Matter of Dickerson v. Castero

NEW YORK COUNTY
Landlord/Tenant Law

New York Law Journal

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Justice Donna Mills

Dickerson moved to set aside a Department of Housing Preservation and Development (HPD) decision that denied his application for rental assistance. He alleged he previously resided in an apartment in the subject building that he obtained under HPD's Tenant Interim Lease Program, entered into a payment agreement with HPD and believed he would obtain a Section 8 housing subsidy, which was never issued. Dickerson claimed landlord sought his eviction based on non-payment of rent, and they stipulated to a judgment of possession. Yet, he noted he was issued a temporary housing voucher, claiming while it expired on Oct. 5, 2011, it amounted to a permanent Section 8 subsidy, alleging he missed some HPD notices. HPD stated the voucher was a temporary program requiring Dickerson to obtain a Housing Assistance Program (HAP) contract with landlord, who refused to sign the HAP. The court stated while Dickerson claimed to not have received some of HPD's notices, a mere conclusory denial was insufficient, noting HPD produced evidence of US Post Office documentation supporting its assertion that notices were received. The court could not find the decision denying Dickerson's application arbitrary as it was supported by a reasonable basis. It dismissed the petition.

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