Legal Services NYC Files Federal Lawsuit Against Mayor Eric Adams for Targeting Vulnerable Homeowners with Water Shut-Offs Amid One of NYC’s Hottest Summers on Record 

NEW YORK, NY) – Legal Services NYC (LSNYC) announces a federal lawsuit against Mayor Eric Adams, the NYC Department of Environmental Protection (NYC DEP), and the NYC Water Board, challenging the city’s aggressive targeting of water shut-offs on behalf of seven vulnerable homeowners amid one of the hottest summers in NYC’s history. The suit alleges that the Adams administration’s actions violate due process rights, the New York State Constitution, federal laws, and city and state anti-discrimination laws. LSNYC also filed a preliminary injunction seeking to immediately stop the City from turning off the water for these vulnerable individuals as doing so poses a threat to their lives.

Read the lawsuit here.
Read the preliminary injunction motion here.

“The imminent threat to my son’s life posed by loss of running water was in the forefront of my mind as I petitioned family and friends for money.””

Theresa O., a plaintiff in the case who is going by a pseudonym.

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“The imminent threat to my son’s life posed by loss of running water was in the forefront of my mind as I petitioned family and friends for money,” said Theresa O., a plaintiff in the case who is going by a pseudonym. “I am a very private person, and the necessity of sharing personal details of my current hardship was difficult and made even more shame-inducing by NYC DEP’s public marking of my home for water shut-off. Even now, whenever I hear a loud noise outside my home, I become fearful that NYC DEP has come to shut off my water. Living with this stress is very difficult for a person in my condition with the other hardships I am currently facing.”

While Mayor Adams announced in March that the City would target large commercial entities for delinquent water bills. Instead, his administration is targeting low-income one- and two-family homes, whose residents are disabled, elderly, small children, veterans, and victims of deed theft—communities for whom a water shut-off is life-threatening. According to recent reporting, the largest water debtors in New York City are state-controlled entities like the MTA, Riverbank State Park, and the Port Authority—collectively owing $76.5 million—yet, the Adams administration has chosen to pursue the City’s most vulnerable. 

“When the City decides to tighten its belt, it is vulnerable New Yorkers who suffer the most.””

Jacquelyn Griffin, a senior staff attorney at Brooklyn’s Homeowner Rights Practice at Legal Services NYC

“Unfortunately, this is not a new tactic by NYC,” said Jacquelyn Griffin, a senior staff attorney at Brooklyn’s Homeowner Rights Practice at Legal Services NYC. “When the City decides to tighten its belt, it is vulnerable New Yorkers who suffer the most. What stands out here, however, is the seeming indifference and even outright hostility toward implementing the very protections put in place to allow our most vulnerable citizens to continue living with basic human dignity in this City.” 

The complaint alleges that the NYC DEP is demanding large down payments and unaffordable payment plans from residents legally-entitled to be exempt from shut-offs, including those with serious medical conditions, children in the home, and seniors. Some of these individuals are not even required to pay due to disabilities, while others, such as victims of deed theft, are unable to negotiate payment plans because the title to their homes has been stolen. 

New York’s legal and regulatory scheme unequivocally states that NYC DEP “shall not terminate” water services to those who are blind, disabled, children or those age 62 or older. New York State’s Constitution also guarantees individuals the right to water.

One plaintiff, Junior Beckford, a 65 year old driver at JFK Airport with type 2 diabetes, has lived in his Brooklyn home for more than 30 years. Unfortunately, Mr. Beckford fell victim to a deed theft scheme and is still fighting to regain his title. Despite multiple attempts to resolve his outstanding water bill, which ballooned after the scammers neglected to pay it, the NYC DEP refuses to enter a formal payment plan with Mr. Beckford because he is not the title holder and will not lift the shut-off threat without a 10% down payment of the amount due.

Another plaintiff couple, Elvira and Francisco Tavarez, lives in a two-family home in Queens with their son and daughter. Mr. Tavarez has a debilitating blood disorder, limiting his ability to work. After receiving a water shut off notice, the Taverezes went to the NYC DEP offices to resolve the bill but were told they must make a 10% down payment which they could not afford. At no point did anyone from NYC DEP tell them that they were exempt from a water shut-off without a down payment due to Mr. Tavarez’s medical condition. The family lives in constant fear of their water being shut off.

“It is both alarming and disgraceful that New York City, one of the largest and most well-resourced cities in the world, is threatening to shut off the water of New York’s most vulnerable,” said Shabnam Faruki, Director of Brooklyn’s Homeowner Rights Practice at Legal Services NYC. “Instead of offering payment plans, explaining exemptions, or following the law, the City is shaking down low-income New Yorkers for arbitrary dollar amounts and threatening to cut off their water supply in the height of the summer heat. We hope this lawsuit forces this administration to follow the law and provide struggling New Yorkers with the resources and support they need instead of cutting off their water and pushing them out of their homes.” 

The lawsuit demands that the City stop threats of water shut offs for protected groups; comply with due process requirements like providing clear information about exemptions and payment plans; provide meaningful access to reasonable accommodations for people with disabilities; and award damages. Legal Services NYC also filed a preliminary injunction motion which seeks an immediate halt to water shut-offs for plaintiffs and protected groups.

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Legal Services NYC fights poverty and seeks racial, social, and economic justice for low-income New Yorkers. For over 50 years, LSNYC has challenged systemic injustices that trap people in poverty and helped clients meet basic needs for housing, income and economic security, family and immigration stability, education, and health care. LSNYC fights every day to ensure New Yorkers and their families have access to the services, resources, and protections they need to survive. http://www.legalservicesnyc.org/