Tenant's Subsidy Terminated for Failure to Recertify
LVT Number: #24123
HPD terminated tenant's Section 8 rent subsidy based on tenant's failure to complete his recertification application or appear for a scheduled hearing. Tenant appealed HPD's decision, claiming that he never received the initial mailing of the recertification papers or notice for the informal hearing date. The court ruled against tenant, finding HPD's decision wasn't arbitrary. Mere denial of receipt didn't rebut the presumption that the recertification papers were properly mailed and delivered. And HPD considered tenant's appeal, but tenant defaulted by not appearing for the hearing.
Frederick v. HPD: Index No. 402918/2011, NYLJ No. 1202552650667 (Sup. Ct. NY; 4/18/12; Feinman, J)