McNeil v. New York City Hous. Auth.

No. 88-Civ.-5870 (RJW) (S.D.N.Y. Apr. 29, 2002) ; Clearinghouse Number: 54967

Description

Housing Authority Agrees to Cease Terminating Housing Assistance Payment Contracts Where Section 8 Landlord Fails to Comply with Housing Quality Standards

Abstract

The parties have settled this class action challenging New York City Housing Authority (NYCHA) policies that apply when Section 8 landlords fail to comply with Housing Quality Standards. Plaintiff Section 8 tenants alleged that NYCHA (1) fails to advise or assist tenants regarding correction of Housing Quality Standards (HQS) violations; (2) provides false and misleading notices to tenants; and (3) provides tenants with insufficient assistance in locating alternative Section 8 housing when subsidies are suspended because of HQS violations. Under the terms of the settlement, NYCHA agreed that it will not terminate a housing assistance payment contract because of a landlord’s failure to maintain a Section 8 apartment in accordance with HQS. In addition, NYCHA will extend the term of housing choice vouchers from 120 to 180 days and will issue new vouchers to transfer voucher holders upon request prior to the expiration of the terms of the vouchers. NYCHA agreed to distribute at broker referral list to transferors whose landlords fail to remedy HQS violations and will furnish payments equal to one month of contract rent to brokers on behalf of such transferors. NYCHA also agreed to send written notification to the New York City Department of Housing Preservation and Development when it learns of any “life threatening” HQS violations in a Section 8 unit, and to designate one staff member in each to respond to inquiries by the Housing Court concerning a Section 8 tenancy. Where a housing authority inspection reveals HQS violations, NYCHA will send written notification to the tenant that (1) if the rent subsidy to the landlord is suspended, the tenant will only be responsible for the tenant’s portion of the rent; (2) if the landlord commences an action in Housing Court, the tenant should bring the notice to the court. NYCHAS will inform new and existing Section 8 landlords that they may not seek judgment from a Section 8 tenant for the subsidy portion of the rent. Finally, NYCHA will offer new vouchers to tenants whose subsidies were suspended due to their landlords’ failure to maintain their apartments with HQS.

Additional Information

Attorney Information
Plaintiff represented by: Helaine Barnett, Scott A. Rosenberg, Judith A. Goldiner, Adriene L. Holder, Marlen S. Bodden, Legal Aid Society, 166 Montague St., Brooklyn, NY 11201 (212.577.3300)
Docket Date
2002-04-29 00:00:00+00:00