UNITED STATES DISTRICT COURT
[INSERT DISTRICT COURT NAME]

Timothy Pena,
Plaintiff,
v.
New York City Department of Homeless Services;
Institute for Community Living;
Karen Fuller, in her official and individual capacity;
John Does 1–10,
Defendants.

Case No. [To be assigned]
COMPLAINT
FOR DECLARATORY, INJUNCTIVE RELIEF AND DAMAGES
JURY TRIAL DEMANDED

I. INTRODUCTION

1. This is a civil action brought by Timothy Pena, a U.S. Navy veteran with service-connected disabilities, to hold Defendants accountable for egregious and systemic violations of the U.S. Department of Veterans Affairs (VA) Grant and Per Diem (GPD) program at the Borden Avenue Veterans' Residence (BAVR), a federally funded transitional housing program administered by NYC’s Department of Homeless Services (DHS) and operated by the Institute for Community Living (ICL).
2. The GPD program, authorized under Public Law 109-461, mandates transitional supportive housing with wraparound services in a clean, safe, drug-free environment. Defendants not only failed to provide such services—they actively exposed VA-eligible veterans to violence, unsanitary conditions including a leaking roof, retaliation, and the unlawful denial of earned benefits.

II. JURISDICTION AND VENUE

1. Jurisdiction is proper under 28 U.S.C. §§ 1331 and 1343 as this case involves federal questions arising under the Americans with Disabilities Act (ADA), Equal Protection violations, and the misuse of federal GPD funds.
2. Venue is proper in this District pursuant to 28 U.S.C. § 1391 as all events giving rise to the claims occurred in this District.

III. PARTIES

1. Plaintiff Timothy Pena is a U.S. Navy veteran, formerly housed at BAVR under the GPD program. Mr. Pena is service-connected for PTSD and was denied a safe, supportive environment while retaliated against for speaking out.
2. Defendant DHS is a municipal agency tasked with operating homeless shelters, including BAVR, with federal GPD funds.
3. Defendant Institute for Community Living (ICL) is the contracted operator of BAVR and recipient of VA funds intended for the provision of transitional services.
4. Defendant Karen Fuller is the Manhattan VA Director of Homeless Services and the GPD liaison responsible for oversight and compliance with VA program requirements.

IV. FACTUAL ALLEGATIONS

1. Plaintiff was a resident at BAVR between July and December 2022. The residence was infested with drugs, violence, leaking ceilings, non-functioning showers, and housed Level 2 and 3 sex offenders—all in violation of GPD’s criteria requiring a secure and sober environment.
2. The leaking roof and flooded conditions routinely damaged personal property and created mold risks in violation of housing standards outlined in 38 CFR § 61.80.
3. Plaintiff and others were denied access to nutritional meals, supportive counseling, mental health resources, and structured housing placement despite VA mandates outlined in Title 38 § 61.2 and § 61.82.
4. Staff engaged in retaliatory practices, including verbal abuse, threats, and program removal. After Plaintiff testified before government agencies and contacted the Office of Inspector General, he was dismissed from the NYC Veterans Task Force and labeled a disruptive influence.
5. Defendants submitted documentation for per diem funding based on 154 beds, while occupancy of GPD-eligible veterans never exceeded 118, leaving over $950,000 annually unaccounted for.
6. According to a 2024 VA Office of Inspector General (OIG) summary, nearly 21% of GPD program discharges lacked documentation or were miscoded, raising further questions about the integrity of BAVR’s reporting to the VA.
7. The VA and DHS failed to coordinate effectively with the Department of Veterans Services (DVS), leading to long delays in the issuance of HUD/VASH vouchers and unnecessary suffering.

V. LEGAL CLAIMS

Count I: Violation of GPD Program Criteria (38 CFR §§ 61.2–61.82)

1. Defendants violated federal law by failing to provide mandated supportive services, including housing assistance, nutrition, case management, and safety protocols.

Count II: Abuse of Federal Funds / False Claims Act (31 U.S.C. § 3729)

1. Defendants knowingly submitted false data to obtain GPD funding for unoccupied beds and failed to apply funds toward required services.

Count III: Americans with Disabilities Act (42 U.S.C. § 12132)

1. Plaintiff, a qualified individual with disabilities, was denied equal access to services and subjected to unsafe, non-compliant environments.

Count IV: Retaliation / Violation of First Amendment Rights

1. Plaintiff was retaliated against and expelled from the NYC Veterans Task Force in response to protected whistleblower speech.

Count V: State Law Negligence and Breach of Duty

1. Defendants breached their duty of care to provide habitable housing, a safe environment, and transitional services as required by both federal grants and basic common law duties.

VI. PRAYER FOR RELIEF

Plaintiff respectfully requests this Court:

a. Issue a declaratory judgment that Defendants violated federal GPD criteria and Public Law 109-461.
b. Award compensatory and punitive damages in an amount to be determined at trial.
c. Order an independent audit of GPD funds administered by DHS and ICL.
d. Grant preliminary and permanent injunctive relief prohibiting DHS from operating the GPD program unless brought into full compliance.
e. Award attorney’s fees and costs under 42 U.S.C. § 1988.
f. Grant such other relief as the Court deems just and proper.

Respectfully submitted,

Timothy Pena
Veterans Justice Project
[Phone] (602) 663-6456
[Email] tim.pena@yahoo.com
[Address] [Insert mailing address]

Contact Information:
Timothy Pena
Veterans Advocate and Founder

Veterans Justice Project, LLC
tim.pena@outlook.com

(602) 663‑6456
New York, NY 10001