Q: Can DCHHS EHAP (Emergency Housing Assistance Program) be sued? I was denied recertification of my previous rental assist
My caseworker denied the recertification case AFTER SHE advised me to file. I have documentation of fraud, lies and misconduct by EHAP caseworkers so I contacted EHAP director, who agreed with caseworker’s denial until I showed documentation of grave misconduct on the part of several caseworkers via emails,-read receipts but no response to my emails & outright lies told on my landlord. Dr Huang reviewed my evidence/ Exhibits A-Q & quickly approved my case & mailed a check to my landlord to avoid eviction & homelessness. My landlord would only accept 1 form payment for past due rent, so they couldn’t apply the check until I paid my portion. Unfortunately I was unable to come up with my money in time so my landlord sent the check to me & stated that I needed to get the check cashed, add my portion,& get a cashiers check to pay. I emailed Dr. Huang asked the funds be sent to me.He refused & we will be homeless in 10 days if he doesn’t resend the check in my name.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Based on the situation you've described, here are some key points to consider:
1. Legal action: Generally, government agencies can be sued, but there are often specific procedures and limitations for doing so. The ability to sue DCHHS EHAP would depend on various factors, including the specific grounds for the lawsuit and any legal immunities the agency might have.
2. Administrative remedies: Before considering a lawsuit, it's usually advisable (and sometimes required) to exhaust all administrative remedies. It seems you've already taken steps in this direction by contacting the EHAP director.
3. Documentation: The fact that you have documentation of misconduct and that Dr. Huang initially approved your case after reviewing your evidence is potentially significant.
4. Current situation: The immediate issue appears to be getting the check reissued in your name to prevent homelessness.
Given the urgency of your situation and the complexity of the legal issues involved, here are some suggestions:
1. Contact legal aid: Reach out to a local legal aid organization or tenant rights group. They may be able to provide free or low-cost legal advice specific to your situation.
2. Continue communication: Keep trying to communicate with Dr. Huang or other EHAP officials about reissuing the check in your name, emphasizing the urgency of your situation.
3. Document everything: Continue to keep detailed records of all communications and events related to this situation.
4. Consider mediation: Some localities offer mediation services for landlord-tenant disputes, which might help resolve the immediate payment issue.
5. Emergency assistance: Look into other local emergency assistance programs that might be able to help prevent eviction in the short term.
Remember, while it may be possible to sue DCHHS EHAP, legal action is often a long and complex process. Given your immediate risk of homelessness, focusing on more immediate solutions might be more beneficial in the short term.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
