HPD Improperly Terminated Section 8 Subsidy

Tenant and her daughter appealed a decision by HPD to terminate tenant's Section 8 rent subsidy. Although tenant moved out, her daughter claimed entitlement to the subsidy as a remaining family member. HPD claimed that tenant failed to seek a hearing from HPD, and that she didn't provide requested documentation to renew her subsidy. The court ruled for tenants. HPD sent notice of the subsidy termination only to tenant, who failed to exhaust her administrative remedies. But HPD should also should have sent a copy to tenant's daughter. The daughter learned of the subsidy termination only when she received a notice from the landlord seeking full rent payment. And tenant had no control over the missing information that was requested from landlord. The case was sent back to HPD to process the daughter's request to assume the Section 8 voucher for the apartment.

Moreta v. Cestero: 2011 NY Slip Op 21164, 2011 WL 1678190 (Sup. Ct. NY; 5/4/11; Friedman, J)