Matter of Silver v. New York City Housing Authority, 92 N.Y.2d 674 (1999)

To be eligible for a Section 8 housing subsidy as a surviving family member, the individual must have been previously certified as a family member by the Housing Authority during the original recipient’s participation in the program.

Summary

The New York Court of Appeals addressed whether the petitioner could succeed to his deceased mother’s Section 8 housing subsidy. Esther Silver received Section 8 benefits for her apartment for many years, consistently stating she was the sole occupant. After her death, her son sought to continue the subsidy, claiming he lived with her. The NYCHA denied his request, and the son filed suit. The Court of Appeals held that because the son was never certified as a family member by the NYCHA during his mother’s participation in the program, he was not eligible to succeed to the Section 8 benefits. Allowing the claim would disregard the subsidy program’s intent and invite fraud.

Facts

Esther Silver received Section 8 subsidies for her apartment beginning in 1978 and continuing until her death in March 1995.

Each year, Silver submitted a form to the New York City Housing Authority (NYCHA) stating that she was the sole occupant of her apartment.

Upon Silver’s death, her son, the petitioner, sought to succeed to her housing subsidy, claiming he was a family member who had lived with her for several years.

The NYCHA denied the petitioner’s request, terminating the subsidy in 1995.

Procedural History

The petitioner commenced a CPLR article 78 proceeding seeking continuation of the Section 8 benefits.

The Supreme Court ruled in favor of the petitioner, determining he was a bona fide family member entitled to succeed to the Section 8 benefits.

The Appellate Division reversed, remitting the case to the NYCHA for a hearing to determine whether the petitioner was entitled to Section 8 benefits as a remaining family member.

The New York Court of Appeals granted leave to appeal.

Issue(s)

Whether the petitioner is entitled to succeed to his deceased mother’s Section 8 housing subsidy as a surviving family member when he was never certified by the NYCHA as a family member during his mother’s participation in the program.

Holding

No, because the petitioner was never certified by the NYCHA as a family member during his mother’s participation in the Section 8 program, there is no basis to conclude he is a family member entitled to succeed to the benefits.

Court’s Reasoning

The court emphasized that the issue is governed by federal law, specifically Section 8 of the United States Housing Act of 1937 (42 USC § 1437f) and its implementing regulations.

The court cited 24 CFR 982.201(c), which defines a family as “a single person or a group of persons,” and 24 CFR 982.551(h)(2), which requires Housing Authority (HA) approval for the composition of the assisted family residing in the unit and for the addition of any family member as an occupant.

The Court relied on the fact that the deceased had made “13 unequivocal annual statements…that she lived in the apartment alone,” and that the petitioner was never certified as a family member by the NYCHA. Therefore, there was no basis to conclude that the petitioner was a family member or that a hearing was necessary.

The court reasoned that allowing the petitioner to claim status as a surviving family member without prior certification would “open the door to possible fraudulent claims and to a wholesale disregard of the intent of the subsidy program.”

The court distinguished the case from Garner v Popolizio (171 AD2d 539), clarifying that the issue was not about the right to continued possession of the premises under State law, but about the continuation of a subsidy under Federal law.