Registered Sex Offender Can't Get Section 8 Assistance

October 31, 2008

LVT Number: #20804

NYCHA denied applicant's request for Section 8 housing assistance, stating that its waiting list was closed to new applicants since May 2007. Applicant appealed, claiming that NYCHA's action was discriminatory and violated the Americans with Disabilities Act. NYCHA pointed out that, by law, it accepted applications while its list was closed from only three emergency categories. These were victims of domestic violence, intimidated witnesses referred by the D.A., or people referred by the Administration for Children's Services. The court ruled against applicant.

NYCHA denied applicant's request for Section 8 housing assistance, stating that its waiting list was closed to new applicants since May 2007. Applicant appealed, claiming that NYCHA's action was discriminatory and violated the Americans with Disabilities Act. NYCHA pointed out that, by law, it accepted applications while its list was closed from only three emergency categories. These were victims of domestic violence, intimidated witnesses referred by the D.A., or people referred by the Administration for Children's Services. The court ruled against applicant. He didn't fit under any of the emergency categories, and he didn't show that he had any disability. And even if the list was open, applicant wasn't eligible. He was a registered lifetime sex offender in New York State and was therefore barred by law from getting Section 8 assistance.

Boddie v. NYCHA: NYLJ, 10/23/08, p. 26, col. 1 (Sup. Ct. NY; Cahn, J)

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