Emerson v. NYCHA

Background

Tracey Emerson and Dennis M. Carter filed this action against NYCHA without lawyers. They did not initially pay the $400 filing and administrative fees or submit applications to proceed without prepayment of fees. After an earlier order directed them to pay the fees or submit applications, Emerson and Carter each filed an application.

Court’s analysis

The court found that both applications were insufficient to establish that the plaintiffs could not pay the fees. The plaintiffs indicated that they received no income from the listed sources but did not explain how they paid their expenses. They also stated that they had no housing, transportation, utility, or other monthly expenses, even though the order states that they lived in an apartment in Bronx County. The court therefore found it unclear whether they had enough money to pay the filing fees.

Order

Judge Colleen McMahon ordered each plaintiff, within 30 days of the order, either to pay the $400 in fees or submit an amended application to proceed without prepayment. Each amended application had to answer every question, identify all income and monthly expenses, and explain how the plaintiff supported themselves. The court stated that, if the amended applications were granted, the plaintiffs could proceed without prepaying fees. No summons was to issue at that time. If the plaintiffs did not comply within the allowed period, the action would be dismissed. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepayment of fees. This order did not decide the underlying claims against NYCHA.