muschenheim, Mark) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

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62

LETTER addressed to Judge William H. Pauley, III from Sharanya Mohan dated October 11, 2018 re: Additional Public Comments. Document filed by United States of America. (Attachments: # 1 Supplemental Index of Public Comments, # 2 Comments pp. 2777-2801)(Mohan, Sharanya) (Entered: 10/11/2018)

1 Supplemental Index of Public Comments

View on PACER

2 Comments pp. 2777-2801

View on PACER

Oct. 11, 2018

Oct. 11, 2018

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63

LETTER addressed to Judge William H. Pauley, III from Dionne Boyd dated Undated re: Thank you. I hope this Thank you care finds you well. I have moved into my new apartment Oct 14th I am truly grateful thank you so much...for being so thoughtful. (jca) (Entered: 11/14/2018)

Nov. 13, 2018

Nov. 13, 2018

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64

OPINION AND ORDER: This Court does not reject the Proposed Consent Decree lightly. The rejection of this decree will likely delay sorely needed relief for NYCHA tenants while the parties decide whether to re-negotiate, seek administrative remedies, litigate, or appeal, and a courts refusal to accept a proposed consent decree may have practical consequences for the governments ability to negotiate future settlements. Microsoft Corp., 56 F.3d at 1456. But as it stands, the proposed decree suffers from fatal procedural flaws, including its formless injunctive relief and enforcement mechanisms. The proposed decree also raises serious concerns implicating the separation of powers and the delegation of equitable judicial power, which appear attributable at least in part to the parties sidestepping of the existing statutory scheme to address public housing failures. And on a more basic level, the nature of the claims asserted by the Government raises questions as to the scope and applicability of Citigroup. Any judicial decree entered in this action will have a direct, tangible, and long-lasting impact not only on the parties, but most importantly on NYCHAs tenants. Because the Proposed Consent Decree is not fair and reasonable, and because its entry would disserve the public interest, the Governments motion for approval is denied. The parties are directed to submit a joint status report by December 14, 2018 detailing their respective positions on how they wish to proceed. That status report should also advise this Court regarding NYCHAs compliance to date with its obligations under paragraphs 67-70 of the Proposed Consent Decree. The Clerk of Court is directed to terminate the motion pending at ECF No. 43. SO ORDERED. (Signed by Judge William H. Pauley, III on 11/14/2018) (jca) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

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65

TRANSCRIPT of Proceedings re: CORRECTED TRANSCRIPT held on 9/26/2018 before Judge William H. Pauley, III. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/28/2018. Redacted Transcript Deadline set for 1/7/2019. Release of Transcript Restriction set for 3/7/2019.(McGuirk, Kelly) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
66

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE CORRECTED proceeding held on 9/26/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
67

STATUS REPORT. (Joint) Document filed by New York City Housing Authority. (Attachments: # 1 Exhibit 1- EPA Pamphlet)(Adegbile, Debo) (Entered: 12/14/2018)

1 Exhibit 1- EPA Pamphlet

View on PACER

Dec. 14, 2018

Dec. 14, 2018

PACER
68

LETTER addressed to Judge William H. Pauley, III from EAST BROOKLYN CONGREGATIONS - an Affiliate of the Industrial Areas Foundation dated 12/12/2018 re: Public Comment on the Case. (jwh) (Entered: 12/17/2018)

Dec. 14, 2018

Dec. 14, 2018

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69

STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (jca) (Entered: 01/02/2019)

Dec. 27, 2018

Dec. 27, 2018

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Case Stayed

Dec. 27, 2018

Dec. 27, 2018

PACER

Case Stayed (jca)

Dec. 27, 2018

Dec. 27, 2018

PACER
70

LETTER addressed to Mr. Stanley Brezenoff from Benjamin S. Carson, Sr., M.D. Secretary dated 12/14/2018 re: Please be advised that If an arrangement acceptable to the United States Department of Housing and Urban Development regarding the future of the New York City Housing Authority (NYCHA) is not reached on or before January 31, 2019, I Intend to declare a substantial default with respect to NYCHA and exercise appropriate remedies from the wide range available under the United States Housing Act of 1937, as amended, and other legal authorities. (rjm) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

