HPD Must Delay Decision on Subsidy Termination

October 10, 2012

LVT Number: #24365

HPD terminated tenant's Section 8 rent subsidy after a hearing was held and HPD found that minor children no longer lived in the apartment. Tenant and his wife had separated, and HPD found that the wife had custody of the children. Tenant's right to a Section 8 subsidy voucher went only to the head of household or remaining family member who had full legal custody of minor children. Tenant filed an Article 78 appeal, claiming that HPD's decision was arbitrary and unreasonable. Tenant pointed out that neither he nor his wife was awarded full custody of the children.

HPD terminated tenant's Section 8 rent subsidy after a hearing was held and HPD found that minor children no longer lived in the apartment. Tenant and his wife had separated, and HPD found that the wife had custody of the children. Tenant's right to a Section 8 subsidy voucher went only to the head of household or remaining family member who had full legal custody of minor children. Tenant filed an Article 78 appeal, claiming that HPD's decision was arbitrary and unreasonable. Tenant pointed out that neither he nor his wife was awarded full custody of the children. The wife had obtained only temporary custody. The court ruled for tenant. Since there was no court order giving full legal custody to the wife, HPD should have delayed deciding whether to terminate the subsidy until that question was resolved.

Herman v. HPD: Index No. 25720/2011, NYLJ No. 1202571624518 (Sup. Ct. Kings; 9/10/12; Edwards, J)

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