Celebrating a Significant Victory for Low-Income San Franciscans

Since 2023, BayLegal, along with co-counsel Public Interest Law Project and Western Center on Law and Poverty, have been seeking an order from the San Francisco Superior Court directing the City and County of San Francisco to stop, among other things, violating people’s due process rights and discriminating against them based on their disabilities when it administers its general assistance welfare program, which in San Francisco is called the County Adult Assistance Program (CAAP). CAAP has two rates of pay: a full cash grant for people who are housed and a significantly reduced cash grant for people who are unhoused. Unhoused people are forced to survive on $59 per month, amounting to just $1.96 per day. The City will reduce unhoused people’s cash grant to account for the “in-kind value” of the shelter they offer, even when the person cannot stay in a shelter due to disability or other reasons. These violations leave San Francisco residents who are unhoused subject to sudden reductions in their cash grant, often without notice and without a hearing or appeal.

In December, the City filed a motion asking the Court to deny BayLegal’s clients their day in court, but last week the Court denied the motion, allowing the case to move forward on most of their claims. “The City tried to silence this case before the evidence could be heard. The Court said no. Low-income people are being denied basic rights and forced into impossible choices every day, and this ruling clears the way to expose what is happening and hold government accountable for the harm it is causing.” – Jessica Mark, Supervising Attorney at Bay Area Legal Aid.

“We appreciate the Court’s thoughtful evaluation and detailed analysis of the City’s motion, which tried to prevent us from presenting evidence that the City is violating people’s rights,” says Brenda Star Adams, BayLegal’s Director of Litigation. “Low-income people are being harmed by the City’s practices every day, so we are grateful to be able to proceed with this important case.”

BayLegal will now amend its petition to reflect changes made to the City’s policies since 2023, and once discovery is completed, will ask for a trial date so its clients can have their day in court.