Termination Notice to Section 8 Tenant Was Defective

November 1, 2005

LVT Number: 18436

Tenant appealed NYCHA's decision to terminate her Section 8 rent subsidy and asked the court to block landlord from suing to evict her for nonpayment of rent. NYCHA claimed that tenant's appeal wasn't filed on time and so tenant's benefits were properly terminated. The court ruled for tenant. Tenant stated that she never got notice of the Section 8 termination by either certified or regular mail, and there was insufficient proof that it was sent properly. In addition, the benefits termination notice itself was defective because it wasn't sent fully in both English and Spanish.

Tenant appealed NYCHA's decision to terminate her Section 8 rent subsidy and asked the court to block landlord from suing to evict her for nonpayment of rent. NYCHA claimed that tenant's appeal wasn't filed on time and so tenant's benefits were properly terminated. The court ruled for tenant. Tenant stated that she never got notice of the Section 8 termination by either certified or regular mail, and there was insufficient proof that it was sent properly. In addition, the benefits termination notice itself was defective because it wasn't sent fully in both English and Spanish. So termination of tenant's Section 8 subsidy was void. Also, there was no question that tenant was eligible for Section 8 renewal. NYCHA simply claimed that the papers tenant filed were incomplete.

Almeida v. Hernandez: NYLJ, 10/26/05, p. 25, col. 1 (Sup. Ct. Kings; Saitta, J)

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