Tenant's Section 8 Rent Subsidy Improperly Terminated

March 7, 2007

LVT Number: 19354

Tenant appealed an HPD ruling that terminated her Section 8 rent subsidy. The court ruled against tenant, finding that she didn't properly join landlord to the case and didn't seek sufficient remedies through the HPD before filing her court appeal. Tenant appealed again and won. Landlord hadn't raised any objection before the court about how it was joined to the case. And the HPD hadn't even responded to tenant's court appeal. Since the HPD didn't claim that tenant failed to exhaust her remedies before the agency, the court should not have dismissed the case for that reason.

Tenant appealed an HPD ruling that terminated her Section 8 rent subsidy. The court ruled against tenant, finding that she didn't properly join landlord to the case and didn't seek sufficient remedies through the HPD before filing her court appeal. Tenant appealed again and won. Landlord hadn't raised any objection before the court about how it was joined to the case. And the HPD hadn't even responded to tenant's court appeal. Since the HPD didn't claim that tenant failed to exhaust her remedies before the agency, the court should not have dismissed the case for that reason. The case was sent back to the lower court, which could allow landlord and the HPD to answer.

Mack v. Donovan: NYLJ, 1/29/07, p. 31, col. 1 (App. Div. 1 Dept.; Tom, JP, Saxe, Marlow, McGuire, Malone, JJ)

Topics

More like this