NYCHA Properly Canceled Tenant's Section 8 Voucher Priority

March 9, 2012

LVT Number: #23980

NYCHA canceled tenant's priority for a Section 8 Housing Choice Voucher when tenant moved out of his public housing apartment. Tenant appealed NYCHA's decision, claiming that it was arbitrary and unreasonable. The court ruled against tenant. Tenant argued that a NYCHA employee assured him that moving out would have no effect on his voucher priority. But NYCHA had no choice in the matter. NYCHA's policies required that tenant lose his priority when he moved out of his apartment.

NYCHA canceled tenant's priority for a Section 8 Housing Choice Voucher when tenant moved out of his public housing apartment. Tenant appealed NYCHA's decision, claiming that it was arbitrary and unreasonable. The court ruled against tenant. Tenant argued that a NYCHA employee assured him that moving out would have no effect on his voucher priority. But NYCHA had no choice in the matter. NYCHA's policies required that tenant lose his priority when he moved out of his apartment.

Knopfler v. NYCHA: NYLJ, 2/16/12, p. 24, col. 4 (App. Div. 1 Dept.; Mazzarelli, JP, Saxe, Moskowitz, Freedman, Manzanet-Daniels, JJ)

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