1 SUPREME COURT of the STATE of NEW YORK COUNTY of NEW YORK in the Matter of the Application Of
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK In the Matter of the Application of: THE CITY-WIDE COUNCIL OF PRESIDENTS Index No. ___________________ and AT-RISK COMMUNITY SERVICES INC., Petitioners, Assigned to Justice ____________ For a Judgment Pursuant to Article 78 of the Civil Date Purchased: Practice Law and Rules, VERIFIED ARTICLE 78 -against- PETITION THE NEW YORK CITY HOUSING AUTHORITY and SHOLA OLATOYE, as Chair of the New York City Housing Authority, Respondents. “NYCHA has an obligation to protect the residents of its buildings. Its failure to do so . is inexcusable.” - Commissioner Mark Peters, NYC Dep’t of Investigation (3/28/17) Petitioners, the City-wide Council of Presidents (“CCOP”) and At-Risk Community Services Inc. (“At-Risk”), by and through their attorneys, Walden Macht & Haran LLP, for their verified petition, allege the following: INTRODUCTION 1. In many important and fundamental ways, the New York City Housing Authority (“NYCHA”) has exhibited a pattern and practice of failing to protect New York’s low-income community members (“Tenants”), including through blatant violations of the law. These failures include, but are in no way limited to, failure to protect Tenants from toxic lead, mold and other moisture problems, vermin, roaches, violent offenders who are actively engaging in criminal activity, broken entryway and apartment locks, and dangerous, 1 malfunctioning elevators. NYCHA is currently failing in its duty to provide heat during bitter winter temperatures, which affects hundreds of thousands of Tenants and has resulted in extreme physical hardship. 2. These problems have led to (a) numerous deaths, injuries, and sickness, (b) criminal and civil investigations and cases, (c) multiple findings of wrong-doing by the NYC Department of Investigation (“DOI”), including a November 14, 2017 Report regarding False Certification of NYCHA Lead Paint Inspections (the “DOI Report,” a true and correct copy of which is attached hereto as Ex.
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