NYCHA Must Restore Tenant's Section 8 Subsidy

March 1, 2011

LVT Number: #23212

Tenant appealed NYCHA's decision to terminate his project-based Section 8 rent subsidy for failing to comply with the annual income recertification process. NYCHA asked the court to dismiss the appeal as untimely. NYCHA also argued that its decision was proper. The court ruled for tenant. The time to file an appeal started running from the date tenant received NYCHA's order, and tenant filed within four months of that date. NYCHA's decision was arbitrary because it mailed only two of the required three notices to tenant before terminating his Section 8 subsidy.

Tenant appealed NYCHA's decision to terminate his project-based Section 8 rent subsidy for failing to comply with the annual income recertification process. NYCHA asked the court to dismiss the appeal as untimely. NYCHA also argued that its decision was proper. The court ruled for tenant. The time to file an appeal started running from the date tenant received NYCHA's order, and tenant filed within four months of that date. NYCHA's decision was arbitrary because it mailed only two of the required three notices to tenant before terminating his Section 8 subsidy. So NYCHA's notice of termination was defective, and the time limit for appeal never started to run. The court ordered NYCHA to reinstate tenant's Section 8 subsidy.

Lopez v. NYCHA: Index No. 401059/2010, NYLJ No. 1202482549911 (Sup. Ct. NY; 2/4/11; Sherwood, J)

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