NYCHA Can't Terminate Tenant's Section 8 Voucher

LVT Number: #23893

Landlord NYCHA terminated tenant's participation in the Section 8 Housing Choice Voucher program. Tenant appealed, and the court revoked NYCHA's decision. NYCHA then appealed and lost. NYCHA argued that federal regulations state that members of an assisted family can't receive Section 8 benefits while receiving another housing subsidy under any similar program. Tenant received the NYCHA Section 8 subsidy for the Brooklyn apartment where she lived with her disabled son while she also received an HPD Section 8 subsidy as the head of the household of another apartment.

Landlord NYCHA terminated tenant's participation in the Section 8 Housing Choice Voucher program. Tenant appealed, and the court revoked NYCHA's decision. NYCHA then appealed and lost. NYCHA argued that federal regulations state that members of an assisted family can't receive Section 8 benefits while receiving another housing subsidy under any similar program. Tenant received the NYCHA Section 8 subsidy for the Brooklyn apartment where she lived with her disabled son while she also received an HPD Section 8 subsidy as the head of the household of another apartment. Tenant claimed that she intended no fraud but held the subsidy for the apartment while her two brothers lived there and couldn't afford the rent for her own apartment without the subsidy. The court found that NYCHA's termination of tenant's subsidy was too severe a penalty.

Alexander v. Rhea: NYLJ, 1/3/12, p. 26, col. 2 (App. Div. 2 Dept.; Dillon, JP, Balkin, Leventhal, Chambers, JJ)