NYCHA's Termination of Tenant's Voucher Was Unreasonable

LVT Number: #22867

Tenant appealed NYCHA's decision to cancel her Section 8 voucher, claiming that it was arbitrary and unreasonable. She also asked the court to make NYCHA retroactively reinstate her Section 8 subsidy. The court ruled for tenant. NYCHA incorrectly found that tenant's rental application was not completed before Dec. 10, 2009. Even if tenant didn't include proof of a recorded deed for the building with her application, the information was available on the Automated City Register Information System.

Tenant appealed NYCHA's decision to cancel her Section 8 voucher, claiming that it was arbitrary and unreasonable. She also asked the court to make NYCHA retroactively reinstate her Section 8 subsidy. The court ruled for tenant. NYCHA incorrectly found that tenant's rental application was not completed before Dec. 10, 2009. Even if tenant didn't include proof of a recorded deed for the building with her application, the information was available on the Automated City Register Information System. So NYCHA's claim that tenant's application was incomplete because no proof of landlord's building deed was recorded was irrational. The case was sent back to NYCHA to rule on whether tenant qualified for the Section 8 rent subsidy.

Richardson v. Rhea: 400434/10, NYLJ 1202471199733 (Sup. Ct. NY; Gische, J.; 8/16/10)