Tenant Improperly Notified of Subsidy Termination

November 15, 2012

LVT Number: #24436

Landlord NYCHA terminated tenant's Section 8 subsidy. Tenant filed an Article 78 appeal of NYCHA's decision and sought retroactive reinstatement. NYCHA claimed that tenant's appeal was untimely because it was filed more than four months after NYCHA's decision. But NYCHA produced no proof of written notification to tenant of her subsidy termination. Landlord's phone call to tenant was insufficient. So tenant could proceed with her appeal.

Landlord NYCHA terminated tenant's Section 8 subsidy. Tenant filed an Article 78 appeal of NYCHA's decision and sought retroactive reinstatement. NYCHA claimed that tenant's appeal was untimely because it was filed more than four months after NYCHA's decision. But NYCHA produced no proof of written notification to tenant of her subsidy termination. Landlord's phone call to tenant was insufficient. So tenant could proceed with her appeal.

Murph v. Rhea: Index No. 400967/12, NYLJ No. 1202575814492 (Sup. Ct. NY; 9/28/12; Lobis, J)

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