Federal Court Rules Thousands of New Yorkers Eligible for Food Stamps

Judge William H. Pauley of the United States District Court for the Southern District of New York issued a ruling late yesterday finding thousands of poor New York families eligible for transitional food stamp benefits known as “Transitional Benefits Alternative” (TBA). The ruling will ensure that impoverished New Yorkers will be able to feed their families while making the difficult transition from welfare to work.

The New York Legal Assistance Group (NYLAG) brought this case, Walker v. Eggleston, in 2004 as a class action against the City of New York’s Human Resources Administration (HRA) and the New York State Office of Temporary and Disability Assistance (OTDA). The case challenges the failure to provide TBA to families who leave cash assistance when HRA places the parents in jobs through the New York City Parks Opportunity Program (POP) at the Parks and Recreation Department. Since 2001, HRA has placed several thousand families into the six-month POP program, where participants earn $7.50 an hour.

TBA is a federal program that allows states to provide a higher, stable amount of food stamps to families who are transitioning from welfare to work. HRA and OTDA claimed that, for technical reasons, families whom HRA placed into the POP program were ineligible for TBA. At the same time, HRA has been providing TBA to other families who leave cash assistance because of employment earnings.

The City’s restrictions caused plaintiffs severe hardship. For example, when the City placed lead plaintiff Tanya Walker in a Parks Department position, HRA reduced her food stamps from $256 to $94 a month – a $162 per month reduction. Due to the reduction in her benefits and her increased expenses related to her work activity, Ms. Walker struggled to support herself and her daughter while participating in POP. She did not have money to buy enough food and frequently had to ask her friends to borrow food. Having diverted her limited income towards food, Ms. Walker did not have money left over to purchase other basic items, such as warm clothing for her daughter.

In the ruling, Judge Pauley denied the defendants’ motions to dismiss, holding that the plaintiffs are in fact eligible for TBA.

“This is a great victory for thousands of impoverished families who are trying to make the transition from welfare to work,” said NYLAG attorney Jennifer Werdell. “The additional food stamp benefits provided by TBA will help ensure that families working for the Parks Department have access to adequate food while trying to make ends meet in a low-wage job.”

About NYLAG
Founded in 1990, the New York Legal Assistance Group (NYLAG) is a not-for-profit law office providing free civil legal services to low income New Yorkers. A full service agency, NYLAG provides consultation, representation and advocacy. Last year, NYLAG handled 36,619 cases and impacted additional thousands through successful impact litigation and community legal education. For more information on NYLAG, go to www.nylag.org.