Landlord's Appeal of Subsidy Termination Was Untimely

NYCHA terminated tenant's Section 8 rent subsidy after finding that the apartment didn't meet federal housing quality standards. Landlord filed an Article 78 appeal of NYCHA's decision. NYCHA claimed that landlord's appeal was untimely asked the court to dismiss the case. The court ruled for NYCHA. Landlord admitted receiving a notice regarding suspension of the rent subsidy but merely informed NYCHA's inspection unit by telephone that tenant refused access to the apartment nine months after the rent subsidy was terminated. Landlord knew, or should have known, that an appeal was due within four months after NYCHA issued its decision. Landlord's appeal was time-barred.

Weilders v. NYCHA: Index No. 112872/2011, NYLJ No. 1202569850119 (Sup. Ct. NY; 8/10/12; Moulton, J)