When 60-year-old disabled Bronx resident AF was informed that her Section 8 Housing Subsidy had been terminated by the New York City Housing Authority (“NYCHA”), she was taken by surprise. She had complied with NYCHA’s recertification process and during her last conversation with NYCHA management she was reassured that her subsidy was fine. Now, without her subsidy, she found herself in Landlord-Tenant Court and at risk of becoming homeless.

Each year NYCHA Section 8 tenants are required to comply with a recertification process that entails declaring assets and disclosing family income. Tenants who do not comply with the process face termination of their subsidy. AF received her recertification packet which she completed in a timely fashion. When NYCHA requested additional information AF cooperated. Following up on the status of her recertification, AF was informed by NYCHA that they had received the information they needed and she had fully complied with the recertification process. Being assured she had satisfied the requirements, she did not apply for a hearing. Only after her landlord commenced an eviction proceeding against her did she discover that her subsidy had been terminated.

Legal Aid Society Supervising Attorney Carmine Annunziato was able to obtain a stay of the eviction proceeding in housing court, but more needed to be done to prevent the eviction. Pro bono volunteer Dana Lau, an associate with Fitzpatrick, Cella, Harper, and Scinto, LLP (Fitzpatrick) working in consultation with Robert Schwartz, a partner with the firm, quickly filed an Article 78 in New York State Supreme Court seeking a reversal of the NYCHA decision to terminate Section 8 and to reinstate her subsidy. Not only were Ms. Lau and Mr. Schwartz successful in reinstating AF’s subsidy, they were also able to acquire retroactive rent funds. As a result, the landlord dropped his action in Housing Court. The thorough, timely, and diligent work of the Fitzpatrick team prevented AF from losing her home.

Each day hundreds of low income New Yorkers are at risk of losing their homes and are faced with navigating a complex justice system without legal assistance. Pro bono volunteers like Ms. Lau and Mr. Schwartz, working with The Legal Aid Society help to close that justice gap, and provide much needed legal assistance to the most vulnerable members of our community.