Summary of Complaint

Plaintiff Timothy Pena, a U.S. Navy veteran with a 70% VA disability rating, brings this civil action pro se against the New York City Department of Homeless Services (DHS), the Institute for Community Living (ICL), and former Manhattan VA Director of Homeless Services Karen Fuller. The action arises under federal law, including the VA Grant and Per Diem (GPD) program regulations, the Americans with Disabilities Act (ADA), the False Claims Act, and the First Amendment.

Plaintiff alleges that Defendants systematically violated GPD program requirements by failing to provide safe, sober, and supportive transitional housing. At the Borden Avenue Veterans Residence, veterans endured open drug use, violence, and unsanitary conditions, including a lack of required sinks and toilets. DHS and ICL allegedly denied transportation to VA medical and mental health appointments, provided no meaningful community engagement activities, and subjected veterans to degrading dormitory-style housing without adequate privacy.

ICL is further accused of unlawfully restricting GPD eligibility to only those with mental illness or chemical dependency, excluding eligible veterans. As co-chair of the NYC Veterans Task Force, defendant Fuller allegedly forced Plaintiff into a restrictive NDA that violated the ADA and suppressed his free speech. Plaintiff seeks declaratory, injunctive, and monetary relief, including damages, program reform, and independent auditing of GPD funds.