HPD Must Reconsider Revoking Tenant's Rent Subsidy

November 15, 2013

LVT Number: #25167

HPD terminated tenant's Section 8 rent subsidy after finding that tenant had misrepresented his income on his recertification affidavits. HPD had discovered that tenant owned unreported property in Florida. Tenant appealed, claiming that HPD's decision was unreasonable. Tenant was disabled and confined to a wheelchair and would face homelessness if evicted. HPD argued that tenant didn't request a hearing from HPD in response to its order in a timely manner before filing his court appeal. The court ruled for tenant.

HPD terminated tenant's Section 8 rent subsidy after finding that tenant had misrepresented his income on his recertification affidavits. HPD had discovered that tenant owned unreported property in Florida. Tenant appealed, claiming that HPD's decision was unreasonable. Tenant was disabled and confined to a wheelchair and would face homelessness if evicted. HPD argued that tenant didn't request a hearing from HPD in response to its order in a timely manner before filing his court appeal. The court ruled for tenant. Tenant said he didn't request the HPD hearing because he was in the hospital. The court revoked HPD's decision and sent the matter back to HPD for a hearing.

Bryan v. HPD: Index No. 400427/13, NYLJ No. 1202625413749 (Sup. Ct. NY; 10/30/13; Mendez, J)

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