HPD Must Hold Hearing on Termination of Tenant's Subsidy

April 30, 2011

LVT Number: #23354

HPD terminated tenant's Section 8 rent subsidy. Tenant asked HPD for a conference to review her file, claiming that the grounds for termination were incorrect. HPD notified tenant that the termination remained in effect because her request for an informal hearing was untimely. Tenant appealed, claiming that HPD's decision was unreasonable. The court ruled for tenant. The court found that tenant's request was timely and that HPD's decision to terminate her subsidy was improper because it was made without following HPD's own procedures.

HPD terminated tenant's Section 8 rent subsidy. Tenant asked HPD for a conference to review her file, claiming that the grounds for termination were incorrect. HPD notified tenant that the termination remained in effect because her request for an informal hearing was untimely. Tenant appealed, claiming that HPD's decision was unreasonable. The court ruled for tenant. The court found that tenant's request was timely and that HPD's decision to terminate her subsidy was improper because it was made without following HPD's own procedures. The agency's termination procedures require a hearing or informal conference, if requested. The case was sent back to HPD for reconsideration.

Moorer v. HPD: Index No. 403272/10, NYLJ No. 1202491389001 (Sup. Ct. NY; 4/19/11; Mendez, J)

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