NYCHA Didn't Properly Notify Tenant of Subsidy Termination

December 16, 2013

LVT Number: #25211

NYCHA terminated tenant's Section 8 rent subsidy. Tenant then filed an Article 78 court appeal against NYCHA and landlord. NYCHA claimed that tenant's appeal was untimely. The court ruled for tenant. NYCHA appealed and lost. NYCHA failed to show that it gave tenant all of the three required written notices prior to issuing a ruling that terminated tenant's Section 8 housing benefits. So NYCHA's decision wasn't a final, binding determination that triggered the four-month time limit for filing an appeal.

NYCHA terminated tenant's Section 8 rent subsidy. Tenant then filed an Article 78 court appeal against NYCHA and landlord. NYCHA claimed that tenant's appeal was untimely. The court ruled for tenant. NYCHA appealed and lost. NYCHA failed to show that it gave tenant all of the three required written notices prior to issuing a ruling that terminated tenant's Section 8 housing benefits. So NYCHA's decision wasn't a final, binding determination that triggered the four-month time limit for filing an appeal. NYCHA presented no proof that it had mailed tenant an initial warning letter and its proof of mailing a notice of termination was insufficient. 

Dial v. Rhea: 974 NYS2d 516, 2013 NY Slip Op 07475 (App. Div. 2 Dept.; 11/13/13; Dillon, JP, Balkin, Austin, Cohen, JJ)

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