Defendants.
This page provides public access to the Second Amended Complaint and supporting Appendices A–F filed in Pena v. City of New York, et al., Case No. 26-CV-0176 (JMF), in the United States District Court for the Southern District of New York.
The supporting record consists of Attachments 1–33, including contemporaneous emails, Veterans Task Force records, governmental correspondence, VA oversight and FOIA materials, NYC Continuum of Care governing documents, and public-record materials relevant to the allegations in the Complaint.
These materials are provided to maintain an organized and accessible record of the documents submitted in connection with the litigation.
Letter to the SDNY Federal Court Case: 26-CV-0176
(Revised) SECOND AMENDED COMPLAINT - September 3, 2026 (pdf)
The Appendices are organized as follows:
Appendix A — Early Notice and Advocacy: Attachments 1–5
Appendix B — Veterans Task Force Speech and Restrictions: Attachments 6–18
Appendix C — Continuing Governmental Notice and VA Oversight: Attachments 19–22
Appendix D — Written Warning and Removal: Attachments 23–27
Appendix E — Governing and Corroborating Documents: Attachments 28–32
Appendix F — Various Articles from Local Journalists: Attachment 33
Full List of Attachments: 1 - 33
Second Amended Complaint - August 26, 2026
Appendix A — Veterans Task Force Discipline and Removal Record: VTF Committee Agreement/Code of Conduct, written warning, resignation/removal communications, NYC Continuum of Care bylaws and governance materials, and records concerning VTF participation and removal procedures.
Appendix B — Email Correspondence and Retaliation Chronology: Contemporaneous correspondence documenting Pena's advocacy, complaints concerning Borden Avenue and homeless veterans, VTF communications, restrictions on communications, disciplinary actions, and the events leading to removal.
Appendix C — Disability, PTSD, and Participant-Rights Materials: Records concerning Pena's disclosure of PTSD, disability-related communications, VTF disciplinary and mediation provisions, and related participant-rights materials.
Appendix D — Pre-Litigation Comparative Advocacy: Materials demonstrating Pena's advocacy concerning Borden Avenue and comparison of veteran transitional-housing programs before this litigation.
Appendix E — VA GPD Statutes, Regulations, and Program Requirements: Federal statutory, regulatory, and VA program materials concerning the Grant and Per Diem program, including relevant provisions of 38 C.F.R. Part 61.
Appendix F — VA FOIA, GPD, and OIG Oversight Materials: VA FOIA requests and responses, GPD records, VA Office of Inspector General materials, and records documenting Pena's efforts to seek federal review and oversight.
Appendix G — Borden Avenue Safety and Incident Records: NYPD FOIL emergency-call and arrest records and other materials concerning incidents and safety conditions at 21-10 Borden Avenue.
Appendix H — DHS/City Administration and Oversight Materials: New York City governmental records, hearings, and other materials concerning Borden Avenue, veteran homelessness, and municipal oversight.
Appendix I — ICL Operations, Notice, and Organizational Records: Institute for Community Living correspondence and records relevant to ICL's notice of Pena's concerns and the operation of Borden Avenue.
Appendix J — Comparative Transitional-Housing Materials: Materials concerning MANA House and other comparative veteran transitional-housing programs relevant to the substance and context of Pena's advocacy.
Appendix K — Historical and Investigative Materials: Historical reporting, Pena's pre-litigation public advocacy, and other investigative materials offered for the limited purposes identified in the complaint and appendix index.