HPD Incorrectly Terminated Tenant's Section 8 Subsidy

Tenant lived in a subsidized SRO unit under the Shelter Plus Care program. She moved out after HPD and landlord notified her that her two children were living without permission in the unit and that her Section 8 rent subsidy was being terminated. Tenant filed an Article 78 court petition to challenge HPD's decision denying her rental assistance. The court ruled against tenant, who appealed and won. Contrary to HPD's claim, tenant didn't become ineligible for rental assistance after she moved. And HPD had sent other notices to tenant indicating that she would continue to receive Section 8 assistance. In addition, HPD's own administrative plan permitted tenants to move and retain housing assistance. Although tenants usually had to live for at least an initial lease term in one place, that condition shouldn't apply in this case where tenant's family became overcrowded.

Vargas v. HPD: 2014 NY Slip Op 01969, 2014 WL 1182081 (App. Div. 1 Dept.; 3/25/14; Gonzalez, PJ, Mazzarelli, Renwick, Feinman, Gische, JJ)