Landlord Didn't Follow Proper Termination Procedure for Section 8 Tenant

Landlord NYCHA terminated tenant's participation in Section 8 rent subsidy program. Tenant appealed NYCHA's decision. She claimed that she wasn't given adequate notice of the termination proceedings. The court ruled for tenant and reinstated tenant's subsidy. Tenant didn't receive landlord's notice by certified mail. That letter was returned as unclaimed. And NYCHA submitted no proof that the notice was sent by regular mail. NYCHA also was required to contact tenant by telephone during office hours in the 45-day period after notice was sent, and follow up on evenings or weekends if tenant couldn't be reached during the day. There was only one unsuccessful attempt made after the 45 days to reach tenant. NYCHA didn't follow its own procedures.

Green v. Hernandez: NYLJ, 3/16/05, p. 18, col. 1 (Sup. Ct. NY; Abdus-Salaam, J)