Abused Spouse Has Protected Property Interest in Tenant's Voucher

Tenant’s wife sued HPD, claiming that HPD denied her due process, discriminated against her on the basis of her sex, and acted in an arbitrary and capricious manner contrary to federal and local law by denying her a chance to be heard at an HPD hearing held to determine the termination of a Section 8 voucher issued to tenant. In 2014, tenant’s wife said that tenant tried to rape her. In February 2016 tenant’s Section 8 voucher was terminated and HPD didn’t transfer the voucher to the wife. The court ruled for the wife. She had a property interest in tenant’s Section 8 voucher sufficient to support her due process claim. The Violence Against Women Act and HPD’s own policies ensured that survivors of domestic violence who are beneficiaries of Section 8 vouchers formally listing their abusers can report abuse to authorities without losing their subsidies. HPD also had a duty to administer the Section 8 program in a nondiscriminatory manner under the Fair Housing Act.

A.S. v. Been: Index No. 16 Civ. 4067, NYLJ No. 1202777813870 (SDNY; 1/23/17; Marrero, J)