Termination of Tenant's Subsidy Is Excessive Penalty

December 17, 2017

LVT Number: #28083

Tenant filed an Article 78 appeal of the decision by New Rochelle's Section 8 Housing Choice Voucher Program to terminate his participation in the federal housing subsidy program. The program terminated tenant's participation based on his failure to notify the agency of his absence from the apartment for more than 180 days, in violation of his obligations under the program. The court ruled for tenant and sent the case back to the program to set a lesser penalty. Tenant had lived in the apartment since 1999.

Tenant filed an Article 78 appeal of the decision by New Rochelle's Section 8 Housing Choice Voucher Program to terminate his participation in the federal housing subsidy program. The program terminated tenant's participation based on his failure to notify the agency of his absence from the apartment for more than 180 days, in violation of his obligations under the program. The court ruled for tenant and sent the case back to the program to set a lesser penalty. Tenant had lived in the apartment since 1999. Tenant had been involuntarily hospitalized based on mental illness, so there were mitigating circumstances for his absence and failure to notify the agency. 

Shortt v. Pritchett: 63 N.Y.S.3d 99, 2017 NY Slip Op 07606 (App. Div. 2 Dept.; 11/1/17; Mastro, JP, Leventhal, Miller, Nelson, JJ)

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