Tenant Never Got Notice of Subsidy Termination

Tenant filed an Article 78 petition in 2010 to appeal a 2007 ruling by HPD that terminated her Section 8 rent subsidy. Tenant claimed that she never received notice of the subsidy termination and found out only when landlord sued to evict her for nonpayment of rent. HPD asked the court to dismiss the claims as untimely. Article 78 appeals must be filed within four months of HPD's decisions. The court ruled against HPD and ordered the agency to hold an informal hearing on the termination of tenant's rent subsidy. The time limit for appealing HPD's rulings runs from the date of receipt, not the date of mailing, of the notice. Tenant stated that she didn't receive HPD's notice, and HPD presented insufficient proof that the notice was sent. So the four-month time limit for appeal never started running.

Tijani v. Cestero: Index No. 400948/2010, NYLJ No. 1202476392410 (Sup. Ct. NY; 12/3/10; Sherwood, J)