Request to Reinstate Tenant's Section 8 Subsidy Untimely

LVT Number: #22958

NYCHA terminated tenant's Section 8 subsidy in 2007 after sending tenant both a notice of termination and a default notice. NYCHA also withdrew its offer to reconsider after tenant missed several hearing and court dates. Tenant's daughter continued to live in the apartment while tenant was in jail, and asked NYCHA to transfer tenant's subsidy to her name and reinstate it in the daughter's name. NYCHA denied the request. Tenant's daughter filed a court petition, claiming that NYCHA's decision was arbitrary and unreasonable. The court ruled against the daughter.

NYCHA terminated tenant's Section 8 subsidy in 2007 after sending tenant both a notice of termination and a default notice. NYCHA also withdrew its offer to reconsider after tenant missed several hearing and court dates. Tenant's daughter continued to live in the apartment while tenant was in jail, and asked NYCHA to transfer tenant's subsidy to her name and reinstate it in the daughter's name. NYCHA denied the request. Tenant's daughter filed a court petition, claiming that NYCHA's decision was arbitrary and unreasonable. The court ruled against the daughter. Her appeal was due within four months after NYCHA's decision, so it was untimely. Also, tenant had violated the Section 8 subsidy contract by failing to recertify her income. NYCHA's decision was reasonable.

Silva v. Rhea: Index No. 400214/10, NYLJ 1202472865185 (Sup. Ct. NY; Scarpulla, J; 9/13/10)