Case Type
Other
Housing Type
Project Based Section 8
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
453052/24
Slip Opinion Number
2026 NY Slip Op 00420
Petitioner
Celinet Cruz
Respondent
New York City Housing Authority (NYCHA)
Judge
Scarpulla, Kapnick, González, Shulman, O'Neill Levy
Decision/Order Date
2026-01-29
Posture
Pre-answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The Appellate Division reversed a lower court's order, dismissing as time-barred an Article 78 petition challenging the landlord's 2024 denial of the tenant's request for Section 8 subsidy restoration. The court held that the four-month statute of limitations under CPLR 217(1) began in December 2019 when the tenant's Section 8 benefits were initially terminated and the "final and binding" decision was issued. Subsequent administrative requests for restoration or ongoing correspondence with the agency did not constitute a new determination or toll the statute of limitations, rendering the tenant's later petition untimely.
Keywords
Section 8 Termination; Article 78; Statute Of Limitations To File Article 78; Final And Binding Decision; Continued Negotiations And Correspondence Do Not Toll Statute Of Limitations Or Constitute A New Determination
Recommended Citation
"Matter of Cruz v. New York City Housing Authority (NYCHA)" (2026). All Decisions. 2089.
https://ir.lawnet.fordham.edu/housing_court_all/2089
