Housing Authority Overrides Hearing Officer's Decision

May 11, 2012

LVT Number: #24082

Tenant sued the local housing authority to stop the agency from terminating her Section 8 rent subsidy voucher due to a guilty plea of felony assault. She claimed the housing authority violated her 14th Amendment right to due process. Tenant had stated at a housing authority hearing that she acted in self defense and pled guilty because she needed to care for her three children. The hearing officer found that her benefits shouldn't be terminated, but the housing authority disagreed and terminated the subsidy.

Tenant sued the local housing authority to stop the agency from terminating her Section 8 rent subsidy voucher due to a guilty plea of felony assault. She claimed the housing authority violated her 14th Amendment right to due process. Tenant had stated at a housing authority hearing that she acted in self defense and pled guilty because she needed to care for her three children. The hearing officer found that her benefits shouldn't be terminated, but the housing authority disagreed and terminated the subsidy. The court ruled against tenant because she didn't state a valid federal due process claim. But the court delayed enforcement of the housing authority's decision so that tenant could appeal in state court.

Rios v. Town of Huntington Housing Authority: Index No. 12-cv-1558, NYLJ No. 1202549556246 (EDNY; 4/10/12; Spatt, J)

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