HPD Improperly Terminated Sex Offender's Section 8 Subsidy

March 8, 2012

LVT Number: #23967

HPD terminated tenant's Section 8 rent subsidy because tenant was a Level 2 sex offender subject to lifetime registration. Tenant appealed, claiming that HPD's decision was arbitrary and misinterpreted HPD's own termination policy and federal laws. HPD claimed that its 2010 Administrative Plan reasonably interpreted federal statutes and regulations. The court ruled for tenant. HPD's plan didn't require mandatory termination of assistance for lifetime sex offender registrants. Instead it stated that HPD "may" terminate program assistance to registered sex offenders.

HPD terminated tenant's Section 8 rent subsidy because tenant was a Level 2 sex offender subject to lifetime registration. Tenant appealed, claiming that HPD's decision was arbitrary and misinterpreted HPD's own termination policy and federal laws. HPD claimed that its 2010 Administrative Plan reasonably interpreted federal statutes and regulations. The court ruled for tenant. HPD's plan didn't require mandatory termination of assistance for lifetime sex offender registrants. Instead it stated that HPD "may" terminate program assistance to registered sex offenders. The court found that HPD's decision was arbitrary and sent the case back for reconsideration.

Bonseiro v. HPD: Index No. 14793/11, NYLJ No. 1202543622850 (Sup. Ct. Kings; 2/15/12; Edwards, J)

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