Nyack, NY – Nine Orthodox Hasidic families have filed a lawsuit against the Nyack Housing Authority in Rockland County Supreme Court, arguing that the agency improperly allowed their Section 8 housing voucher eligibility to expire or threatened to let it expire while they searched for apartments large enough to accommodate their families. The families had qualified for federal Housing Choice Vouchers and were searching for four- and five-bedroom rental units. According to the court filing, they were required to locate housing within the area accepted by the Nyack Housing Authority and within rental limits established under the federal program. The families contend that finding qualifying large apartments in Nyack proved extremely difficult because suitable units were either unavailable or priced above what their vouchers would cover.
The federal Housing Choice Voucher program, commonly known as Section 8, provides rental assistance to qualifying low-income households. Participants generally locate housing in the private rental market, with the voucher paying a portion of the rent. Local public housing agencies administer the program under federal rules established by the U.S. Department of Housing and Urban Development.
According to the families, the initial period provided to find suitable housing was 60 days. Their lawsuit argues that the Nyack Housing Authority’s administrative plan contains provisions allowing extensions, including additional consideration for families seeking apartments with four or more bedrooms. The plaintiffs are asking the court to require the authority to extend their eligibility, including reinstating vouchers that have already expired.
The families claim their searches produced few realistic options. Two large units they located in Nyack reportedly had monthly rents of approximately $4,300 and $4,500, amounts that exceeded what their vouchers would cover. The plaintiffs said other available large apartments were even more expensive, while searches through major real estate websites did not produce qualifying alternatives.
Attorney Steven Yurowitz, who represents the families, argues that the housing authority did not provide extensions and assistance available under its administrative policies. The plaintiffs say those policies allow voucher search periods to be extended for as long as 180 days under certain circumstances. They also contend that the authority should have provided additional assistance in locating landlords willing to participate in the program.
Another issue raised in the case involves where voucher holders are permitted to search for housing. The plaintiffs say the Nyack Housing Authority limited their searches to ZIP code 10960. Their attorney argues that the authority’s administrative plan identifies Rockland County as its operating area and that the families should therefore be permitted to search for qualifying housing elsewhere in the county. The lawsuit also raises questions about whether federal voucher portability rules could allow families to use their assistance outside the authority’s immediate jurisdiction.
The families’ attorney has additionally argued that the housing authority has options under federal rules to adjust payment standards in some circumstances to increase access to housing. The plaintiffs contend that such measures could help address the shortage of affordable four- and five-bedroom rentals available to large families.
Although all nine families involved in the case are Orthodox Hasidic families, the lawsuit itself does not allege religious discrimination. Correspondence from their attorney, however, referenced provisions in the housing authority’s administrative plan prohibiting discrimination based on religion and familial status. The attorney argues that the practical effect of the current policies left the families searching within an area where they could not find adequately sized housing within the program’s financial limits.
The distinction is significant because family size itself is not generally treated as a protected category under the housing discrimination laws cited in the dispute. Courts have distinguished claims based specifically on family size from cases in which there is evidence that a housing policy discriminates on the basis of religion or another legally protected characteristic. No determination that religious discrimination occurred has been made in this case.
The families are seeking a court order preventing additional voucher eligibility from expiring and restoring eligibility that has already expired. According to the lawsuit, families who lose their eligibility could be required to apply again and return to a waiting list, potentially adding years before another voucher becomes available.
A Rockland County Supreme Court judge signed an order to show cause and scheduled a hearing for Thursday, September 10, giving the Nyack Housing Authority an opportunity to respond to the requested relief. The housing authority is represented by attorney Keith Braunfotel of Braunfotel & Frendel LLC. The court has not yet determined whether the families’ claims have merit.