Rodriguez v. New York City Housing Authority
- John Koeltl
- 1:25-cv-03766
- U.S. District Court · Southern District of New York
- 3
In Rodriguez v. New York City Housing Authority, Judge Swain ordered payment or an amended fee-waiver application within 30 days, or the case will be dismissed.
Ernesto Rodriguez and the status of his action against the New York City Housing Authority; the order requires him to pay the fees or submit a complete amended application before the case can proceed.
What happened
In Rodriguez v. New York City Housing Authority, Ernesto Rodriguez sued the New York City Housing Authority and asked to proceed without paying the court fees upfront. He submitted an application, but left many financial questions unanswered, including questions about his past employment, income, property, and debts.
The court ordered Rodriguez, within 30 days of May 9, 2025, either to pay $405 in fees or submit a complete, signed amended application showing that he cannot afford them. No summons will issue yet. If he does not comply, the action will be dismissed; if the court approves the amended application, he may proceed without paying the fees upfront.
Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied fee-waiver status for an appeal. The order did not decide the underlying claims against the Housing Authority.
The detailed version
- Rodriguez v. New York City Housing Authority · No. 1:25-cv-03766
- John Koeltl
- May 9, 2025
Background
Ernesto Rodriguez brought this civil action without a lawyer. To proceed, he had to pay $405—consisting of a $350 filing fee and a $55 administrative fee—or submit a signed application to proceed without prepaying those fees.
Rodriguez submitted an application, but the court found it incomplete. He stated that he was unemployed but did not provide his last employment date or his gross monthly wages at that time. He indicated that he received income from a pension, annuity, or life insurance plan but did not state the amount. He also left blank questions about other income, personal property and its value, and debts or other financial obligations. The application appeared to state that he had either $20,000 or $30,000 in cash or a checking or savings account. He reported supporting one person and having $2,400 in monthly expenses, including $1,850 in rent and a $550 car payment.
Order
The court stated that Rodriguez appeared to have more than enough cash or money in an account to pay the filing fees, but it could not conclusively determine his ability to pay because he had not answered most of the application’s questions.
The court ordered Rodriguez, within 30 days of the order, either to pay the $405 in fees or submit an amended application to proceed without prepaying fees. The amended application must use docket number 25-CV-3766 (LTS), answer all applicable questions, and provide facts showing that he cannot afford the fees. If the court grants the amended application, Rodriguez may proceed without prepaying the fees. No summons will issue at this time. If Rodriguez does not comply within the allowed period, the action will be dismissed.
Additional Ruling and Effect
Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not address the merits of Rodriguez’s claims against the New York City Housing Authority; it addressed only the filing-fee and fee-waiver requirements.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.