HPD Needn't Restore Section 8 Subsidy

April 30, 1994

LVT Number: 8763

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to join HPD as a party to the case, and to order the agency to restore her Section 8 subsidy and pay her back rent. The court ruled for tenant, and HPD appealed. The appeals court ruled for HPD. The trial court wasn't authorized to make HPD restore tenant's rent subsidy in a summary proceeding. To appeal HPD's ruling to discontinue her Section 8 subsidy, tenant must begin an Article 78 proceeding in state supreme court.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to join HPD as a party to the case, and to order the agency to restore her Section 8 subsidy and pay her back rent. The court ruled for tenant, and HPD appealed. The appeals court ruled for HPD. The trial court wasn't authorized to make HPD restore tenant's rent subsidy in a summary proceeding. To appeal HPD's ruling to discontinue her Section 8 subsidy, tenant must begin an Article 78 proceeding in state supreme court.

1543-75 Nostrand Assoc. v. Flowers: NYLJ, p. 26, col. 2 (4/21/94) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Patterson, JJ)

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