Tenant's Section 8 Benefits Improperly Terminated

June 28, 2012

LVT Number: #24170

Tenant of Section 8 housing challenged the Huntington Housing Authority's decision to terminate her benefits because her daughter had been arrested for misdemeanor cocaine possession. The court ruled for tenant. A housing authority hearing officer denied tenant's request to revoke the decision, citing two inapplicable regulations. Tenant was entitled to retroactive reinstatement of the benefits. There was no substantial evidence that the daughter engaged in criminal activity for which tenant's Section 8 benefits could be terminated.

Tenant of Section 8 housing challenged the Huntington Housing Authority's decision to terminate her benefits because her daughter had been arrested for misdemeanor cocaine possession. The court ruled for tenant. A housing authority hearing officer denied tenant's request to revoke the decision, citing two inapplicable regulations. Tenant was entitled to retroactive reinstatement of the benefits. There was no substantial evidence that the daughter engaged in criminal activity for which tenant's Section 8 benefits could be terminated. A police officer told the daughter he'd found cocaine in her purse, but there were no laboratory tests or other proof supporting this claim.

Rivera v. Town of Huntington Housing Authority: Index No. 12-CV-901, NYLJ No. 1202556652935 (EDNY; 5/29/12; Hurley, J)

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