NYCHA Can't Terminate Tenant's Section 8 Based on Drug Claim
LVT Number: #23969
Tenant and her daughter moved into a NYCHA apartment in 2009 after receiving a housing subsidy for the homeless. Tenant then applied for Section 8 benefits, but was rejected because she had two drug-related felony convictions within the prior six years. Tenant appealed NYCHA's decision, claiming that it was unfair. The court ruled for tenant. Tenant showed that since she completed her sentence, she had participated in social work programs, volunteered in the community, sought treatment for her drug addiction, obtained mental health treatment and medication for schizophrenia, and conducted herself as a good tenant and a good parent. Given tenant's substantial proof of rehabilitation, NYCHA's decision was revoked,.and the case was sent back for reconsideration.
Pagan v. Rhea: 938 N.Y.S.2d 82, 2012 NY Slip Op 00907 (App. Div. 1 Dept.; 2/9/12; Tom, JP, Sweeny, Acosta, Renwick, JJ)