Discontinuing Section 8 Voucher Too Harsh a Penalty

Tenants, a formerly homeless family, were declared eligible for a Section 8 housing voucher. HPD later denied tenants continuation of the voucher because they failed to provide access for a Housing Quality Standards inspection. Tenants appealed HPD’s decision, claiming that it was arbitrary and unreasonable. The court ruled for tenants. Tenant husband, who was disabled, claimed that he missed the inspector’s first visit by a few minutes. Tenants claimed that they were at home for a second inspection, but HPD argued that this inspection wasn’t conducted by an HPD inspector. HPD didn’t claim that tenants purposely refused access for inspection. Under the circumstances, HPD’s penalty for a technical breach of its inspection rule was too severe. The case was sent back to HPD for a less drastic penalty and for rescheduling of an inspection.

Dupont v. Donovan: NYLJ, 11/12/08, p. 26, col. 1 (Sup. Ct. NY; Goodman, J)