Tenant's Subsidy Terminated After Move to Nursing Home

September 30, 2011

LVT Number: #23640

Tenant's daughter, by power of attorney, appealed a decision by HPD to terminate tenant's Section 8 rent subsidy. HPD found that tenant was absent from the apartment for 180 days. The daughter also failed to submit required documents to be added to tenant's lease. The court ruled against tenant, finding HPD's decision was reasonable. Tenant moved into a nursing home in 2008 after suffering a stroke. The daughter moved in to care for tenant's grandchildren in 2009. But the daughter didn't submit documents needed to release tenant from her lease.

Tenant's daughter, by power of attorney, appealed a decision by HPD to terminate tenant's Section 8 rent subsidy. HPD found that tenant was absent from the apartment for 180 days. The daughter also failed to submit required documents to be added to tenant's lease. The court ruled against tenant, finding HPD's decision was reasonable. Tenant moved into a nursing home in 2008 after suffering a stroke. The daughter moved in to care for tenant's grandchildren in 2009. But the daughter didn't submit documents needed to release tenant from her lease. HPD had given the daughter several chances to comply. And HPD regulations didn't permit extended absences by tenants for any reason.

Sierra v. HPD: Index No. 402399/10, NYLJ No. 1202516988817 (Sup. Ct. NY; 8/19/11; Scarpulla, J)

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