Evans v. Franco
| Decision Date | 11 February 1999 |
| Citation | 710 N.E. 2d 261,93 N.Y.2d 823,687 N.Y.S.2d 615 |
| Parties | , 710 N.E.2d 261, 1999 N.Y. Slip Op. 1379 In the Matter of Louis EVANS, Respondent, v. Ruben FRANCO, as Chairman of the New York City Housing Authority, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, insofar as appealed from, should be reversed, without costs, and the petition dismissed.
The issue here is whether petitioner is entitled to succeed to a housing subsidy as a surviving family member pursuant to Section 8 of the United States Housing Act of 1937. The Section 8 program was established by the Federal Government and provides subsidies to lower income families in order that they may obtain adequate housing in the private sector (42 U.S.C. § 1437f). The New York City Housing Authority (NYCHA) administers the program for the United States Department of Housing and Urban Development (24 CFR 982.151). NYCHA receives an application for Section 8 assistance from persons who are eligible, approves the application and issues a Certificate of Family Participation to the applicant. The approved applicant then seeks rental housing with maximum rentals and specified standards (24 CFR 982.302).
The premises in question, a housing unit in a private building in Brooklyn, was occupied by Esther Silver for a number of years until her death in March 1995. Beginning in 1978, Silver received a Section 8 subsidy. Each year she completed a form which was submitted to the New York City Housing Authority, the agency that administered the Section 8 program for the Federal Government, stating that she was the sole occupant of her apartment and that, because of her income, she was qualified for Section 8 benefits.
Following her death, petitioner sought to succeed to her housing subsidy on the basis that he was a family member who occupied the premises with the deceased for a number of years. NYCHA informed him that he could not succeed to the benefits as a remaining family member and, in 1995, terminated the subsidy. Petitioner then brought a CPLR article 78 proceeding seeking the continuation of the benefits. The Supreme Court determined that petitioner was a bona fide family member of the deceased who was entitled to succeed to Section 8 benefits. The Appellate Division reversed, remitting the case to the NYCHA for a hearing to determine whether petitioner is entitled to Section 8 benefits as a remaining family member.
The resolution here is governed solely by Federal law....
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