HPD Not Responsible for Landlord's Alleged Failure to Comply with Section 8 Regs

June 11, 2013

LVT Number: #24833

Tenant sued HPD, claiming that the agency failed to enforce federal regulations governing the Section 8 program. The court granted HPD's request to dismiss the case. Tenant appealed and lost. Tenant claimed that HPD had failed to enforce regulations by permitting her apartment to become uninhabitable and denying her request to move to another unit. But landlord, not HPD, was responsible for maintaining tenant's apartment.

Tenant sued HPD, claiming that the agency failed to enforce federal regulations governing the Section 8 program. The court granted HPD's request to dismiss the case. Tenant appealed and lost. Tenant claimed that HPD had failed to enforce regulations by permitting her apartment to become uninhabitable and denying her request to move to another unit. But landlord, not HPD, was responsible for maintaining tenant's apartment. HPD had the authority to terminate a housing assistance payment (HAP) contract when landlord failed to maintain a dwelling unit in accordance with housing quality standards (HQS) and allow tenant to move to a new unit with continued assistance. But tenant didn't show that landlord failed to maintain her apartment. 

Hochmuller v. HPD: 965 NYS2d 41, 2013 NY Slip Op 03187 (App. Div. 1 Dept.; 5/2/13; Mazzarelli, JP, Andrias, Saxe, Manzanet-Daniels, Gische, JJ)

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