Landlord Can't Reinstate Terminated Section 8 Subsidy

Landlord sued NYCHA, seeking reinstatement of the Section 8 subsidy for tenant's apartment. NYCHA claimed that landlord failed to comply with Public Housing Law Section 157 provisions and asked the court to dismiss the case. The court ruled against landlord. Landlord claimed that it didn't receive notice from NYCHA of the payment suspension or of any Housing Quality Standards (HQS) violations. NYCHA pointed out that the apartment failed its HQS inspection and that it issued a notice to landlord. Landlord never certified that necessary repairs were made and NYCHA then terminated landlord's Section 8 payment. Landlord failed to rebut the presumption that NYCHA's notices, sent by regular mail, were delivered.

1130-1146 Colgage Ave. Associates v. NYCHA: Index No. 110896/2011, NYLJ No. 1202545276076 (Sup. Ct. NY; 2/24/12; Edmead, J)