A state appeals court has declined to grant a stay that would have prevented New York City from cutting off rental subsidies to about 8,000 formerly homeless families while it considers an appeal filed by the tenants. Steven Banks, attorney-in-chief of the Legal Aid Society, which represents the tenants, said that participants in the Advantage program received their last checks in January and now stand in peril of imminent eviction.
Manhattan Justice Judith Gische (See Profile) decided last year that the city was within its rights to end the Advantage program after federal and state funding expired. On Feb. 16, a panel of the Appellate Division, First Department, heard oral arguments in a challenge by Legal Aid to that decision. On the same day, however, the court denied a request in Zheng v. City of New York, M-595, for a preliminary appellate injunction that would have prevented the city from cutting off the funds pending the court’s decision. Joining the 4-1 majority to deny the stay were Justices Luis A. Gonzalez (See Profile), John W. Sweeny Jr. (See Profile), Dianne T. Renwick (See Profile) and Rosalyn H. Richter (See Profile). Justice Karla Moskowitz (See Profile) dissented.
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