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PETITIONER’S RENT SUBSIDY SHOULD NOT HAVE BEEN TERMINATED BASED UPON THE UNWANTED PRESENCE IN THE HOME OF A FORMER INTIMATE PARTNER, TERMINATION OF BENEFITS VIOLATED THE VIOLENCE AGAINST WOMEN ACT (SECOND DEPT).

The Second Department, in a full-fledged opinion by Justice Brathwaite Nelson, determined petitioner’s rent subsidy benefits under the Section 8 Housing Choice Voucher Program should not have been terminated. The termination was based upon the presence of petitioner’s former intimate partner, McGill, in the home. Petitioner demonstrated that McGill, who was abusive and whose presence was unwanted, was staying in the home without her permission. Termination of the rent subsidy benefits was deemed to violate the Violence Against Women Act (VAWA):

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After an administrative hearing, the determination to terminate [petitioner’s] benefits was confirmed based upon the finding that she was obligated, but failed, to request permission to add … McGill as an occupant to her subsidized apartment. … [T]he petitioner was entitled to the housing protections of the Violence Against Women Act … based upon uncontested hearing evidence establishing that she was subjected to an escalating pattern of stalking and abusive behavior and domestic violence by McGill, … whose course of abusive and violent conduct against her included his unwanted presence in her apartment. … [W]e conclude that [petitioner] was entitled to the housing protections of the VAWA, which prohibited her termination from the program on this ground … . Matter of Johnson v Palumbo, 2017 NY Slip Op 06534, 2nd Dept 9-20-17

LANDLORD-TENANT (PETITIONER’S RENT SUBSIDY SHOULD NOT HAVE BEEN TERMINATED BASED UPON THE UNWANTED PRESENCE IN THE HOME OF A FORMER INTIMATE PARTNER, TERMINATION OF BENEFITS VIOLATED THE VIOLENCE AGAINST WOMEN ACT (SECOND DEPT))/MUNICIPAL LAW (LANDLORD-TENANT, RENT SUBSIDY, PETITIONER’S RENT SUBSIDY SHOULD NOT HAVE BEEN TERMINATED BASED UPON THE UNWANTED PRESENCE IN THE HOME OF A FORMER INTIMATE PARTNER, TERMINATION OF BENEFITS VIOLATED THE VIOLENCE AGAINST WOMEN ACT (SECOND DEPT))/RENT SUBSIDY (PETITIONER’S RENT SUBSIDY SHOULD NOT HAVE BEEN TERMINATED BASED UPON THE UNWANTED PRESENCE IN THE HOME OF A FORMER INTIMATE PARTNER, TERMINATION OF BENEFITS VIOLATED THE VIOLENCE AGAINST WOMEN ACT (SECOND DEPT))/SECTION 8  (PETITIONER’S RENT SUBSIDY SHOULD NOT HAVE BEEN TERMINATED BASED UPON THE UNWANTED PRESENCE IN THE HOME OF A FORMER INTIMATE PARTNER, TERMINATION OF BENEFITS VIOLATED THE VIOLENCE AGAINST WOMEN ACT (SECOND DEPT))

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