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Matter of Bassin v. Popolizio

Appellate Division of the Supreme Court of New York, First Department
Feb 19, 1991
170 A.D.2d 308 (N.Y. App. Div. 1991)

Opinion

February 19, 1991

Appeal from the Supreme Court, New York County (Shirley Fingerhood, J.).


The petitioner is a beneficiary of Federal subsidized housing benefits pursuant to 42 U.S.C. § 1437f et seq., the so-called "Section 8 Program". In October, 1988, the petitioner planned to move to a new apartment, and sought to have his Section 8 benefits transferred to that apartment. After three months of dispute between the petitioner and the Housing Authority over the documentation provided and the terms of the new lease, the petitioner's Section 8 subsidy for the new apartment was approved in an amount of $401.92. The IAS court correctly concluded that the Housing Authority was arbitrary in denying payments retroactive to November, 1988, since the Housing Authority had not complied with the Federal regulation requiring written notice before the termination of benefits (24 C.F.R. § 882.216).

We have considered the Housing Authority's other arguments, and find them to be without merit.

Concur — Carro, J.P., Ellerin, Wallach, Kupferman and Rubin, JJ.


Summaries of

Matter of Bassin v. Popolizio

Appellate Division of the Supreme Court of New York, First Department
Feb 19, 1991
170 A.D.2d 308 (N.Y. App. Div. 1991)
Case details for

Matter of Bassin v. Popolizio

Case Details

Full title:In the Matter of LEYZER BASSIN, Respondent, v. EMANUEL POPOLIZIO, as…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 19, 1991

Citations

170 A.D.2d 308 (N.Y. App. Div. 1991)
566 N.Y.S.2d 31