City Didn't Give Section 8 Tenant Pre-Termination Hearing

LVT Number: #30338

Tenant sued the City of New Rochelle, which administered tenant's federal Section 8 rent subsidy. The city informed tenant by a May 2018 letter that her Section 8 subsidy was terminated. But then, despite June 8 and July 30 letters from tenant disputing the termination, the city didn't schedule a hearing. Tenant's Article 78 lawsuit was filed in State Supreme Court was transferred to federal court. The court ordered the city to hold a hearing on tenant's Section 8 due process claim under 24 CFR Section 982.555.

Tenant sued the City of New Rochelle, which administered tenant's federal Section 8 rent subsidy. The city informed tenant by a May 2018 letter that her Section 8 subsidy was terminated. But then, despite June 8 and July 30 letters from tenant disputing the termination, the city didn't schedule a hearing. Tenant's Article 78 lawsuit was filed in State Supreme Court was transferred to federal court. The court ordered the city to hold a hearing on tenant's Section 8 due process claim under 24 CFR Section 982.555. Failing to provide tenant a pre-termination hearing despite tenant's timely response to the termination letter violated tenant's rights. And since the city's termination letter provided no specific instructions on how to request an informal hearing, it couldn't claim that tenant's letter disputing the termination was insufficient.

Hardee v. City of New Rochelle Section 8 Housing Agency: Index No. 18 CV 11215, NYLJ No. 1565182335 (SDNY; 8/5/19; Briccetti, DJ)