Tenant Can Challenge Termination of Section 8 Benefits

NYCHA terminated tenant's Section 8 benefits. NYCHA claimed that tenant didn't provide proof of household income and an employment form. It also claimed that it sent tenant proper notices to begin termination cases. Tenant appealed, claiming that she never received notices from NYCHA and that the notice in her file was printed in English; she spoke only Spanish. NYCHA claimed that tenant's appeal was filed too late and asked the court to dismiss the case. The court ruled against NYCHA. Tenant's appeal wasn't time-barred. Tenant rebutted the presumption that she received NYCHA's termination notice. So NYCHA couldn't prove that tenant didn't file her appeal within four months of receipt of the termination notice. Whether tenant's Section 8 benefits were properly terminated remained an issue to be determined after NYCHA responded to tenant's court case challenging its termination of benefits.

Baldera v. Hernandez: NYLJ, 12/28/05, p. 19, col. 1 (Sup. Ct. NY; Kornreich, J)