Section 8 Benefits Improperly Terminated

December 1, 2004

LVT Number: 17748

NYCHA terminated tenant's Section 8 benefits because tenant didn't recertify household composition and income. Tenant filed a court appeal, claiming that NYCHA's decision was unreasonable. Tenant pointed out that landlord sent tenant two notices to recertify and that they were both sent to the wrong apartment. The court ruled for tenant. Prior case law required that landlord send tenant at least three notices to recertify, by regular and certified mail, before terminating Section 8 benefits.

NYCHA terminated tenant's Section 8 benefits because tenant didn't recertify household composition and income. Tenant filed a court appeal, claiming that NYCHA's decision was unreasonable. Tenant pointed out that landlord sent tenant two notices to recertify and that they were both sent to the wrong apartment. The court ruled for tenant. Prior case law required that landlord send tenant at least three notices to recertify, by regular and certified mail, before terminating Section 8 benefits.

Quesada v. Hernandez: NYLJ, 11/16/04, p. 19, col. 3 (Sup. Ct. NY; Wetzel, J)

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