Tenant's Section 8 Subsidy Improperly Terminated

March 31, 2011

LVT Number: #23311

Landlord terminated tenant's project-based Section 8 rent subsidy. An administrative hearing officer then ruled that tenant's subsidy was properly terminated. Tenant appealed the decision, claiming due process violations. The court agreed. The termination notice stated that tenant "had an unauthorized individual in [her] unit." Due to illness, her children visited her often. It was unclear whether landlord was claiming that someone was living with her. The agency's ruling didn't specify.

Landlord terminated tenant's project-based Section 8 rent subsidy. An administrative hearing officer then ruled that tenant's subsidy was properly terminated. Tenant appealed the decision, claiming due process violations. The court agreed. The termination notice stated that tenant "had an unauthorized individual in [her] unit." Due to illness, her children visited her often. It was unclear whether landlord was claiming that someone was living with her. The agency's ruling didn't specify. Due process was violated because the termination notice and decision didn't state the reasons for the ruling.

Boykins v. Community Development Corp. of Long Island: Index No. 10-CV-3788, NYLJ No. 1202488325020 (EDNY; 3/21/11; Seybert, J)

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