75 N.Y.2d 411 (1990)
Social Services Law § 350(1)(a) imposes a statutory duty on the State Commissioner of Social Services to establish shelter allowances for Aid to Families with Dependent Children (ADC) recipients that bear a reasonable relation to the cost of housing, and a failure to perform that duty is a justiciable controversy.
Summary
Plaintiffs, recipients of ADC in New York City, claimed that their shelter allowances were inadequate, leading to threatened eviction and inability to secure housing. They sued the State and City Commissioners of Social Services, alleging a failure to provide “adequate” shelter allowances as required by statute. The Court of Appeals held that Social Services Law § 350(1)(a) does impose a statutory duty on the State Commissioner to establish adequate shelter allowances and that the plaintiffs’ claim was justiciable, reversing the Appellate Division’s dismissal of the complaint.
Facts
Plaintiffs were ADC recipients in New York City whose shelter costs exceeded the maximum allowances under the Department of Social Services schedules. They alleged that the established shelter allowances were insufficient to cover their rent, placing them at risk of eviction and preventing them from finding alternative housing. The plaintiffs argued that the defendant Commissioners had a statutory and constitutional obligation to provide “adequate” shelter allowances, which they had failed to fulfill, resulting in arbitrary and unreasonable allowances that did not reflect the actual cost of housing in New York City.
Procedural History
The defendants moved to dismiss the complaint for failure to state a cause of action. Supreme Court denied the motion and granted the plaintiffs intermediate relief. The Appellate Division reversed, dismissing the complaint. The Appellate Division held that Social Services Law § 350(1)(a) was directory and precatory, not mandatory, and that the amount of shelter allowances was within the State Commissioner’s unreviewable discretion. The Court of Appeals granted leave to appeal.
Issue(s)
Whether Social Services Law § 350(1)(a) imposes a statutory duty on the State Commissioner of Social Services to establish shelter allowances that bear a reasonable relation to the cost of housing in New York City, and whether a claim alleging failure to perform that duty presents a justiciable controversy.
Holding
Yes, because Social Services Law § 350(1)(a) mandates that allowances “shall be adequate,” imposing a duty on the Commissioner to establish shelter allowances reasonably calculated for that purpose. This presents a justiciable controversy because the courts may compel obedience to a statutory command.
Court’s Reasoning
The Court reasoned that the provision of assistance to the needy is mandated by the New York State Constitution. The Court focused on the language of Social Services Law § 350(1)(a), which states that allowances “shall be adequate” to ensure the well-being of the child, indicating a duty rather than discretion. The Court distinguished this mandatory language from other provisions in the Social Services Law that use discretionary language like “may be provided.”
The Court rejected the Attorney-General’s argument that cross-references to other sections of the Social Services Law (specifically, § 131-a) gave the Commissioner broad discretion to control rising public assistance expenditures. The Court clarified that while § 131-a provides the Commissioner with discretion in setting grants based on local housing conditions, it does not override the “adequacy” standard prescribed for ADC families under § 350(1)(a).
The Court also addressed the Attorney-General’s reliance on § 131(1), which states that social services officials should provide adequately for the needy “insofar as funds are available for that purpose,” and § 131(3), which states that families should be kept together “[w]henever practicable.” The Court held that the general provision regarding available funds did not supersede the specific requirements of § 350(1)(a), and that the qualifying language in § 131(3) likely referred to nonfinancial matters.
The Court highlighted New York’s historical commitment to protecting children in the home. It referenced the Child Welfare Act of 1915 and subsequent legislation that emphasized the importance of raising children in a home environment. The Court stated that the legislature has imposed a duty on the Department of Social Services to establish shelter allowances adequate for that purpose, and “[a] schedule establishing assistance levels so low that it forces large numbers of families with dependent children into homelessness does not meet the statutory standard.”
In sum, the Court emphasized that while the Legislature controls appropriations, the Commissioner must comply with the mandate of Social Services Law § 350(1)(a) to provide adequate shelter allowances.