Tenant's Appeal of HPD Decision Filed Too Late

Former Mitchell-Lama tenant filed an Article 78 court appeal of HPD's decision to revoke her Section 8 rent subsidy. HPD claimed that tenant's appeal was filed too late. The court ruled for HPD and dismissed the case. When landlord opted out of Mitchell-Lama in 2004, tenants were given the option to apply for Section 8 rent subsidies. Tenant submitted an application, and HPD requested additional information, including a copy of tenant's 2003 tax return. Tenant then advised HPD that she was withdrawing her application because she didn't want to submit the requested information. HPD sent tenant a further letter advising her that she qualified for Section 8 benefits. But, based on tenant's refusal of its offer, HPD sent tenant an official termination letter on May 13, 2004. Tenant filed her appeal on Sept. 24, 2012, seeking reevaluation. Tenant's appeal was filed more than eight years after HPD's decision was issued. The time limit for filing Article 78 appeals of HPD decisions is four months.

Duncan v. HPD: Index No. 401105/13, NYLJ No. 1202627565804 (Sup. Ct. NY; 11/14/13; Kern, J)