Section 8 Tenant's Appeal of NYCHA's Termination of His Benefits Untimely

Tenant participated in a project-based Section 8 program in NYCHA housing. NYCHA sent tenant a T-3 termination notice dated Aug. 16, 2018, advising tenant that his Section 8 subsidy would be terminated in 45 days unless he made a timely request for a termination hearing. NYCHA also sent tenant a letter dated Sept. 14, 2018, informing him that he could call NYCHA's recertification hotline between 10 a.m. and 3 p.m. on Oct. 9, 2018, to complete the recertification process. NYCHA later ruled that tenant didn't submit annual income recertification statements in 2018 demonstrating his continued eligibility for Section 8 benefits and terminated his benefits. In addition, NYCHA sent tenant three letters in 2019 in response to his repeated requests to restore his Section 8 subsidy, each of which stated that effective Dec. 31, 2018, he was no longer in the Section 8 program. Tenant filed an Article 78 court appeal, claiming that NYCHA's decision was arbitrary and unreasonable.

The court ruled against tenant. Tenant failed to file the Article 78 appeal within the four months permitted by law. Instead, he filed the appeal 15 months after the limitations period expired on Jan. 2, 2019. NYCHA showed that it properly notified tenant of his default, and tenant's appeal was untimely.

Guillaume v. Russ: Index No. 450990/2020, 2020 NY Slip Op 32994(U)(Sup. Ct. NY; 9/10/20; Edmead, J)