NYCHA Can't Terminate Subsidy Based on Tenant's Conduct

December 1, 2010

LVT Number: #23064

Landlord NYCHA terminated tenant's Section 8 rent subsidy based on tenant's abusive and threatening conduct toward NYCHA employees. Tenant filed a court appeal, claiming that NYCHA's ruling was arbitrary and unreasonable. The court ruled for tenant. Although there was substantial proof supporting NYCHA's finding, termination of tenant's subsidy was disproportionate to the offense. The incidents didn't include any physical interaction, there were no previous problems, and nothing showed that tenant posed a risk to other tenants.

Landlord NYCHA terminated tenant's Section 8 rent subsidy based on tenant's abusive and threatening conduct toward NYCHA employees. Tenant filed a court appeal, claiming that NYCHA's ruling was arbitrary and unreasonable. The court ruled for tenant. Although there was substantial proof supporting NYCHA's finding, termination of tenant's subsidy was disproportionate to the offense. The incidents didn't include any physical interaction, there were no previous problems, and nothing showed that tenant posed a risk to other tenants. The case was sent back to NYCHA to come up with a lesser penalty.

Palmer v. Rhea: NYLJ, 11/22/10, p. 19, col. 4 (App. Div. 1 Dept.; Tom, JP, Andrias, Nardelli, Acosta, DeGrasse, JJ)

Topics

More like this