Tenant Can't Get More Time to Seek Section 8 Transfer Voucher

Tenant sought Article 78 judicial review of HPD's decision denying his application for Section 8 rental assistance. Tenant claimed that HPD's decision was arbitrary and unreasonable. Tenant had signed a housing assistance interim payment agreement with HPD and believed he eventually would obtain a Section 8 subsidy. But HPD never issued or processed any Section 8 subsidy for him. Tenant noted that he received a temporary housing voucher in June 2011 that expired in October 2011, but claimed he received no further notices from HPD. He said he was expecting a transfer voucher from HPD so that he could seek alternative housing. At a hearing, HPD found that tenant had received notices sent in September 2011, November 2011, and December 2011, and that tenant had had an adequate opportunity to obtain alternative housing. To give tenant more time to obtain a Section 8 subsidy would unfairly impact other potential subsidy recipients seeking housing assistance.  The court found that HPD's decision was reasonable and dismissed tenant's appeal.

Dickerson v. Cestero: Index No. 401884/2012, NYLJ No. 1202587549913 (Sup. Ct. NY; 2/13/13; Mills, J)