Class Action Lawsuit to Stop Termination of GA Emergency Housing Program
For Immediate Release, June 1, 2023:
GA MOTEL UPDATE: Court Denies Request for Temporary Restraining Order; Allows Termination of GA Emergency Housing Assistance to Continue
Today, the Vermont Superior Court denied Vermont Legal Aid, Inc.’s request for a temporary restraining order to stop the Agency of Human Services (AHS) from terminating the General Assistance Emergency Housing Program benefits for approximately 800 Vermonters as of June 1, 2023, and approximately 2000 more people in July.
Judge Tomasi agreed with Vermont Legal Aid attorneys that the imminent removal of people from their motel rooms and subjecting them to homelessness constitutes irreparable harm. Unfortunately, it wasn’t enough to grant the restraining order allowing people to stay in their rooms. However, because the hearing today was just about the temporary restraining order, the lawsuit will continue. Judge Tomasi ordered the State to respond to the complaint by July 1.
“We are obviously very disappointed with this decision, but the Court acted quickly to schedule this hearing and acknowledged that homelessness is an imminent threat to our clients,” said Attorney Laura Gans, lead counsel for Vermont Legal Aid. “We continue to pursue all remaining legal remedies as this case unfolds.”
AHS has promised to restart the clock on July 1 for GA participants, reversing their previous position that they would retroactively apply time limits to people who have been in emergency housing during the past year. AHS has also promised to expand eligibility for families with children and has promised to provide notice to everyone whose eligibility may be ending in July.
Anyone currently in GA emergency housing should contact the Economic Services Division and request immediate reassessment to determine if they meet expanded eligibility requirements.
For press inquiries, please contact Rebecca Plummer, Vermont Legal Aid, rplummer@vtlegalaid.org or (802) 495-0459.
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For Immediate Release, May 30, 2023:
Vermont Legal Aid Files Class Action Lawsuit to Stop Termination of GA Emergency Housing Program
UPDATE: In response to this filing, Vermont Superior Court Judge Timothy Tomasi set the matter for an expedited hearing on Thursday, June 1st, at 8:30 a.m.
Rebecca Duprey, Michael Grout, Brittany Plucas, Cassandra Fraser-Brown, Peter Corliss and others similarly situated, v. Vermont Agency Of Human Services, Jenney Samuelson, Secretary of the Agency of Human Services, Chris Winters, Commissioner of the Department for Children and Families; Vermont Superior Court, Washington Unit, Case No. 23-CV-02299
Vermont Legal Aid, Inc. has filed a lawsuit in the Vermont Superior Court, Washington Civil Division, to stop the Agency of Human Services (AHS) from terminating General Assistance Emergency Housing Program benefits for thousands of Vermonters.
GA emergency housing has provided shelter in motels across Vermont for people experiencing homelessness throughout the COVID-19 pandemic. AHS is now terminating the GA program in violation of Vermont law and without sufficient regard for the core principles of due process. Terminating this program is expected to unhouse approximately 2800 Vermonters, including children, elderly people, and people with disabilities, over the next two months.
The lawsuit seeks an immediate injunction from the Court to prevent the termination from taking effect and to bar AHS from terminating benefits for residents of the motels on June 1 and July 1 (Governor Phil Scott has stated that 28 days will be added to the July 1st deadline, for certain program participants, but this policy has not been formally implemented as of today). The lawsuit targets the failure of AHS to provide proper notice to program recipients that the program was ending. The plaintiffs in the lawsuit found out they had to leave their motel room by the motel staff, or by word-of-mouth from other motel residents. The lawsuit also targets the State’s failure to re-establish the rules of the program after they were waived during the pandemic.
“These are fundamental violations of due process and Vermont law,” says Attorney Laura Gans, lead counsel for the plaintiffs, “and real, vulnerable Vermonters will be gravely harmed.”
For more information, please go to https://www.vtlegalaid.org/news.
For press inquiries, please contact Rebecca Plummer, Vermont Legal Aid, rplummer@vtlegalaid.org or (802) 495-0459.
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