NYCHA Improperly Terminated Tenant's Rent Subsidy

NYCHA terminated tenant’s Section 8 rent subsidy after finding that tenant violated the terms of the subsidy program. Tenant appealed NYCHA’s decision, claiming that it violated lawful procedure. NYCHA asked the court to dismiss the case, claiming that it had offered to restore tenant to the program or give her a transfer voucher. But tenant argued that NYCHA didn’t annul the underlying termination of the subsidy, preventing landlord from evicting her. The court ruled for tenant. NYCHA failed to show that the tenancy termination followed the procedures required under Williams v. NYCHA. The subsidy termination must be annulled. And if landlord didn’t permit tenant to remain, NYCHA must offer tenant a transfer voucher permitting her to relocate.

Jones v. NYCHA: Index No. 402751/2011, NYLJ No. 1202572053495 (Sup. Ct. NY; 9/6/12; Lobis, J)