Tenants Properly Notified of Loss of Rent Subsidies

Two tenants sued NYCHA, claiming inadequate notification that they were going to lose their Section 8 rent subsidies. An appeals court ruled for tenants.  NYCHA then appealed to New York’s highest court, which ruled that NYCHA had followed the notice requirement outlined in the 1984 federal consent judgment in Williams v. NYCHA. Tenants denied receiving the first two notices required under the Williams consent judgment, but they did receive the T-3 notice of default that triggered the start date of their time to object. Both tenants waited more than a year after NYCHA sent the T-3 notices before suing the agency. Notably, three of the court’s seven judges disagreed with the majority’s decision.

Banos v. Rhea: NYLJ No. 1202726221378 (Ct. App.; 5/12/15; Stein, PJ, Read, Pigott, Abdus-Salaam, Fahey [dissenting], Lippman [dissenting], Rivera [dissenting], JJ)