Whether the Eligibility Verification Review (EVR) procedure of the Human Resources Administration (HRA) contravenes Local Law 49 of 1997, codified in the City of New York's Administrative Code, § 21-106, et seq., when said procedure is applied to an individual with clinical/symptomatic HIV or AIDS who has requested public benefits and services at the Division of AIDS Services Income Support (DASIS) of HRA.

Yes. Given that Local Law 49 was enacted to enable individuals in New York City with clinical/symptomatic HIV or AIDS to obtain public benefits and services without subjecting them to unnecessary administrative processes, the Court found that the EVR requirement, which, in effect, created additional eligibility factors for DASIS clients, not only violates the language of, but also contravenes the purpose of, the statute.

Petitioner, a sufferer of clinical/symptomatic HIV, applied for public benefits and services in July, 1997, through DASIS. After completing all of the necessary paperwork and undergoing an eligibility interview at the Manhattan DASIS office, Petitioner received notice from HRA that he must undergo an EVR interview at HRA's Brooklyn office. In response to Petitioner's inquiry, HRA informed Petitioner that he would not receive public benefits or services if he did not submit to the EVR process.

Petitioner commenced a C.P.L.R. Article 78 proceeding against Respondent, challenging HRA's EVR requirement. Supreme Court granted the petition, finding that Local Law 49 does not permit additional investigations for the purpose of establishing DASIS clients' eligibility for public assistance. The Appellate Division reversed, ruling that the EVR procedure does not violate the Administrative Code, which codifies Local Law 49.

The Court of Appeals reversed the Appellate Division's ruling. The Court found that the language of Local Law 49 squarely requires the DASIS staff, rather than the EVR investigators, to provide access to benefits and services, including establishing eligibility. The Court also concluded that, when conducted on DASIS clients, EVR investigations violate the clear language of Local Law 49 and contravene an intended purpose of Local Law 49, which is "to ease unnecessary administrative burdens for public assistance applicants suffering from clinical/symptomatic HIV illness or AIDS in New York City."