Case Type
Article 78
Housing Type
NYCHA Subsidy Termination
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
150410/2021
Slip Opinion Number
2024 NY Slip Op 32038(U)
Petitioner
1356 Walton Avenue LLC
Respondent
Gregory Russ, Chairperson of NYCHA, and the New York City Housing Authority (NYCHA)
Judge
Arlene P. Bluth
Decision/Order Date
2024-06-17
Posture
Other
Disposition
Other
Winner
Other
Synopsis
In this Article 78 proceeding, the court granted respondents' cross-motion to dismiss the petition. The case involved a dispute over the termination of subsidy payments by NYCHA due to unresolved housing quality issues in a Bronx apartment leased under the Section 8 program. The court found that NYCHA's decision to terminate subsidies was rational and supported by inspection reports detailing ongoing maintenance deficiencies. Despite petitioner's arguments regarding corrections made and tenant responsibility, the court concluded that petitioner failed to adequately refute the inspection findings. The court also addressed the timeliness of the petition, ruling that the COVID-19 executive orders tolled the limitations period, thus rejecting NYCHA's argument on timeliness.
Recommended Citation
"1356 Walton Ave. LLC v. Russ" (2024). All Decisions. 1579.
https://ir.lawnet.fordham.edu/housing_court_all/1579
