NYCHA Can't Deny Tenant Subsidy Without Confirming Her Immigrant Status

June 27, 2017

LVT Number: #27756

Landlord NYCHA sued to evict tenant for nonpayment of rent. Tenant claimed that her rent was calculated incorrectly and asked the court to dismiss the case. The court ruled for tenant. NYCHA was required by law to charge tenants 30 percent of household income as rent, except for any household that included a member who was neither a citizen nor an eligible immigrant. These households were ineligible for federal rent subsidies. Landlord claimed that it charged tenant a higher rent because she wasn't a citizen.

Landlord NYCHA sued to evict tenant for nonpayment of rent. Tenant claimed that her rent was calculated incorrectly and asked the court to dismiss the case. The court ruled for tenant. NYCHA was required by law to charge tenants 30 percent of household income as rent, except for any household that included a member who was neither a citizen nor an eligible immigrant. These households were ineligible for federal rent subsidies. Landlord claimed that it charged tenant a higher rent because she wasn't a citizen. Tenant claimed that she was an eligible immigrant and provided verification of her status to NYCHA, who failed to use the Department of Homeland Security (DHS) database to confirm tenant's status. So NYCHA must verify tenant's status and either adjust her rent or restart the case if it found that tenant wasn't an eligible immigrant.

NYCHA v. Traore: Index No. 11248/16, NYLJ No. 1202784918656 (Civ. Ct. Kings; 4/17/17; Schneider, J)

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