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71

MEMORANDUM AND ORDER. Though the public interests at stake are of paramount importance, a federal court that is neither democratically accountable nor an advocate for either side may only "adjudicate specific controversies between adverse litigants over which and over whom they have jurisdiction." Cty. Court of Ulster Cty. v. Allen, 442 U.S. 140, 154 (1979). Accordingly, the parties should be prepared to advise this Court how they intend to litigate this case. So ordered. (Signed by Judge William H. Pauley, III on 1/18/2019) (rjm) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

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72

LETTER addressed to Judge William H. Pauley, III from T. Komatsu, dated 1/28/19 re: Plaintiffs writes that, for these reasons(as indicated) as well as those which he has discussed at length in his letter to the Court dated 9/24/18, he urges Judge Pauley to make arrangements with Judge Schofield to diligently review the affidavit which he filed in his federal lawsuit on 1/23/19 along with its supporting affidavits mainly for the purpose of making a better-informed decision as to whether he can reasonably entrust the safety and well-being of tenants in NYCHA housing to the Mayor's administration. (sc) Modified on 1/29/2019 (sc). (Entered: 01/29/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
73

STATUS REPORT. Joint Status Report Document filed by United States of America.(Yalen, Robert) (Entered: 01/31/2019)

Jan. 31, 2019

Jan. 31, 2019

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74

MEMO ENDORSEMENT on 73 STATUS REPORT. ENDORSEMENT: Application granted. This action is stayed as set forth herein. (Signed by Judge William H. Pauley, III on 2/1/2019) (jwh) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

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75

NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) New York City Housing Authority. Document filed by United States of America. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Attachments: # 1 Exhibit Agreement)(Yalen, Robert) (Entered: 03/14/2019)

1 Exhibit Agreement

View on PACER

March 14, 2019

March 14, 2019

PACER
76

NOTICE OF DISMISSAL WITHOUT PREJUDICE PURSUANT TO RULE 41(a)(1)(A)(i): NOW, THEREFORE, PLEASE TAKE NOTICE that pursuant to Rule 41(a)(1)(A)(i): The United States hereby dismisses the complaint in this action without prejudice. The Clerk of Court is directed to mark this case as closed. SO ORDERED. (Signed by Judge William H. Pauley, III on 3/15/2019) (ne) (Entered: 03/15/2019)

March 15, 2019

March 15, 2019

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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 75 Notice of Voluntary Dismissal was reviewed and referred to Judge William H. Pauley, III for approval for the following reason(s): Settlement agreement attached. (km)

March 15, 2019

March 15, 2019

PACER

Terminate Transcript Deadlines (ne)

March 15, 2019

March 15, 2019

PACER

Notice to Court Regarding Voluntary Dismissal

March 15, 2019

March 15, 2019

PACER
77

LETTER addressed to Judge William H. Pauley, III from Debo P. Adegbile dated May 3, 2019 re: Inadvertent Error in Status Report. Document filed by New York City Housing Authority.(Adegbile, Debo) (Entered: 05/03/2019)

May 3, 2019

May 3, 2019

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80

***STRICKEN DOCUMENT. Document number 80 has been stricken from the case record. The document was stricken from this case pursuant to 81 Order . LETTER addressed to Judge William H. Pauley, III from T. Komatsu dated 11/20/20 re: While the New York City public schools are presently closed because of the ongoing Coronavirus pandemic, I am taking this opportunity to school you pursuant to findings in accordance with findings in Barboza v. D'Agata 151 F Supp 3d 363(S.D.N.Y. 2015) about relevant matters. Are you aware of any or all of the following material facts which apply to this case and all other litigation that I have commenced to which you are assigned? Barboza v. D'Agata confirms that criticism which may include views that some may regard as crude and offensive, and at the same time that others may embrace and appreciate it that I express against the government personnel in the context of reporting complaints about government action is protected expression etc. Document filed by Towaki Komatsu.(sc) Modified on 12/1/2020 (cf). (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
81

ORDER: The Clerk of Court is directed to strike the letter dated November 20, 2020 (ECF No. 80) from the docket. (Signed by Judge William H. Pauley, III on 11/24/2020) (cf) (Entered: 11/25/2020)

Nov. 24, 2020

Nov. 24, 2020

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Case Details

State / Territory: New York

Case Type(s):

Public Housing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 11, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

U.S. government (Attorney General of the Southern District of New York).

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York City Housing Authority (New York, New York), None

Defendant Type(s):

Housing Authority

Case Details

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Order Duration: 2019 - None

Content of Injunction:

Monitoring

Issues

General:

Buildings

Housing

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Sanitation / living conditions

Type of Facility:

Government-run