Landlord Waited Too Long to Appeal Suspension of Rent Subsidy

July 15, 2013

LVT Number: #24926

Landlord sued NYCHA, seeking retroactive payment of a suspended Section 8 rent subsidy for tenant's apartment. The court ruled for landlord, finding its demand untimely. The subsidy was suspended in 2009 after an apartment inspection. Landlord waited three years to contest this decision although it was required to file any appeal within 120 days. Landlord offered no excuse for its delay. In addition, tenant had moved out of the building and was receiving a Section 8 subsidy for the apartment she now lived in.

Landlord sued NYCHA, seeking retroactive payment of a suspended Section 8 rent subsidy for tenant's apartment. The court ruled for landlord, finding its demand untimely. The subsidy was suspended in 2009 after an apartment inspection. Landlord waited three years to contest this decision although it was required to file any appeal within 120 days. Landlord offered no excuse for its delay. In addition, tenant had moved out of the building and was receiving a Section 8 subsidy for the apartment she now lived in.

Samest Realty Corp. v. Rhea: Index No. 102812/2012, NYLJ No. 1202603736415 (Sup Ct. NY; 6/13/13; Freed, J)

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