Tenant Waited Too Long to Appeal Subsidy Termination

November 15, 2013

LVT Number: #25157

NYCHA terminated tenant's Section 8 rent subsidy. Tenant appealed NYCHA's decision after landlord started an eviction proceeding against her for nonpayment. The court and appeals court ruled against tenant because her appeal was filed too late. Tenant knew or should have known that there was a four-month limit on filing her Article 78 court appeal. Tenant claimed that she was confused because NYCHA's ruling was unclear and the agency continued to issue tenant's rent subsidy for 10 months after its decision.

NYCHA terminated tenant's Section 8 rent subsidy. Tenant appealed NYCHA's decision after landlord started an eviction proceeding against her for nonpayment. The court and appeals court ruled against tenant because her appeal was filed too late. Tenant knew or should have known that there was a four-month limit on filing her Article 78 court appeal. Tenant claimed that she was confused because NYCHA's ruling was unclear and the agency continued to issue tenant's rent subsidy for 10 months after its decision. But tenant waited until four months after landlord started the eviction proceeding to file her appeal of NYCHA's ruling.

Shamblee v. Rhea: 972 NYS2d 259, 2013 NY Slip Op 06430 (App. Div. 1 Dept.; 10/3/13; Mazzarelli, JP, Renwick, DeGrasse, Freedman, Feinman, JJ)

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