Owner Must Provide Information Needed to Process Resident's Section 8 Application
Facts: A resident sued the owner to force the owner to accept the resident's Section 8 subsidy. The resident claimed that the owner refused to sign a lead paint disclosure form, which the local housing authority needed to process the resident's Section 8 benefit application. The owner claimed that it gave the resident a lead paint disclosure certification when the resident moved in and wasn't required to provide any further lead paint notice. The court ruled for the resident, and the owner appealed.
Decision: A New York appeals court upheld the lower court's ruling.
Reasoning: The owner's refusal to sign the lead paint notice constituted a refusal to accept the resident's Section 8 benefits and therefore violated the antidiscrimination provisions of the state tax abatement law that the owner was subject to. Although providing the one-time lead paint notice was a requirement of federal law, the owner still was required to comply with state law. The resident would be eligible for Section 8 benefits but for the owner's refusal to complete the missing lead paint disclosure form.
- Rakhman v. Alco Realty I, LP, February 2011