Justice Lucy Billings
Petitioner Cruz, a public assistance recipient, argued that respondent Commissioner of the New York City Human Resources Administration’s (HRA) requirement that he appear for mandatory work activity appointments that conflict with his known unsubsidized work schedule contravenes the aim of Social Services Law (SSL) §331 to assist him in achieving economic independence. Cruz also claimed the HRA implemented a system known as autoposting that automatically issues Notices of Decision to reduce or discontinue a recipient’s public assistance without first reviewing the case record in violation of 18 N.Y.C.R.R. §385-4.1 and constitutional due process. The court held that HRA’s failure to schedule mandatory appointments at times that do not conflict with Cruz’s known work schedule is a violation of the SSL. The court enjoined the HRA to schedule appointments at times that do not conflict with Cruz’s work schedule and to allow a competent adult representative to appear at conciliation appointments on Cruz’s behalf. The court also enjoined the HRA from equating a missed conciliation appointment with willful noncompliance and lack of good cause for this noncompliance, prompting a reduction or discontinuance of assistance.
