HPD Can Terminate Section 8 Tenant's Subsidy
LVT Number: #22665
Capparelli v. HPD: NYLJ, 5/12/10, p. 26, col. 1 (Sup. Ct. NY; Lobis, J)
Tenant appealed HPD's decision to terminate his Section 8 rent subsidy based on income underreporting. Tenant claimed that HPD’s ruling was arbitrary and unreasonable. The court ruled against tenant. Landlord sent tenant pretermination notices. When tenant failed to appear for two scheduled conferences, HPD terminated his subsidy. Tenant appealed, and HPD reconsidered. HPD found that tenant admitted he underreported his income and provided no justification for failing to attend two required conferences. HPD also found that tenant intentionally delayed in submitting information and unfairly collected almost $17,000 in rent subsidies. HPD’s ruling wasn’t shocking to one’s sense of fairness under the circumstances.