Subsidy Termination Hearing Request Was Untimely

LVT Number: #24517

Tenant filed an Article 78 appeal, challenging NYCHA's decision to terminate her Section 8 rent subsidy. The court ruled for tenant and revoked NYCHA's decision. NYCHA appealed and won. The four-month time limit for filing a court appeal began to run on the date tenant received NYCHA's letter stating that tenant's Section 8 subsidy would be terminated in 45 days if tenant didn't request a hearing. NYCHA's letter was mailed on Nov. 16, 2009 and received by tenant no later than Dec. 5, 2009. But tenant didn't appeal until Aug. 16, 2010, more than eight months later. Tenant's Article 78 appeal must therefore be dismissed as untimely.

Parks v. NYCHA: 952 NYS2d 892, 2012 NY Slip Op 07378 (App. Div. 1 Dept.; 11/8/12; Andrias, JP, Saxe, Moskowitz, Abdus-Salaam, Manzanet-Daniels, JJ)