Tenant Must Be Restored to Section 8 Program

Facts: Rent-stabilized tenant filed an Article 78 court appeal of NYCHA’s decision to terminate her Section 8 housing subsidy and to refuse to restore her benefits. In August 2007, tenant’s subsidy was suspended after an inspection showed building violations in her prior apartment that forced her to move out. Tenant received an emergency transfer voucher in May 2008. Tenant got an extension of the voucher until Dec. 31, 2008. In January 2009, tenant was living in a shelter and requested a second emergency transfer voucher, which was approved by NYCHA in March 2009. The second voucher was valid until Sept. 3, 2009. Tenant moved into a new apartment in June 2009 and submitted a transfer application to NYCHA in July. In late 2009, NYCHA notified tenant that her subsidy had expired and she would receive no new subsidy. Tenant appealed NYCHA’s decision, claiming that it violated the law and NYCHA procedure, and was arbitrary and unreasonable.

Court: Tenant wins. NYCHA’s Leased Housing Department Memo provides that when a Section 8 housing subsidy has been suspended for six consecutive months due to housing violations, tenant loses active voucher status. But NYCHA’s Memo also provides that such “Code A” tenants retain the same rights as active voucher holders if they have transfer vouchers. Since tenant had an effective transfer voucher when she rented a new apartment in June 2009, she must be treated as an active voucher holder and benefits must be restored.

Rivers v. Rhea: NYLJ, 8/4/10, p. 26, col. 3 (Sup. Ct. NY; Rakower, J)